Excessive compensation is the portion of cash and benefits that, in total, exceeds the value of services provided in exchange for that compensation. To make this determination, the value of all services provided are considered. For executives, such services commonly involve roles in management, marketing, operations, finance, and human resources. They may also include special…
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How does the IRS define Reasonable Compensation?
Internal Revenue Code section 162(a)(1) allows income tax deductions for various business expenses, including “a reasonable allowance for salaries or other compensation for personal services actually rendered.” Reg. section 1.162-7 (b)(3) says, “It is, in general, just to assume that reasonable and true compensation is only such amount as would ordinarily be paid for like…
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How is Reasonable Compensation Determined?
There are multiple methods of determining reasonable compensation amounts. The oldest approach is known as the multi-factor method, and it considers all the facts and circumstances. One of the key facts is referred to as compensation comparability data. This data should be actual amounts that similar employers paid for similar services. The independent investor test…
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Compensation Issues Common in Divorce
During marital dissolution, family courts look closely at the spouses' compensation amounts for multiple reasons. One of the most common reasons is to help determine a spouse’s ability to pay alimony and other types of support. In addition, if a spouse owns an interest in a closely held business, market-based compensation amounts are often needed…
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