Avoiding excess benefit transactions – The pitfalls of dealing with disqualified persons

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Abstract: The IRS has released new guidance on excess benefit transactions (EBTs). So-called disqualified persons and organization managers who engage in such transactions with nonprofits face stiff excise taxes — also known as intermediate sanctions — under the Internal Revenue Code. But not every transaction between disqualified persons and nonprofits is prohibited. This article reviews what nonprofit organizations need to know.