Tax Act’s Impact on Nonprofit Executive Compensation

(From Triscend) Because the Tax Cuts and Jobs Act of 2017 requires nonprofit employers to pay a tax on certain highly paid employees, it limits their ability to recruit, compensate and retain senior leadership talent, according to a recent white paper from the nonprofit benefits plan providers Triscend. Key points of the Act include the following:

• The Act imposes a 21% excise tax on compensation of more than $1 million for certain employees. The nonprofit employer, not the employee, pays the tax.
• The excise tax applies to the nonprofit organization’s five highest compensated “covered” employees or former employees for the year, plus anyone who was a covered employee for any preceding year (2017 or later).
• The same excise tax would apply to parachute payments paid to cover employees that exceed three times annualized compensation for the five years prior to a change of control.

The Act may require nonprofits to adjust existing compensation and recruiting strategies. Before exploring alternative plans, employers should study the Act’s potential impact on their presently structured compensation plans and other benefits based on the facts and circumstances of the employer and participating executive.

Read the full white paper here.

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