Not For Profit/Exempt Organizations Blog

Latest from Not For Profit/Exempt Organizations Blog

On March 15, 2019, the U.S. Court of Appeals for the Seventh Circuit held in Gaylor v. Mnuchin that the tax exemption for “ministers of the gospel” (defined below) under Section 107(2) of the Internal Revenue Code (the “Code”) does not violate the Establishment Clause[1] of the First Amendment and, therefore, is constitutional, overruling the district court decision.[2] In Gaylor, the Freedom From Religion Foundation (the “FFRF”)[3] sued the Treasury Department after…
As we have previously discussed, the 2017 tax reform act created a new excise tax under section 4960 of the Internal Revenue Code that will affect many tax-exempt employers.  The tax is 21% of certain compensation and can be triggered if an employee receives more than $1 million of compensation or an employee receives certain post-termination payments (“parachute” payments).  The tax can apply even if the tax-exempt employer never pays $1 million in compensation. …