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Excess Compensation and Parachute Payments by Tax-Exempt Organizations: IRS Interim Guidance
Sidley Austin LLP Link to more items from this source
[Guidance Overview]
May 7, 2019
"One issue applicable to certain organizations arises when an ATEO such as a company foundation, family foundation or trade association is under common control with a business corporation or partnership, and an individual is highly compensated by the business corporation or partnership and also provides voluntary services to the ATEO. It seems unreasonable in many situations and inconsistent with the purposes of section 4960 that an uncompensated position with an ATEO could be considered a 'covered employee' position and as such could cause a related corporation or partnership to be subject to an excise tax under section 4960."

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