White Paper

7 Pages
  • 7 Pages

Intermediate Sanctions and the Rebuttable Presumption

 

The bottom line for board members.

Members of governing boards of charitable organizations described in Internal Revenue Code Section 501(c)(3) have a duty to assure that the organization does not provide certain inside parties more than an arm’s length, fair market value compensation, contract terms and/or fringe benefits. The IRS imposes severe penalties on the recipient of excessive compensation, and also imposes personal financial penalties on directors or trustees when it finds an excess benefit transaction. This white paper provides an overview of intermediate sanctions and discusses taxes on disqualified persons and organization managers.

Agenda

Faculty

Anita Pelletier

Anita Pelletier

Nixon Peabody LLP

  • Counsel in the Rochester, NY office of Nixon Peabody LLP
  • Represented organizations ranging from the very small to the very large on all matters relating to nonprofit governance and related issues; also worked with several organizations to guide them through IRS and regulatory audits; assisted numerous charities in navigating the various rules regarding charitable solicitations in a market that necessitates the use of social media and electronic communications
  • Conducts regular seminars and workshops on nonprofit governance, issues relating to tax-exempt status and charitable solicitations
  • Member of the National Association of College and University Attorneys (NACUA) and a member of the Legal Resources Committee and is also involved with the Greater Rochester Association of Women Attorneys, previously serving as a board member as well as chair of their Media Committee and co-chair of the Program Committee; also a member of the American, New York State, and Monroe County bar associations
  • Received numerous awards for her commitment to pro bono service; in 2003, she received the William E. McKnight Award from the Monroe County Bar Association; in 2005, she received the Legal Aid Society of New York City Pro Bono Award
  • A recipient of Nixon Peabody’s Rodman Peabody Pro Bono Award, winning in 2005, 2006, 2007, 2008 and 2011 to 2015
  • Selected by peers for inclusion in The Best Lawyers in America© 2019 in the field of Nonprofit/Charities Law and has been listed in Best Lawyers since 2017
  • J.D. degree, summa cum laude, Syracuse University School of Law; M.P.A. degree, Maxwell School of Public Administration; B.A. degree in economics, St. John Fisher College
  • Can be contacted at 585-263-1164 or [email protected]

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