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Reportable
compensation. Reportable
compensation consists of:
For
officers
and other employees
--- amounts required to be reported in Box 5 of Form W-2.
For
directors
and individual trustees
--- amounts required to be reported in Box 7 of Form 1099-MISC (plus
Box 5 of Form W-2 if also compensated as an officer or employee).
For
institutional
trustees
--- fees for services paid pursuant to a contractual agreement or
statutory entitlement. While the compensation of institutional
trustees must be reported in Form 990, Part VII, it need not be
reported in Schedule J.
If
the organization did not file a Form 1099-MISC because the amounts
paid were below the threshold reporting requirement, then include and
report the amount actually paid.
TIP:
Corporate
officers are considered employees for purposes of Form W-2 reporting,
unless they perform no services as officers, or perform only minor
services and neither receive nor are entitled to receive, directly or
indirectly, any compensation.
Corporate directors are considered independent contractors, not
employees, and director compensation, if any, generally is required
to be reported on Form 1099-MISC. See Regulations section
31.3401(c)-1(f).
For
certain kinds of employees,
such as certain members of the clergy and religious workers who are
not subject to social security and Medicare taxes as employees, Box 5
of Form W-2 may be zero or blank. In such case, the amount required
to be reported in Box 1 of Form W-2 must be reported as reportable
compensation.
To
determine whether an individual received more than $100,000 (or
$150,000) in reportable compensation in the aggregate from the
organization and related
organizations,
add the following amounts:
The
amount reported in Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC
issued to the individual by the organization.
Amounts
reported in Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC issued
to the individual by each related organization that reported $10,000
or more.
To
determine whether an individual received solely in his or her
capacity as a former trustee or director of the organization more
than $10,000 in reportable compensation for the calendar year ending
with or within the organization’s tax
year,
in the aggregate, from the organization and all related organizations
(and thus must be reported in Form 990, Part VII and Schedule J, Part
II), add the amounts reported in Box 7 of all Forms 1099-MISC and, if
relevant, Box 5 of all Forms W-2 issued to the individual by the
organization and all related organizations for the calendar year
ending with or within the organization’s tax year. Report such
amounts only to the extent that such amounts relate to the
individual’s past services as a trustee or director of the
organization, and do not disregard any payments from a related
organization below $10,000 for such purpose.
Other
compensation.
Other compensation includes compensation
other than reportable
compensation,
including deferred
compensation
not currently reportable on Form W-2, Box 5 or Form 1099- MISC, Box
7, and certain nontaxable benefits, as discussed in the Schedule J,
Part II instructions. See the instructions for other compensation
reported in column (F) below, which includes a table to show where
and how to report certain types of compensation on Part VII, Section
A and Schedule J.
Disregarded
entities. Disregarded entities
(such as a limited liability company that is wholly owned by the
organization and not treated as a separate entity for federal tax
purposes) are treated as part of the organization rather than as
related
organizations
for purposes of Form 990, including for Part VII and Schedule J. A
person is not considered an officer
or director
of the organization by virtue of being an officer or director of a
disregarded entity, but he or she may qualify as a key
employee
or highest
compensated employee
of the organization. An officer, director, or employee of a
disregarded entity is a key employee of the organization if he or she
meets the $150,000 and Top 20 Tests for the filing organization as a
whole and if, with respect to the Responsibility Test, the person has
responsibilities, powers or influence over a discrete segment or
activity of the disregarded entity that represents at least 10
percent of the activities, assets, income or expenses of the filing
organization as a whole, or has
or shares authority to control or determine the disregarded entity’s
capital expenditures, operating budget, or compensation for employees
that constitutes at least 10 percent of the filing organization’s
respective items as a whole.
If an officer or director of a disregarded entity also serves as an
officer, director, trustee, or key employee of the organization,
report this individual as an officer, director, trustee, or key
employee, as applicable, of the organization, and add the
compensation, if any, paid by the disregarded entity to this
individual to the compensation, if any, paid directly by the
organization to this individual. Report the total aggregate amount
in column (D).
Management
Companies. Management companies,
as independent
contractors,
are reported in Form 990, Part VII (if at all) only in Section B,
Independent Contractors, and are not reported in Schedule J, Part II.
If a current officer,
director, trustee,
or key
employee listed
in Form 990, Part VII, Section A has a relationship with a management
company that provides services to the organization, then the
relationship may be reportable in Schedule L, Part IV. The same is
true for a former officer, director, trustee, or key employee within
the last five years, whether or not listed in Form 990, Part VII,
Section A. If a current or former officer, director, trustee, key
employee, or highest
compensated employee
receives compensation
from a management company that provides services to the organization
and is a related organization, then the individual’s
compensation from the management company must be reported in Form
990, Part VII, Section A, columns (E) and (F). Questions pertaining
to management companies also appear in Form, 990 Part VI, line 3 and
Schedule H, Part IV.
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