Robert C. Louthian, III

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Robert C. Louthian, III, represents exempt organizations on a wide range of tax and related issues, including determinations of exempt status, securing private letter rulings on proposed transactions, and preparing and representing clients who are under audit by the Internal Revenue Service. He works primarily with hospitals and other institutional providers, private foundations, scientific research organizations, universities, trade associations and corporate foundations. Robert has extensive experience in the formation of provider networks, integrate delivery systems, conversions of tax-exempt organizations and joint ventures with tax-exempt participants. Read Robert Louthian's full bio.

Treasury/IRS Release Proposed Regulations on Section 4960 Excise Tax

By and on Jun 25, 2020
Posted In Employee Benefits, Employment, Executive Compensation

The US Department of the Treasury has released long-expected proposed regulations regarding the section 4960 excise tax on certain remuneration or separation amounts paid to the five highest paid employees of a tax-exempt organization. The new proposed regulations continue the tough approach previously taken on section 4960 issues, while also providing some new exceptions and...

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Coronavirus National Emergency Declaration Permits Employers to Offer Tax-Favored Financial Assistance to Employees

By and on Mar 16, 2020
Posted In Employee Benefits, Employment, Health and Welfare Plans

On March 13, 2020, President Trump declared a national emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Declaration”) due to extraordinary circumstances resulting from Coronavirus. This Declaration opens up new methods for employers to provide tax-favored financial assistance to employees who are affected, directly or indirectly, by the virus. Access...

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Timely Actions – Highly Compensated Excise Tax Deadline Imminent

By , and on May 14, 2019
Posted In Executive Compensation

As an update on an important matter that we raised during McDermott’s May 8 Tax Symposium, it is critical to promptly assess whether to report any excise taxes imposed under Section 4960 as the deadline for filing Form 4720 is May 15, 2019 for calendar year taxpayers. Section 4960 of the Internal Revenue Code imposes...

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Top Takeaways for Tax-Exempts from IRS Guidance on Executive Compensation

By , , , and on Jan 10, 2019
Posted In Employee Benefits, Executive Compensation

One of the more controversial and complex provisions of the Tax Cuts and Jobs Act has been the 21 percent excise tax on certain nonprofit executive compensation. On December 31, 2018, the IRS issued interim guidance that addresses how this tax will apply in various situations that commonly arise for tax-exempt employers. Establishing internal systems...

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Free Parking Only Exists in Monopoly: New IRS Guidance Makes Employer-Provided Parking More Costly and Burdensome Than You Think

By , , , , , and on Dec 20, 2018
Posted In Employee Benefits

As part of its comprehensive 2017 tax reform bill, Congress repealed deductions for Qualified Transportation Fringes including for employer-provided parking, while also requiring that tax-exempt organizations increase their unrelated business taxable income by the nondeductible parking expenses. Recently released IRS Notice 2018-99 addresses some of the year-end tax filing and tax planning concerns for affected...

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Tax Reform Bill Becomes Law: Lessons for Tax-Exempt Organizations

By , , , and on Dec 28, 2017
Posted In Employee Benefits, Executive Compensation, Retirement Plans

Tax-exempt organizations—especially hospitals and health systems—face a new tax reality now that both houses of Congress have voted to pass the final tax reform bill. Continue Reading.

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Final Senate Tax Bill: Outlook for Tax-Exempt Organizations

By , , and on Dec 7, 2017
Posted In Employee Benefits, Executive Compensation

The Senate’s final tax reform bill contains several troubling provisions for tax-exempt organizations but represents an improvement over last month’s proposed legislation, which caused concern across the nonprofit sector. Continue Reading.

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Employers Can Provide Tax-Free Disaster Assistance to Employees

By , and on Sep 5, 2017
Posted In Employee Benefits, Labor

Section 139 of the Internal Revenue Code allows an employer to provide tax-free qualified disaster relief payments to Texas and Louisiana employees in designated areas affected by Hurricane Harvey. Continue reading.

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