Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … s/i990schj/2023/a/xml/cycle02/source (Init. & Date) _______ Page 1 of 6 9:45 - 10-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Schedule J (Form 990) Compensation Information Section references are to the Internal Revenue Code unless organization and its related organizations. Part I, lines 5 otherwise noted. through 9, must be completed only by section 501(c)(3), section 501(c)(4), and section 501(c)(29) organizations. Future Developments Part II requires detailed compensation information for individuals for whom the organization answered “Yes” on For the latest information about developments related to Form 990, Part IV, line 23. Not all persons listed on Form 990, Schedule J (Form 990) and its instructions, such as Part VII, Section A, will necessarily be listed in Schedule J, legislation enacted after they were published, go to IRS.gov/ Part II. Form990. Part III is used to provide explanations of answers as Reminder required in Part I or II. Form 1099-NEC and nonemployee compensation re- Unless stated otherwise, all questions in this schedule porting. Beginning with tax year 2020, Form 1099-NEC, pertain to activity during the calendar year ending with or Nonemployee Compensation, is used to report nonemployee within the organization's tax year. compensation. Accordingly, where the Form 990 references reporting amounts of compensation from Form 1099-MISC, Part I. Questions Regarding Miscellaneous Income, be sure to include nonemployee compensation from box 1 of Form 1099-NEC. See the Compensation instructions for additional information. For purposes of Part I, a listed person is a person listed on Form 990, Part VII, Section A. General Instructions Line 1. Report information regarding certain benefits (if any) Note. Terms in bold are defined in the Glossary of the provided to persons listed on Form 990, Part VII, Section A, Instructions for Form 990, Return of Organization Exempt line 1a. From Income Tax. Line 1a. Check the appropriate box(es) if the organization Purpose of Schedule provided any of the listed benefits to any of the persons listed on Form 990, Part VII, Section A, regardless of whether such Schedule J (Form 990) is used by an organization that files benefits are reported as compensation in box 1 or box 5 of Form 990 to report compensation information for certain Form W-2, Wage and Tax Statement; box 6 of Form officers directors, , individual trustees key employees, , 1099-MISC; or box 1 of Form 1099-NEC. For each of the and highest compensated employees, and information on listed benefits provided to or for a listed person, provide in certain compensation practices of the organization. Part III the following information. Who Must File • The type of benefit. • The listed person who received the benefit, or a An organization that answered “Yes” on Form 990, Part IV, description of the types (for example, all directors) and line 23, must complete Schedule J. Do not file Schedule J for number of listed persons that received the benefit. institutional trustees. • Whether the benefit, or any part of it, was treated as If an organization isn't required to file Form 990 but taxable compensation to the listed person. chooses to do so, it must file a complete return and provide First-class travel refers to any travel on a passenger all of the information requested, including the required airplane, train, or boat with first-class seats or schedules. accommodations by a listed person or companion if any portion of the cost above the lower-class fare is paid by the organization. First-class travel doesn't include intermediate Specific Instructions classes between first class and coach, such as business class on commercial airlines. Bump-ups to first class free of Part I asks questions regarding certain compensation charge or as a result of using frequent flyer benefits, or similar practices of the organization. Part I generally pertains to all arrangements that are at no additional cost to the officers directors trustees, , , and employees of the organization, can be disregarded. organization listed on Form 990, Part VII, Section A, regardless of whether the organization answered “Yes” to Charter travel refers to travel on an airplane, train, or boat line 23 of Form 990, Part IV, for all such individuals. However, under a charter or rental arrangement. Charter travel also only the organizations that are described in Who Must File, includes any travel on an airplane or boat that is owned or earlier, must complete Part I. Part I, lines 1, 2, 3, 7, 8, and 9 leased by the organization. require reporting on the compensation practices of the filing Travel for companions refers to any travel of a listed organization, but not of related organizations. Lines 4 person's guest not traveling primarily for bona fide business through 6 require information regarding both the filing purposes of the organization. It also refers to any travel of a Jul 10, 2023 Cat. No. 51525Q |
Page 2 of 6 Fileid: … s/i990schj/2023/a/xml/cycle02/source 9:45 - 10-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. listed person's family members, whether or not for bona fide including the organization's top management official (all business purposes. referred to as “top management official”). An organization can Tax indemnification and gross-up payments refer to the answer “Yes” if it checked the “Discretionary spending organization's payment or reimbursement of any tax account” box on line 1a and required substantiation of obligations of a listed person. expenses under the rules for accountable plans for all listed benefits on line 1a other than for discretionary spending Discretionary spending account refers to an account or accounts. sum of money under the control of a listed person with respect to which the person isn’t accountable to the Line 3. Check the appropriate box(es) to indicate which organization under an accountable plan, whether or not methods, if any, the organization used to establish the actually used for any personal expenses. Accountable plans compensation of the organization's top management are discussed in Accountable plan amounts, later (under the official. If the organization relied on a compensation Part II, column (D), instructions). consultant that used a method described in line 3 to help Housing allowance or residence for personal use refers to determine compensation for the top management official, the any payment for, or provision of, housing by the organization organization may check the box for that method in line 3. Do for personal use by a listed person, including a ministerial not check any box(es) for methods used by a related housing or parsonage allowance. organization to establish the filing organization's compensation of the filing organization's top management Payments for business use of personal residence refers to official. Explain in Part III if the organization relied on a any payment by the organization for the use of all or part of a related organization that used one or more of the methods listed person's residence for any purpose of the organization. described next to establish the top management official's Health or social club dues or initiation fees refers to any compensation. payment of dues by the organization for the membership of a Compensation committee refers to a committee of the listed person in a health or fitness club or a social or organization's governing body responsible for determining recreational club, whether or not such clubs are tax exempt. It the top management official's compensation package, doesn't include membership fees for an organization whether or not the committee has been delegated the described in section 501(c)(3) or section 501(c)(6) unless authority to make an employment agreement with the top such organization provides health, fitness, or recreational management official on behalf of the organization. The facilities available for the regular use of a listed person. compensation committee can also have other duties. Health club dues don't include provision by the organization of an on-premises athletic facility described in section 132(j) Independent compensation consultant refers to a person (4), or provision by a school of an athletic facility available for outside the organization who advises the organization general use by its students, faculty, and employees. Dues regarding the top management official's compensation include the entrance fee, periodic fees, and amounts paid for package, holds the official out to the public as a use of such facilities. compensation consultant, performs valuations of nonprofit executive compensation on a regular basis, and is qualified Personal services refers to any services for the personal to make valuations of the type of services provided. The benefit of a listed person or the family or friends of a listed consultant is independent if the consultant does not have a person, whether provided regularly (on a full-time or part-time family relationship or business relationship with the top basis) or as needed, whether provided by an employee of management official, and if a majority of the appraisals are the organization or independent contractor (and whether performed for persons other than the organization, even if the the independent contractor is an individual or an consultant's firm also provides tax, audit, and other organization). They include, but aren't limited to, services of a professional services to the organization. babysitter, bodyguard, butler, chauffeur, chef, concierge or other person who regularly runs non-incidental personal Form 990 of other organizations refers to compensation errands, escort, financial planner, handyman, landscaper, information reported on a Form 990 series return of similarly lawyer, maid, masseur/masseuse, nanny, personal trainer, situated organizations, and includes Forms 990; 990-EZ, personal advisor or counselor, pet sitter, physician or other Short Form Return of Organization Exempt From Income Tax; medical specialist, tax preparer, and tutor for nonbusiness and 990-PF, Return of Private Foundation. purposes. Personal services don't include services provided Written employment contract refers to one or more recent to all employees on a nondiscriminatory basis under a or current written employment agreements to which the top qualified employee benefit plan. management official and another organization are or were Line 1b. If the organization provided any of the benefits parties, written employment agreements involving similarly listed in line 1a to one or more listed persons, answer “Yes” if situated top management officials with similarly situated the organization followed a written policy regarding the organizations, or written employment offers to the top payment, provision, or reimbursement of all such benefits to management official from other organizations dealing at listed persons. If the organization didn't follow a written policy arm's length. for payment, provision, or reimbursement of any listed Compensation survey or study refers to a study of top benefits, explain in Part III who determined the organization management official compensation or functionally would provide such benefits and the decision-making comparable positions in similarly situated organizations. process. Approval by board or compensation committee refers to Line 2. Answer “Yes” if the organization required the ultimate decision by the governing body or compensation substantiation of all expenses or benefits listed on line 1a, in committee on behalf of the organization regarding whether to accordance with the rules for accountable plans discussed enter into an employment agreement with the top in Accountable plan amounts, later (under the Part II, column management official, and the terms of such agreement. (D), instructions), before reimbursing or allowing all such expenses incurred by any directors trustees, , and officers, Line 4. List in Part III the names of listed persons paid amounts during the year by the filing organization or a -2- 2023 Instructions for Schedule J (Form 990) |
Page 3 of 6 Fileid: … s/i990schj/2023/a/xml/cycle02/source 9:45 - 10-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. related organization under any arrangement described in be paid a bonus equal to x% of B's net revenues from a lines 4a through 4c, and report the amounts paid during the particular department operated by B for a specified period of year to each such listed person. Also describe in Part III the time. This arrangement is a payment contingent on revenues terms and conditions of any arrangement described in lines of the organization, and must be reported on line 5, 4a through 4c in which one or more listed persons regardless of whether the payment is contingent on achieving participated during the year, regardless of whether any a certain revenue target. However, if instead the bonus payments to the listed person were made during the year. payment is a specific dollar amount (for instance, $5,000) to Line 4a. Answer “Yes” if a listed person received a be paid only if a gross revenue or net revenue target of the severance or change-of-control payment from the department is achieved, the payment isn't contingent on organization or a related organization. A severance revenues of the organization for this purpose. payment is a payment made if the right to the payment is Line 6. Answer “Yes” if the organization paid or accrued with contingent upon the person's severance from service in respect to a listed person any compensation contingent specified circumstances, such as upon an involuntary upon and determined in whole or in part by the net earnings separation from service or under a separation or termination of one or more activities of the organization or a related agreement voluntarily entered into by the parties. Payments organization, or by the net earnings of the organization or a under a change-of-control arrangement are made in related organization as a whole. Describe such arrangements connection with a termination or change in the terms of in Part III. employment resulting from a change in control of the organization. Treat as a severance payment any payment to a Example. A, a listed person, is an employee of listed person by the organization or a related organization in organization B. As part of A's compensation package, A is to satisfaction or settlement of a claim for wrongful termination be paid a bonus equal to x% of B's net earnings for a or demotion. specified period of time. This arrangement is a payment Line 4b. Answer “Yes” if a listed person participated in or contingent on net earnings of the organization for line 6 received payment from any supplemental nonqualified purposes, regardless of whether the payment is contingent retirement plan established, sponsored, or maintained by or on achieving a certain net earnings target. However, if for the organization or a related organization. A instead the bonus payment is a specific dollar amount to be supplemental nonqualified retirement plan is a nonqualified paid only if a net earnings target is achieved, the payment retirement plan that isn't generally available to all employees isn't contingent on the net earnings of the organization for this but is available only to a certain class or classes of purpose. management or highly compensated employees. For this Line 7. Answer “Yes” if the organization provided any purpose, include as a supplemental nonqualified retirement non-fixed payments, not described on lines 5 and 6, for a plan a plan described in section 457(f) (but don't include a listed person. Describe such arrangements in Part III. A fixed plan described in section 457(b)) and a split-dollar life payment is an amount of cash or other property specified in insurance plan. the contract, or determined by a fixed formula specified in the Line 4c. Answer “Yes” if a listed person participated in or contract, which is to be paid or transferred in exchange for received payment from the organization or a related the provision of specified services or property. A fixed formula organization of any equity-based compensation (such as can incorporate an amount that depends upon future stock, stock options, stock appreciation rights, restricted specified events or contingencies, provided that no person stock, or phantom or shadow stock), or participated in or exercises discretion when calculating the amount of a received payment from any equity compensation plan or payment or deciding whether to make a payment, such as a arrangement sponsored by the organization or a related bonus. Amounts paid or accrued to any listed person that organization, whether the compensation is determined by aren't fixed amounts as defined earlier are non-fixed reference to equity in a partnership, limited liability company, payments. For example, any amount paid to a person under a or corporation. Equity-based compensation doesn't include reimbursement arrangement where discretion is exercised by compensation contingent on the revenues or net earnings of any person as to the amount of expenses incurred or the organization, which are addressed by lines 5 and 6 later. reimbursed is a non-fixed payment. See Regulations section Example. A, a listed person, is an employee of 53.4958-4(a)(3). organization B. B owns an interest in C, a for-profit subsidiary Exception. Amounts payable under a qualified pension, that is a stock corporation. As part of A's compensation profit-sharing, or stock bonus plan under section 401(a) or package, B provides restricted stock in C to A. This is an under an employee benefit program that is subject to and equity-based compensation arrangement for purposes of satisfies coverage and nondiscrimination rules under the line 4c. The same would be true if C were a partnership or Internal Revenue Code (for example, sections 127 and 137), limited liability company and B provided A a profits interest or other than nondiscrimination rules under section 9802, are capital interest in C. treated as fixed payments for purposes of line 7, regardless of the organization's discretion with respect to the plan or Line 5. Answer “Yes” if the organization paid or accrued with program. The fact that a person contracting with the respect to a listed person any compensation contingent organization is expressly granted the choice to accept or upon and determined in whole or in part by the revenues reject any economic benefit is disregarded in determining (gross or net) of one or more activities of the organization or a whether the benefit constitutes a fixed payment for purposes related organization, or by the revenues (gross or net) of of line 7. the organization or a related organization as a whole. For this purpose, net revenues means gross revenues less certain Line 8. Answer “Yes” if any amounts from the organization expenses, but doesn't mean net income or net earnings. reported on Form 990, Part VII, were paid under a contract Describe such arrangements in Part III. subject to the initial contract exception described in Regulations section 53.4958-4(a)(3). Describe such Example. A, a listed person, is a physician employed by arrangements in Part III. Fixed payments made under an organization B. As part of A's compensation package, A is to 2023 Instructions for Schedule J (Form 990) -3- |
Page 4 of 6 Fileid: … s/i990schj/2023/a/xml/cycle02/source 9:45 - 10-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. initial contract aren't subject to section 4958. An initial included on Schedule J, Part II, columns (B)(i), (B)(ii), and (B) contract is a binding written contract between the (iii). If there is no compensation to report in a particular organization and a person who wasn't a disqualified person column, enter “-0-.” (within the meaning of section 4958(f)(1)) with respect to the organization immediately prior to entering into the contract. If the organization answered “Yes” to Form 990, Part VII, See the instructions for line 7 for the definition of fixed Section A, line 5, report such compensation from the payments. unrelated organization as if it were received from the organization, and enter the name of the unrelated Line 9. Answer “Yes” if the payments described in line 8 organization in Part III. were made under an initial contract that was reviewed and approved by the organization following the rebuttable For a table showing how and where to report certain types presumption procedure described in Regulations section of compensation on Schedule J, see the instructions for line 1 53.4958-6(c). For more information on the initial contract of Form 990, Part VII, Section A. exception and rebuttable presumption procedure, see Any type and amount of other compensation that was Appendix G. Section 4958 Excess Benefit Transactions in the excluded from Form 990, Part VII, Section A, under the Instructions for Form 990. $10,000-per-item exception for certain other compensation items, must be included in Schedule J, Part II, column (C) or Part II. Officers, Directors, Trustees, (D). Key Employees, and Highest For purposes of Part II, a listed person is a person required Compensated Employees to be listed in Part II. Enter information for certain individuals listed on Form 990, Column (A). Enter the name and title of each person who Part VII, Section A, as described below. Report must be listed in Part II. compensation for the calendar year ending with or within Column (B). Amounts reported on Form 990, Part VII, the organization's tax year paid to or earned by the following Section A, columns (D) and (E), must be broken out between individuals. columns (B)(i), (B)(ii), and (B)(iii). • Each of the organization's former officers, former directors, former trustees, former key employees, and For certain kinds of employees, such as certain former five highest compensated employees listed on TIP members of the clergy and religious workers who Form 990, Part VII, Section A. aren't subject to social security and Medicare taxes • Each of the organization's current officers, directors, as employees, the amount in box 5 of Form W-2 may be trustees, key employees, and five highest compensated blank or less than the amount in box 1 of Form W-2. In this employees for whom the sum of Form 990, Part VII, case, the amount required to be reported in box 1 of Form Section A, columns (D), (E), and (F) (disregarding any W-2 for the listed persons must be reported, as appropriate, decreases in the actuarial value of defined benefit plans) is in columns (B)(i), (B)(ii), and (B)(iii). greater than $150,000. Column (B)(i). Enter the listed person's base • Each of the organization's current and former officers, compensation included in box 1 or box 5 (whichever is directors, trustees, key employees, and five highest greater) of Form W-2, box 6 of Form 1099-MISC, or box 1 of compensated employees who received or accrued Form 1099-NEC issued to the person. Base compensation compensation from any unrelated organization or individual means nondiscretionary payments to a person agreed upon for services rendered to the filing organization, as reported on in advance, contingent only on the payee's performance of line 5 of Form 990, Part VII, Section A. List in Part III the name agreed-upon services (such as salary or fees). of each unrelated organization that provided compensation to such persons, the type and amount of compensation it paid Column (B)(ii). Enter the listed person's bonus and or accrued, and the person receiving or accruing such incentive compensation included in box 1 or box 5 (whichever compensation, as explained in the instructions for Form 990, is greater) of Form W-2, box 6 of Form 1099-MISC, or box 1 Part VII, Section A, line 5. of Form 1099-NEC issued to the person. Examples include payments based on satisfaction of a performance target All current key employees listed on Form 990, Part (other than mere longevity of service), and payments at the TIP VII, Section A, must also be reported on Schedule J, beginning of a contract before services are rendered (for Part II, because their reportable compensation, by example, signing bonus). definition, exceeds $150,000. Column (B)(iii). Enter all other payments issued to the listed person and included in box 1 or box 5 (whichever is Do not list any individuals in Schedule J, Part II, that aren't greater) of Form W-2, box 6 of Form 1099-MISC, or box 1 of listed on Form 990, Part VII, Section A. Do not list in Part II Form 1099-NEC but not reflected in column (B)(i) or (B)(ii). management companies or other organizations providing Examples include, but aren't limited to, current-year services to the organization. Do not list highest compensated payments of amounts earned in a prior year, payments under independent contractors reported on Form 990, Part VII, a severance plan, payments under an arrangement providing Section B. for payments upon the change in ownership or control of the organization or similar transaction, deferred amounts and For each individual listed, enter compensation from the earnings or losses in a nonqualified defined contribution plan organization on row (i), and compensation from all related subject to section 457(f) when they become substantially organizations on row (ii). Related organizations are vested, and awards based on longevity of service. explained in the Glossary in the Instructions for Form 990. Any type and amount of reportable compensation from Column (C). Enter all current-year deferrals of related organizations that was excluded from Form 990, Part compensation for the listed person under any retirement or VII, Section A, column (E), under the other deferred compensation plan, whether qualified or $10,000-per-related-organization exception, must be nonqualified, that is established, sponsored, or maintained by -4- 2023 Instructions for Schedule J (Form 990) |
Page 5 of 6 Fileid: … s/i990schj/2023/a/xml/cycle02/source 9:45 - 10-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. or for the organization or a related organization. Report as Example 2. Under the terms of the executive’s deferred compensation the annual increase or decrease in employment contract with Organization B beginning July 1 of actuarial value, if any, of a defined benefit plan, but don't calendar year 1, an executive is entitled to receive $50,000 of report earnings or losses accrued on deferred amounts in a additional compensation after completing 5 years of service defined contribution plan. Do not enter in column (C) any with the organization. The compensation is contingent only payments of compensation included in box 1 or box 5 on the longevity of service. The $50,000 is treated as (whichever is greater) of Form W-2, box 6 of Form accrued or earned ratably over the course of the 5 years of 1099-MISC, or box 1 of Form 1099-NEC issued to the listed service, even though it isn't funded or vested until the person for the calendar year ending with or within the executive has completed the 5 years. Organization B makes organization's tax year. Enter a reasonable estimate if actual a payment of $50,000 to the executive in calendar year 6. numbers aren't readily available. Organization B enters $5,000 of deferred compensation in For this purpose, deferred compensation is compensation column (C) for calendar year 1 and $10,000 for each of that is earned or accrued in, or is attributable to, 1 year and calendar years 2 through 5. For calendar year 6, Organization deferred for any reason to a future year, whether or not B enters $50,000 in column (B)(iii) and $45,000 in column funded, vested, or subject to a substantial risk of forfeiture. (F). This includes earned but unpaid incentive compensation Example 3. An executive participates in Organization C's deferred under a deferred compensation plan. But don't incentive compensation plan. The plan covers calendar years report in column (C) a deferral of compensation that causes 1 through 5. Under the terms of the plan, the executive is an amount to be deferred from the calendar year ending with entitled to earn 1% (0.01) of Organization C's total or within the tax year to a date that isn't more than 2 /1 2 productivity savings for each year during which Organization months after the end of the calendar year ending with or C's total productivity savings exceed $100,000. Earnings within the tax year. Note that different rules can apply for under the incentive compensation plan will be payable in year determining whether an arrangement provides for deferred 6, to the extent funds are available in a certain “incentive compensation for purposes of Internal Revenue Code compensation pool.” For years 1 and 2, Organization C's total provisions such as section 83, 409A, 457(f), or 3121(v). productivity savings are $95,000. For each of years 3, 4, and Do not report deferred compensation in column (C) before 5, Organization C's total productivity savings are $120,000. it is earned or accrued under the principles described. For Accordingly, the executive earns $1,200 of incentive this purpose, deferred compensation is generally treated as compensation in each of years 3, 4, and 5. The executive earned or accrued in the year that services are rendered, does not earn anything under the incentive compensation except when entitlement to payment is contingent on plan in years 1 and 2 because the relevant performance satisfaction of specified organizational goals or performance criteria weren't met in those years. Although the amounts criteria (other than mere longevity of service) under the earned under the plan for years 3, 4, and 5 are dependent deferred compensation plan. If the payment of an amount of upon there being a sufficient incentive compensation pool deferred compensation requires the employee to perform from which to make the payment, Organization C enters services for a period of time, the amount is treated as $1,200 of deferred compensation in column (C) in years 3, 4, accrued or earned ratably over the course of the service and 5. In year 6, Organization C pays $3,600 attributable to period, even though the amount isn't funded and may be years 3, 4, and 5, and enters $3,600 in column (B)(ii) and subject to a substantial risk of forfeiture until the service $3,600 in column (F). period is completed. Example 4. A new executive participates in Organization Report deferred compensation for each listed person D's nonqualified defined benefit plan, under which the regardless of whether such compensation is deferred as part executive will receive a fixed dollar amount per year for a of a deferred compensation plan that is administered by a fixed number of years beginning with the first anniversary of separate trust, as long as the plan is established, sponsored, retirement. The benefits don't vest until the executive serves or maintained by or for the organization or a related for 15 years with Organization D. Because the benefits organization for the benefit of the listed person. should be treated as accruing ratably over the 15 years, for year 1 the actuarial value of 1/15th of the benefits is reported The following examples illustrate when deferred as deferred compensation in column (C). For year 2, the compensation is considered earned or accrued, as well as actuarial value of 2/15ths of the benefits minus last year's when and how it is to be reported. In these examples, value of 1/15th is reported as deferred compensation in assume that the amounts deferred aren't reported in box 1 or column (C). For year 3, the actuarial value of 3/15ths of the box 5 of Form W-2, prior to the year during which the benefits minus last year's value of 2/15ths is reported, and so amounts are paid. on. Example 1. An executive participates in Organization A's Column (D). Nontaxable benefits are benefits specifically nonqualified deferred compensation plan. Under the terms of excluded from taxation under the Internal Revenue Code. the plan beginning January 1 of calendar year 1, the Report the value of all nontaxable benefits provided to or for executive earns for each year of service an amount equal to the benefit of the listed person, other than benefits 2% (0.02) of their base salary of $100,000 for that year. disregarded for purposes of section 4958 under Regulations These additional amounts are deferred and aren't vested until section 53.4958-4(a)(4). Common nontaxable and section the executive has completed 3 years of service with 4958 disregarded benefits, referred to as fringe benefits Organization A. In year 4, the deferred amounts for years 1 below, are discussed in detail beginning on this page. through 3 are paid to the executive. For each of the years 1 through 3, Organization A enters $2,000 of deferred Depending on the type of benefit, fringe benefits can be compensation for the executive in column (C). For year 4, provided only to employees or also to persons other than Organization A enters $6,000 in column (B)(iii) and $6,000 in employees, such as directors trustees, , and independent column (F). contractors. Fringe benefits can be entirely personal in nature or can combine personal and business elements. 2023 Instructions for Schedule J (Form 990) -5- |
Page 6 of 6 Fileid: … s/i990schj/2023/a/xml/cycle02/source 9:45 - 10-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The taxability of a benefit can depend upon the form in value of the use for business purposes properly accounted which it is provided. For example, a cash housing allowance for is a working condition fringe benefit. Cell phones provided is ordinarily reportable in box 5 of Form W-2. Under section to employees primarily for business purposes (other than 119, housing provided for the convenience of the employer compensation) are a working condition fringe benefit; in such can be excludable, and the fair rental value of in-kind housing case, the employee's personal use is a de minimis fringe. provided to certain school employees can be part taxable See Notice 2011-72, 2011-38 I.R.B. 407. See Pub. 587, and part excludable, depending on facts and circumstances. Business Use of Your Home, for special rules regarding Taxable benefits must be reported on Form W-2. deductibility of home expenses for business use. The following benefits provided for a listed person must be Accountable plan amounts. An accountable plan is a reported in column (D) to the extent not reported as taxable reimbursement or other expense allowance arrangement that compensation in box 1 or box 5 of Form W-2, box 6 of Form meets each of the following rules. 1099-MISC, or box 1 of Form 1099-NEC. 1. The expenses covered under the plan must be • Value of housing provided by the employer, except to the reasonable employee business expenses that are deductible extent such value is a working condition fringe. under section 162 or other provisions of the Code. • Educational assistance. 2. The employee must adequately account to the • Health insurance. employer for the expenses within a reasonable period of time. • Medical reimbursement programs. • Life insurance. 3. The employee must return any excess allowance or • Disability benefits. reimbursement within a reasonable period of time. See • Long-term care insurance. Regulations section 1.62-2 and Pub. 535, Business • Dependent care assistance. Expenses, for explanations of accountable plans. • Adoption assistance. The method by which benefits under an accountable plan • Payment or reimbursement by the organization of (or are provided (whether reimbursement, cash advances with payment of liability insurance premiums for) any penalty, tax, follow-up accounting, or charge by the employee on or expense of correction owed under chapter 42 of the company credit card) isn't material. Payments that don't Internal Revenue Code, any expense not reasonably incurred qualify under the accountable plan rules, such as payments by the person in connection with a civil judicial or civil for which the employee didn't adequately account to the administrative proceeding arising out of the person's organization, or allowances that were more than the payee performance of services on behalf of the organization, or any spent on serving the organization, are compensation. expense resulting from an act or failure to act with respect to Directors and trustees are treated as employees for which the person has acted willfully and without reasonable purposes of the working condition fringe provisions of section cause. 132. Therefore, treat cash payments to directors or trustees The list above is not all-inclusive. made under circumstances substantially identical to the Disregarded benefits. Disregarded benefits under accountable plan provisions as a section 132 working Regulations section 53.4958-4(a)(4) need not be reported in condition fringe. column (D). Disregarded benefits generally include fringe See Pub. 15-B, Employer's Tax Guide to Fringe Benefits; benefits excluded from gross income under section 132. Pub. 521, Moving Expenses; and Unreimbursed Employee These benefits include the following. Expenses in Pub. 529, Miscellaneous Deductions, for further • No-additional cost service. explanation of section 132 fringe benefits and for determining • Qualified employee discount. whether a given section 132 fringe benefit is available to • De minimis fringe. nonemployees, such as directors and trustees, or to persons • Reimbursements under an accountable plan. who no longer work for the organization. • Working condition fringe. Column (F). Enter in column (F) any payment reported in • Qualified transportation fringe. this year's column (B) to the extent such payment was • Qualified moving expense reimbursement. already reported as deferred compensation to the listed • Qualified retirement planning services. person on a prior Form 990, 990-EZ, or 990-PF. For this • Qualified military base realignment and closure fringe. purpose, the amount must have been reported as De minimis fringe. A de minimis fringe is a property or compensation specifically for the listed person on the prior service the value of which, after taking into account the form. frequency with which similar fringes are provided by the employer to the employees, is so small as to make Part III. Supplemental Information accounting for it unreasonable or administratively impractical. Use Part III to provide narrative information, explanations, or Working condition fringe. A working condition fringe is descriptions required for Part I, lines 1a, 1b, 3, 4a, 4b, 4c, 5a, any property or service provided to an employee to the 5b, 6a, 6b, 7, and 8, and for Part II. List in Part III the name of extent that, if the employee paid for the property or service, each unrelated organization that provided compensation to the payment would be deductible by the employee under persons listed in Form 990, Part VII, Section A; the type and section 162 (ordinary and necessary business expense) or amount of compensation the unrelated organization paid or section 167 (depreciation). accrued; and the person receiving or accruing such In some cases, property provided to employees may be compensation. Also use Part III to provide other narrative used partly for business and partly for personal purposes, explanations and descriptions, as applicable. Identify the such as automobiles. In that case, the value of the personal specific part and line(s) that the response supports. use of such property is taxable compensation, and the -6- 2023 Instructions for Schedule J (Form 990) |