34. Cavanaugh & Co LLP September 2009 Intermediate Sanction Section 4958 of IRC Excess Benefits Amount Paid Total Compensation $500,000 Reasonable Value of Total Compensation 400,000 Excess Benefit $100,000 (1) Initial Tax Rate 25% Initial Tax $25,000 (2)
35. Cavanaugh & Co LLP September 2009 Intermediate Sanction Section 4958 of IRC Individual Pays IRS $25,000 (2) Individual pays back charity 100,000 (1) Total individual pays $125,000 Excess Benefits tax on charity manager 10% Tax Charity Pays $10,000
A conflict of interest arises when a person in a position of authority over an organization, such as an officer, director, or manager, may benefit financially from a decision he or she could make in such capacity, including indirect benefits such as to family members or businesses with which the person is closely associated. For this purpose, a conflict of interest does not include questions involving a person’s competing or respective duties to the organization and to another organization, such as by serving on the boards of both organizations, that do not involve a material financial interest of, or benefit to, such person.
There are no rules for “corporate” attributions Only “reasonable effort” to obtain required
compensation surveys or studies from outside compensation consultants for this purpose. independent compensation consultant used quality of any study, survey, or other data, used to establish executive compensation. You can purchase such studies, use other 990’s if satisfies, government DOL, Robert Half studies
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If you haven’t followed the program services that were approved for tax exempt originally, creates a problem changes must be approved by the IRS
Thus, to correctly complete Part III, line 4, an organization may need to allocate various expenses among its different activities.
Data on Form 990, Part III, helps the IRS evaluate whether an organization’s program services focus on appropriate activities (including level of activity and content) for its exempt status. For Section 501(c)(3) and (c)(4) organizations and Section 4947(a)(1) trusts required to provide the expenses by each program service, the information provided in Part III also supplements the expenditures shown in Part IX of Form 990.