Tax Challenges for NPO Counsel: Excess Benefit Transactions for Executive Comp and Other Financial Dealings
Identifying Prohibited Transactions and Disqualified Persons, Reporting Improper Benefits, Maintaining the Exemption, and Avoiding Excise Taxes
Recording of a 110-minute premium CLE/CPE webinar with Q&A
This CLE course will prepare non-profit tax counsel with strategies to avoid revocation of tax exempt status and liability for excise taxes based on excess benefit transactions. The panel will review different types of excess benefit transactions, identify potential disqualified persons, tax penalties and revocation standards. The program will also discuss recent case-law developments.
Outline
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IRC excess benefit transactions
- Revocation factors
- Section 4598 excise taxes
- Automatic excess benefits
- Disqualified persons
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Current case law
- Planning strategies
- Donor-advised funds and supporting organizations
- Form 990
Benefits
The panel will review these and other key questions:
- What constitutes an excess benefit transaction and disqualified person for a nonprofit organization?
- What steps can NPOs take to avoid excess benefit transactions?
- What factors does the IRS consider in determining whether to revoke an organization's tax exempt status?
- What are the reporting requirements?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

David A. Levitt
Principal
Adler and Colvin
Mr. Levitt’s practice focuses on the representation of nonprofit and tax-exempt organizations, with an emphasis... | Read More
Mr. Levitt’s practice focuses on the representation of nonprofit and tax-exempt organizations, with an emphasis on program-related investments, political advocacy, and nonprofit corporate governance. He is the former Secretary of the Exempt Organizations Committee of the ABA Tax Section.
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Douglas Mancino
Partner
Hunton & Williams
For more than 35 years he has represented all types of healthcare and nonprofit organizations on tax, business, and... | Read More
For more than 35 years he has represented all types of healthcare and nonprofit organizations on tax, business, and financial matters. He has extensive experience in audit, appeals and tax controversy issues. Mr. Mancino has served as counsel to healthcare clients in a number of cases that have defined the limits of tax-exempt organizations participating in healthcare joint ventures.
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