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Cast a wider net: Notice 2026-36 previews new era for the Section 4960 excise tax
The One, Big, Beautiful Bill Act generally expanded the definition of “covered employee” for the purposes of the excise tax on excessive compensation to covered employees of applicable tax-exempt organizations under section 4960 of the Internal Revenue Code. On June 22, 2026, Treasury and the IRS published Notice 2026-36 announcing an intent to issue proposed regulations clarifying the changes to the definition of “covered employee.”
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