Tax Reform Impacts Trade Association Executive Compensation
Client Alert | 1 min read | 01.05.18
The tax reform bill passed by Congress in late December 2017 imposes a new 21 percent excise tax on certain executive compensation paid by tax-exempt entities, including “section 501(c)(6)” trade associations. Trade associations potentially subject to this new excise tax may want to review their projected compensation to top executives and any severance agreements, and to consider restructuring any impacted compensation.
The new 21 percent excise tax applies to executive compensation in excess of $1 million paid in a year to one of the organization’s top five highest compensated employees or to a person that was one of the top five highest compensated in a previous year (but only going back to 2017) (collectively, “covered employees”).
Wages paid by the tax-exempt organization itself or by a related organization (including organizations under common control) count toward the $1 million limit.
There is also a 21 percent excise tax generally imposed on separation payments that are contingent on a change of control of the organization and paid to a covered employee, if the aggregate contingent payments exceed three times the individual’s average annual compensation for the preceding five years.
Insights
Client Alert | 5 min read | 09.03.26
The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events.
Client Alert | 6 min read | 09.03.26
FDA Seeks Input for Regulating GenAI-Powered Medical Devices
Client Alert | less than 1 min read | 09.03.26
SBA Proposal to Overhaul Size Standards Would Transform Federal Government Contracting
Client Alert | 5 min read | 09.02.26
DOJ’s Civil Rights Fraud Initiative Claims Another DEI-Related FCA Settlement
