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section 4958

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Compensation and Corporate Governance In Tax-Exempt Organizations
In 1996, long before corporate governance was the buzzword in the for profit world, Section 4958 was added to the Internal Revenue Code by The Taxpayer Bill of Rights II. Section 4958 contains several "intermediate sanctions" that pose concerns for tax-exempt organizations. These intermediate sanctions provided the Internal Revenue Services...
Tags: Human Resources, Finance, Financial Planning, Business Operations, Benefits, Free Trade, Corporate Law, Taxes, Corporate Governance, Section 4958, Clark Consulting, Compensation, Sanction
White papers 2003-01-01

Additional Resources

Intermediate Sanctions and Exempt Organizations
Increased IRS Scrutiny of Excess-Benefit Transactions The IRS has stepped up its scrutiny of compensation packages and employee benefits in tax-exempt organizations and is using IRC section 4958 to sanction "disqualified persons" and organizational managers, rather than the organizations, for excess-benefit transactions. In 2002, the IRS issued...
Articles 2006-06-01
IRS clarifies relationship between excess benefits and exempt status
The IRS has issued a proposed rule, published in the Sept. 9 Federal Register, that would amend the regulations under the Internal Revenue Code section 501c(3) to provide guidance on factors that the IRS will consider in determining whether a tax-exempt organization that engages in one or more excess benefit...
Articles 2005-11-01
Tax Client Alert - September 2004 - Excess Benefit Transactions: Section 4958.
IRS Cites Insufficient Documentation as a Major Factor in Imposing Excise Taxes For Excess Benefit Transactions In five separate technical advice memoranda TAMs, the Internal Revenue Service imposed excise taxes on five disqualified individuals of the same tax-exempt religious organization.1 Each individual was found to have received...
Articles 2004-09-08
Justifying compensation in CEO contracts. (Eye on the Industry).
Benchmarking data collected by ASAE from more than 750 nonprofit organizations in fall 2002 indicate that 14 percent of CEOs with written contracts are contractually required to justify compensation based on comparable salary and benefits data. The data suggest that this requirement is related to an...
Articles 2003-08-01
Announcement 2002-47
Comments Requested on Possible Amendments to Regulations Governing Chapter 42 Excise Taxes The purpose of this announcement is to solicit comments addressing whether several regulations under Chapter 42 should be revised with respect to excise taxes imposed on foundation and organization managers to conform to recently-- issued final regulations...
Articles 2002-05-06
World of Genetics.
2002. 2v. $150 hc. The Gale Group. 0-7876-4958-9. Grade 9 & Up Given the current flurry of debate about cloning, stem cell research, the human genome project, and other topics of genetic research, students are become increasingly aware of, and interested in, all...
Articles 2002-05-01
Announcement 2002-39
Excise Taxes on Excess Benefit Transactions; Correction AGENCY: Internal Revenue Service IRS, Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains corrections to final regulations (T.D. 8978, 2002-7 LR.B. 500) that were published in the Federal Register on Wednesday, January 23, 2002 (67 FR 3076) relating...
Articles 2002-04-08
Tax Exempt Organizations
Final IRS Intermediate Sanctions Regulations: Few Surprises The Internal Revenue Service ("IRS") issued final intermediate sanctions regulations on January 23, 2002. The new regulations, which replace temporary regulations issued in 2001, contain few surprises and reflect only minor changes from last year's temporary rules. Like the temporary...
Articles 2002-02-25
T.D. 8978
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 53, 301, and 602 Excise Taxes on Excess Benefit Transactions AGENCY: Internal Revenue Service IRS, Treasury ACTION: Final regulations and removal of temporary regulations. SUMMARY: This document contains final regulations relating to the excise taxes...
Articles 2002-02-19
The Complete Package.(nonprofits' salary and benefit packages for executives and fundraisers)
Running afoul of intermediate sanctions As competition to attract and retain top-notch executives and fundraisers heats up, more nonprofits are offering salary and benefit packages approaching levels once found only in the private sector. Section 4958 of the Internal Revenue Code, a.k.a. the...
Articles 2001-10-01
Intermediate Sanctions.
Does the IRS think you're overpaid? Do you consider yourself overpaid? What about the other officers in your organization? Probably nobody would answer these questions affirmatively. However, on January 10 of this year, the International Revenue Service issued new...
Articles 2001-03-01
Nummi pushes presses to cut cycle times .
FREMONT, CALIF. -- New United Motor Manufacturing Inc. has pushed operating parameters on three 2,860-ton Ube injection presses to achieve significant cycle-time reductions in molding car bumpers. "We basically reduced cycle times on bumpers from 70 seconds down to a range of 49-58 seconds,"...
Articles 2000-06-05
Intermediate sanctions under [sections] 4958: an overview of the proposed regulations
Exempt organization insiders may be liable for excise taxes if they receive excess financial benefits from the organizations they serve. The issuance last year of proposed regulations under [sections]4958 of the Internal Revenue Code is considered by many to be the most important development in the law of...
Articles 1999-10-01
How intermediate tax sanctions may be applied to IDSs - integrated delivery systems
On July 30, 1998, the Department of Treasury published proposed regulations for Section 4958 of the Internal Revenue Code to enforce a provision of the Taxpayers Bill of Rights 2. The statute and regulations are designed to discourage excess benefit transactions between tax-exempt organizations and certain individuals, termed "disqualified persons,"...
Articles 1999-04-01
Intermediate tax sanctions: an overview
The Taxpayers Bill of Rights 2 introduces Section 4958, "Taxes on Excess Benefit Transactions," to the Internal Revenue Code. 'In general, this section imposes a penalty excise tax as an intermediate sanction when a not-for-profit 501c(3) healthcare organization or a 501c(4) tax-exempt HMO engages in an "excess benefit transaction."a The...
Articles 1997-07-01
New traps with deferred comp for tax exempts.(tax-exempt organizations and Section 4958 of Internal Revenue Code)
Congress is using Section 4958 of the Internal Revenue Code to penalize transactions between disqualified persons and tax-exempt organizations that result in excess benefit for the receiving party. Intermediate sanctions rather than punishments will be imposed upon both parties for all excess benefit transactions, which include all transactions wherein the...
Articles 1996-12-02
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