The formulas
- First-tier tax on the disqualified person = 25% of the excess benefit
- Manager tax = 10% of the excess benefit, at most $20,000 per transaction
- Second-tier tax = 200% of the excess benefit not corrected within the taxable period
How it works
Section 4958 taxes the disqualified person who receives an excess benefit from an applicable tax-exempt organization at 25 percent of the excess. An organization manager who knowingly participated pays 10 percent, unless the participation was not willful and was due to reasonable cause, with a cap of $20,000 per transaction shared jointly and severally.
If the excess benefit is not corrected within the taxable period, the disqualified person owes a further 200 percent.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Does the organization pay these taxes?
No. The taxes fall on the disqualified person and on the managers, not on the organization.
Is the $20,000 cap per manager?
It is per transaction. Where more than one manager is liable, they are jointly and severally liable for that amount.
Sources
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