Lawrence Associates Compensation Consulting, Salary Surveys, Salary Comparison, Executive Compensation, CEO Compensation, Tax Exempt, Non Profit

 

 

 

Regulatory Actions/News/Articles

Executive compensation information relevant to tax exempt/ non profit organizations (healthcare, education, foundations and others)

IRS Audit Activity

Executive Compensation - Fringe Benefits Audit Techniques Guide (02-2005

Blogs of Interest

Blogs increasingly provide up-to-date information on important areas.  Here's an active blog on charitable governance and compensation  http://charitygovernance.blogs.com

Governance/Sarbanes-Oxley Act of 2002 Implications for Tax-exempt / Non-profit Organizations

Panel on the Nonprofit Sector Releases Final Report to Senate Finance Committee, June 22, 2005 Panel on the Nonprofit Sector Report to Senate Finance Committee

Sarbanes-Oxley Act of 2002

Sarbanes-Oxley:  How Will it Affect Nonprofits and Higher Education Institutions? PriceWaterhouseCoopers

Sarbanes-Oxley Reforms:  Implications for Nonprofit Health Care industry, Jones Day Commentaries, May 2003 

Sarbanes-Oxley, Corporate Responsibility and Colleges and Universities, National Association of College and University Attorneys (NACUA)

IRS Model Conflict of Interest Policy Revised 1999

Intermediate Sanctions for Tax Exempt / Non Profit Organizations

Intermediate Sanctions applies to certain “applicable” section 501(c)(3) and 501(c)(4) organizations, excluding private foundations.   See regulations for details.

Lawrence Associates offers audits and certifies that we meet the requirements 26 CFR, Section 53.4958-1T, paragraphs (d)(4)(iii)(C)(1) through (3).  Lawrence Associates holds itself out to the public as compensation consultants.  The Firm performs the relevant valuations on a regular basis, and is qualified to make valuations of the type of property or services involved.  This certification is supported by the professional profiles of Lawrence Associates’ consultants, by marketing materials and the web site and by our client base and projects.  Please contact us for an audit.

 

September 9, 2005 Proposed Regulations - Intermediate Sanctions and Recognition of Tax-Exempt Status:  The IRS and Department of the Treasury have issued proposed regulations on the requirements for exemption under Internal Revenue Code section 501(c)(3). The proposed regulations amend the existing regulations under section 501(c)(3) and add several examples to illustrate the requirement that an organization serve a public rather than a private interest. The proposed regulations also provide guidance on factors the IRS will consider in determining whether a 501(c)(3) organization that engages in one or more excess benefit transactions described in section 4958 will continue to be recognized as exempt under section 501(c)(3).  Comments on the proposed regulations and requests to speak at a public hearing are due by December 8, 2005.

New Intermediate Sanctions Training Article

Intermediate Sanctions (IRC 4958) Update FY 2003 EO CPE E-1 by Lawrence M. Brauer and Leonard J. Henzke, IRS, Exempt Organizations-Technical Instruction Program for FY 2003

PLR 200335037  6/2/03, PLR 200332018  5/13/03, Information Letter 2002-14 12/23/03, PLR 200247055  11/22/02, TAM 200243057, 7/2/02, TAM 200244028, 6/21/02

Reasonable Compensation by Jean Wright and Jay H. Rotz, IRS, Exempt Organizations

Easier Compliance is Goal of New Intermediate Sanction Regulations, Steven T. Miller, Director of Exempt Organizations, IRS Washington, DC

Compliance Checklist:  Rebuttable Presumption  Procedure is Key to Easy Intermediate Sanctions Compliance, Steven T. Miller, Director of Exempt Organizations, IRS Washington, DC

Effective January 23, 2002 Intermediate Sanctions final regulations, Final Regulations on Excise Taxes on Excess Benefit Transactions 

Attorneys General

Massachusetts Attorney General Files "An Act to Promote the Financial Integrity of Public Charities"

 

Massachusetts Attorney General, 10 Practical Tips for Non-Profit Hospital Boards, October 2004

1994-Current --Massachusetts Attorney General's Office: "The Attorney General's Guide for Board Members of Charitable Organizations"

Deferred Compensation

Congress Approves Broad Changes to Nonqualified Deferred Compensation Arrangements - Enactment Imminent

IRS final regulations on 457 plans: Compensation Deferred Under Eligible Deferred Compensation Plans

IRS Notice 2003-20: Eligible Deferred Compensation Plans under Section 457 This notice provides guidance on 457 plan withholding and reporting.

IRS Proposed regulations on Compensation Deferred Under Eligible Deferred Compensation Plans (Section 457(b))

Split-Dollar Life Insurance for Tax Exempt / Non Profit Organizations

The Treasury Department and IRS issued Final Regulations on split dollar (Treasury Decision 9092). Split-Dollar Life Insurance Arrangements - Final Regulations 

The Treasury Department issued  Revised Ruling 2003-105 in September 2003 stating the Final Regulations apply to any split-dollar life insurance arrangement that "is entered into after September 17, 2003 and to any split-dollar life insurance arrangement entered into on or before September 17, 2003 that is materially modified after September 17, 2003." 

In May 2003, Treasury Department and IRS issued a supplement to Notice 2002-8.  This document provides guidance on the valuation of economic benefits. 

The Treasury Department and IRS issued Notice 2002-8 providing interim guidance on the treatment of split-dollar life insurance arrangements.  This Notice revokes the earlier Notice 2001-10.

Foundation Compensation

Foundation Chief Agrees to Repay Over $4M.  Other foundation told "no issues to pursue".

ecommended Best Practices in Determining Reasonable Executive Compensation, Council on Foundations, December 6, 2002

Determining Reasonable Compensation for Foundation Directors and Trustees, Council on Foundations, December 6, 2002

Indicators of Effectiveness: Understanding and Improving Foundation Performance, The Center for Effective Philanthropy, Research Initiatives

Physician Compensation

Physician Incentive Compensation- Lawrence M. Brauer and
Charles F. Kaiser III

Public Disclosure for Tax Exempt / Non Profit Organizations

January 13, 2000--Private Foundation Disclosure Rules, Final Regulations

IRS  - Update: The Final Regulations on the Disclosure Requirements for Annual Information Returns and Applications for Exemption

Effective June 8, 1999--Final Regulations on Public Disclosure of Material Relating to Tax-Exempt Organizations

DOJ and FTC Antitrust Guidelines for Conduct of Surveys

August 28, 1996-- Revised Department of Justice and Federal Trade Commission Antitrust Guidelines for Conducting Compensation Surveys in Health Care See Statement 6 or FTC website:  http://www.ftc.gov/reports/hlth3s.htm
 

 

 

 

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Wellesley, MA 02481

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