Melissa Sampson McMorrow released a tax advisory, "Practical Insights on Tax Reform: Impact on Exempt Organizations" that examines how the Tax Cuts and Jobs Act will affect exempt organizations. In addition to discussing the general impact that Tax Reform will have on exempt organizations, the advisory delves in to the specific impact the legislation will have on fringe benefits and executive compensation and potential penalties that could be imposed on exempt organizations. As a result of these new rules, exempt organizations should immediately review their practices regarding executive compensation and fringe benefits to avoid the application of any excise tax or understand the implication of a potential new item of UBTI.
On July 25, 2016, the IRS issued final regulations under Section 83 of the Internal Revenue Code (the “Code”) simplifying the process by which taxpayers may make elections under Code Section 83(b) by eliminating one of the filing requirements. These final regulations adopt without change proposed regulations that were issued in July 2015.
On June 21, 2016, the Internal Revenue Service issued long-awaited guidance on deferred compensation arrangements under Sections 409A and 457 of the Internal Revenue Code. The proposed regulations under Section 409A clarify and/or modify certain provisions of the final regulations issued under that Section in 2007, and also withdraw a specific provision of earlier proposed regulations under Section 409A issued in 2008 that addressed the calculation of amounts includible in income under Section 409A(a)(1), replacing it with revised proposed regulations. The proposed regulations under Code Section 457 prescribe rules for the taxation of deferred compensation arrangements established and maintained by state or local governments or other tax exempt organizations. In each case, the proposed regulations would affect participants, beneficiaries, plan sponsors, and administrators.
A link to the proposed regulations under Section 409A may be found here, and the proposed regulations under Section 457 may be found here.
Stay tuned for our in-depth analysis on these proposed regulations.
In this blog, Nutter's Executive Compensation and Employee Benefits attorneys will provide updates on key developments and offer practical tips and best practices relating to executive compensation, employee benefits, and corporate governance matters.
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