Intermediate Sanctions “Safe Harbor” Could be in Jeopardy

U.S. Senator Chuck Grassley (R- IA) has introduced an amendment to the national healthcare bill put forward by Senator Max Baucus, that could substantially change the risk profile for board members and managers of nonprofits.  The amendment would elminate the protection from personal liability, imposed by the IRS “Intermediate Sanctions” regulations (29 C.F.R. sec. 4958), currently available when a nonprofit organization hires a compensation consultant and takes the steps necessary to qualify for the “rebuttable presumption of reasonableness.

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