Safe Harbor Provision of The Law
Congress, in the legislative history, intended to create a rebuttable presumption of reasonableness, or safe harbor. Under this safe harbor, compensation is presumed to be reasonable and a property transfer is presumed to be at fair market value if: (1) the compensation arrangement or terms of transfer are approved, in advance, by an authorized body of the exempt organization, composed entirely of individuals without a conflict of interest, (2) the board or committee obtained and relied upon appropriate data as to comparability in making its determination; and (3) the board or committee adequately documented the basis for its determination, concurrently with making the decision.
The disqualified person or organization manager has the initial burden of proving that the compensation was reasonable. If the three criteria above are met, the burden of proof shifts to the IRS and the IRS must prove that the compensation was unreasonable. The IRS can rebut the presumption with sufficient contrary evidence showing the compensation was not reasonable or showing a transfer not to be at fair market value.
Read more about this topic: Intermediate Sanctions
Famous quotes containing the words safe, harbor, provision and/or law:
“Stupid misery of fame and money. Always we were safe from it, mistaking our obscurity for a curse when it was a treasure. Free to make what we liked, to be ourselves, even do nothing at all. No one watching. We could be real.”
—Kate Millett (b. 1934)
“Now we sing, and do tiny dances on the kitchen floor.
Our whole body is like a harbor at dawn;
We know that our master has left us for the day.”
—Robert Bly (b. 1926)
“The caretaking has to be done. “Somebody’s got to be the mommy.” Individually, we underestimate this need, and as a society we make inadequate provision for it. Women take up the slack, making the need invisible as we step in to fill it.”
—Mary Catherine Bateson (20th century)
“There is all the difference in the world between the criminal’s avoiding the public eye and the civil disobedient’s taking the law into his own hands in open defiance. This distinction between an open violation of the law, performed in public, and a clandestine one is so glaringly obvious that it can be neglected only by prejudice or ill will.”
—Hannah Arendt (1906–1975)