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Entity Setup: Integrating As Applicable Tax-Exempt Organization Under Section 4960 After OBBBA

Sector leaders must re-evaluate their executive compensation policies for tax-exempt organizations in light of expanded definitions and forthcoming regulations under the One, Big, Beautiful Bill.

By NomadicTax Research Team · 5-8 min read

What’s Changed with Employee Comp- and Section 4960

The One, Big, Beautiful Bill Act (OBBBA) amended Section 4960, broadening who qualifies as a “covered employee” for purposes of excise tax on remuneration for tax-exempt orgs (ATEOs). (irs.gov)

Key changes:

  • Prior definition limited to five highest-paid persons; new definition includes any current or former employee if they were employed at any time after December 31, 2016. (irs.gov)
  • New regulations are expected but not yet final; current transitional relief exists. (irs.gov)

What That Means Operationally

FunctionOld ApproachNew Obligations Under OBBBA
Executive compensation capsOnly top 5 paid staff monitoredAll relevant employees from 2016 onward must be considered for Section 4960 tax exposure
Reporting & payroll planningLimited group sized estimatesExpanded payroll review and documentation across broader staff base
Budgeting for excise taxRarely invoked or low riskRisk of excise tax liability for many, need to anticipate potential tax on compensation exceeding $1 million per employee

Action Steps for Tax-Exempt Entities:

  • Conduct a compensation audit for all employees/former employees to identify who is now “covered.”
  • Review internal policies for limiting compensation that may trigger excise liability.
  • Set up tracking and reporting systems to reflect the expanded definition as you approach 2026 taxable years.
  • Monitor IRS notices for final regulations per the guidance in Notice 2026-36. (irs.gov)

Example Scenario:

A nonprofit has 50 mid-level employees each earning $90,000/year, historically only focusing on its three top compensated execs. After OBBBA, each of those 50-plus employees might be individually considered “covered” when formulating excise exposure if they ever exceeded $1M in compensation in a given year, or fall under another criteria. Even if they didn’t, the organization needs the systems to know.

👇 Takeaway: Don’t wait for final regs—update your compensation policy, compliance infrastructure, and budgeting to reflect the expanded scope and avoid surprises and penalties.

Sources

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