Has that ever been your response, when reading about indemnification for nonprofits? Simply explained, indemnification is the legal procedure by which a corporation reimburses directors, officers, and other agents for liabilities, expenses, and other losses incurred in the event of a lawsuit or other proceeding. This important protection should provide great comfort to the organization’s leaders.
Last week, the IRS released its final 37-page compensation report (“Report”), based on its five-year compliance review of 400 randomly selected colleges and universities. The Report reflects the IRS’ increasing willingness to scrutinize public charities, particularly their comparability data used to set executive compensation. Consequently, even though colleges and hospitals generally represent the largest and most complex of tax-exempt organizations under IRC Section 501(c)(3), the legal compliance concerns raised are worth a careful review by all tax-exempt public charities with employees.
IRC Section 4958 requires public charities to pay no more than reasonable compensation to their officers, directors, trustees, and key employees. In the event an organization provides unreasonable compensation, significant excise taxes can be imposed on the recipients of the compensation and potentially on the board members and others who approved it.
What is reasonable or unreasonable compensation? Section 4958 provides a “safe harbor” margin for organizations that follow a three-step process:
When a pastor learns of child abuse, what are his or her legal and ethical obligations to report the abuse to government agencies like Illinois’ DCFS? On the one hand are the victim’s interests – those of the vulnerable child who has or who is suffering. On the other hand are the interests of the confessing penitent, who usually receive assurances that their conversations with clergypersons are privileged. Which interest prevails? Which should prevail? What does the law require?