Exempt Organizations Annual Reporting Requirements - Form 990, Part VII and Schedule J - Compensation Information
The questions below relate to Schedule J (Compensation Information) and Part VII (Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors), Form 990, Return of Organization Exempt From Income Tax.
A. Questions for All Filers
- Which persons must be listed as officers, directors, trustees, key employees and five highest compensated employees on Part VII of Form 990?
- The reporting requirements refer to reportable compensation and other compensation. How does an organization know which types and amounts of compensation are included in each, and where to report these types and amounts on the form?
- Schedule J, Part I, contains questions about an organization’s executive compensation practices and policies. Are these questions to be answered for all of the persons listed in the Form 990 Part VII, or only those persons listed in Schedule J, Part II?
- The organization uses a fiscal year as its tax year for completing Form 990. May the organization report executive compensation in Part VII based on its fiscal year, rather than the calendar year amounts reported on Form W-2 or Form 1099?
- How should an organization list in Part VII, Form 990, a person who is a current officer or director for part of the year and a former officer or director for the remainder of the year (as a current, former, or both)? What about persons who are key employees or highest compensated employees for only part of the year?
- Under what circumstances must compensation paid by a related organization be reported on Form 990?
- The reporting requirements refer to reportable compensation and other compensation. Which types and amounts of compensation are included in each, and where should we report these types and amounts on Form 990?
- Form 990, Part VII, Section A instructions say to list persons in a particular order, beginning with trustees or directors, followed by officers, then key employees, then highest compensated employees, then former such persons. Why should these persons be listed in this order?
- Because some of our managers report to the CEO or other executives, they don’t have ultimate authority over the organization, so we don’t need to report them as key employees, right?
- Are all organizations that list individuals in Form 990, Part VII also required to complete Schedule J?
- Some amounts reported on Form 990 as current year compensation may have also been reported in a prior year’s Form 990 or 990-EZ. This could overstate the cumulative compensation reported as paid to the individual. May the organization back out this duplicate amount on the current year's form?
- May an organization report base pay at full amount on Form 990, Schedule J, including deferrals to 401(k) and 403(b) plans, rather than separating deferrals from other base pay and reporting them in Schedule J as other reportable compensation?
- How do we know whether the compensation we’re paying to our officers and key employees is reasonable?
B. Questions for Political Organizations