The Tax Cuts and Jobs Act of 2017 imposed a new 21 percent excise tax on applicable tax-exempt organizations that pay more than $1 million in remuneration to any covered employee for any taxable years beginning after December 31, 2017.
A covered employee is one of the five highest compensated employees for any taxable year beginning after December 31, 2016. Once a person becomes a covered employee, he or she will remain a covered employee for all subsequent tax years regardless of whether the individual continues to be one of the five highest compensated employees by the organization.
Almost all tax-exempt organizations file Form 990s. The Form 990 includes compensation information for senior management at tax-exempt entities.
However, compensation information is not available for federal credit unions; because federal credit unions are not required to file Form 990s.
The Internal Revenue Service (IRS) should require federal credit unions to file Form 990s.
The Form 990 is an important tool for the IRS to monitor and track potential noncompliance with the new excise tax.
It would also allow the public to determine if federal credit unions are providing excess compensation to senior management.
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