26 USC 4960 - Tax on excess tax-exempt organization executive compensation

U.S Code last checked for updates: Nov 26, 2024

§ 4960.

Tax on excess tax-exempt organization executive compensation

(a)

Tax imposed

There is hereby imposed a tax equal to the product of the rate of tax under section 11 and the sum of—

(1)

so much of the remuneration paid (other than any excess parachute payment) by an applicable tax-exempt organization for the taxable year with respect to employment of any covered employee in excess of $1,000,000, plus

(2)

any excess parachute payment paid by such an organization to any covered employee.

For purposes of the preceding sentence, remuneration shall be treated as paid when there is no substantial risk of forfeiture (within the meaning of section 457(f)(3)(B)) of the rights to such remuneration.

(b)

Liability for tax

(c)

Definitions and special rules

For purposes of this section—

(1)

Applicable tax-exempt organization

The term “applicable tax-exempt organization” means any organization which for the taxable year—

(A)

is exempt from taxation under section 501(a),

(B)

is a farmers’ cooperative organization described in section 521(b)(1),

(C)

has income excluded from taxation under section 115(1), or

(D)

is a political organization described in section 527(e)(1).

(2)

Covered employee

For purposes of this section, the term “covered employee” means any employee (including any former employee) of an applicable tax-exempt organization if the employee—

(A)

is one of the 5 highest compensated employees of the organization for the taxable year, or

(B)

was a covered employee of the organization (or any predecessor) for any preceding taxable year beginning after December 31, 2016.

(3)

Remuneration

For purposes of this section:

(A)

In general

(B)

Exception for remuneration for medical services

(4)

Remuneration from related organizations

(A)

In general

(B)

Related organizations

A person or governmental entity shall be treated as related to an applicable tax-exempt organization if such person or governmental entity—

(i)

controls, or is controlled by, the organization,

(ii)

is controlled by one or more persons which control the organization,

(iii)

is a supported organization (as defined in section 509(f)(3)) during the taxable year with respect to the organization,

(iv)

is a supporting organization described in section 509(a)(3) during the taxable year with respect to the organization, or

(v)

in the case of an organization which is a voluntary employees’ beneficiary association described in section 501(c)(9), establishes, maintains, or makes contributions to such voluntary employees’ beneficiary association.

(C)

Liability for tax

In any case in which remuneration from more than one employer is taken into account under this paragraph in determining the tax imposed by subsection (a), each such employer shall be liable for such tax in an amount which bears the same ratio to the total tax determined under subsection (a) with respect to such remuneration as—

(i)

the amount of remuneration paid by such employer with respect to such employee, bears to

(ii)

the amount of remuneration paid by all such employers to such employee.

(5)

Excess parachute payment

For purposes of determining the tax imposed by subsection (a)(2)—

(A)

In general

(B)

Parachute payment

The term “parachute payment” means any payment in the nature of compensation to (or for the benefit of) a covered employee if—

(i)

such payment is contingent on such employee’s separation from employment with the employer, and

(ii)

the aggregate present value of the payments in the nature of compensation to (or for the benefit of) such individual which are contingent on such separation equals or exceeds an amount equal to 3 times the base amount.

(C)

Exception

Such term does not include any payment—

(i)

described in section 280G(b)(6) (relating to exemption for payments under qualified plans),

(ii)

made under or to an annuity contract described in section 403(b) or a plan described in section 457(b),

(iii)

to a licensed medical professional (including a veterinarian) to the extent that such payment is for the performance of medical or veterinary services by such professional, or

(iv)

to an individual who is not a highly compensated employee as defined in section 414(q).

(D)

Base amount

(E)

Property transfers; present value

(6)

Coordination with deduction limitation

(d)

Regulations

(Added Pub. L. 115–97, title I, § 13602(a), Dec. 22, 2017, 131 Stat. 2157.)

cite as: 26 USC 4960