One of the key requirements for churches and other 501(c)(3) organizations to maintain their tax-exempt status is to avoid “private inurement.” Private inurement occurs when an insider of an organization receives from the organization greater benefits than he or she provides to the organization. Likewise, private inurement can also occur whenever the organization’s assets are transferred to an individual solely because of that person’s relationship to the organization. However, it is important to remember that churches and not-for-profit organizations may provide “reasonable compensation” for services performed. But when compensation becomes unreasonable, the organization may jeopardize its tax-exempt status and the IRS may also impose sanctions on the recipient.
To avoid unreasonable compensation, churches and other not-for-profits should heed the following tips:
By following these 7 tips, your organization can reduce the risk associated with unreasonable compensation.
The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.
In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Never one time during a year-long litigation process did Dalton & Tomich demonstrate anything other than Christ-like professionalism. They managed the legal details, while we continued to do church. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today.
Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.