Skip to content

Exempt Organizations Technical Guide›TG 65: Excise Taxes - Excess Benefit Transactions - IRC Section 4958›Table of Contents

Determining the Value of an Excess Benefit Transaction

0224 Publ 5835 (PDF) · 2026-10-03 edition · updated 2026-10-04 · United States

(1) One of the most difficult audit issues is determining if an excess benefit transaction

has occurred. Determining the value of the transaction, itself, will help decide if the transaction meets the criteria for an excess benefit transaction.

a. In general, excess benefit transactions involve the transfer of property or

payments for services.

b. If the issue is property (including the right to use property), Treas. Reg.

53.4958-4(b)(1)(i) notes that the value is fair market value for purposes of Section 4958.

c. If the issue is compensation, the value is the amount that would ordinarily be

paid for like services by like enterprises under like circumstances, otherwise

56

known as “reasonable compensation.” Section 162 standards apply in determining reasonableness of compensation. See Treas. Reg. 53.49584(b)(1)(ii)(A).

(2) To determine a property’s fair market value, the examiner may want to consider a

referral to Engineering. Request Engineering help as early in the issue development as possible. See IRM 4.70.16.4, Requesting Technical Assistance from Specialists (or its successor).

(3) To determine if an excess benefit transaction has occurred, take into account all

consideration and benefits exchanged between a disqualified person and the ATEO as well as any entities it controls. However, generally economic benefits that are excluded from income under Section 132 are disregarded for purposes of Section 4958. See Treas. Reg. 53.4958-4(a)(4).

(4) Examples of economic benefits included in determining the value of services

rendered and whether the compensation is reasonable are:

a. Cash and non-cash compensation (salary, fees, bonuses, severance

payments, deferred compensation)

b. Payment of liability insurance premiums

c. Other payments on behalf of the disqualified person (penalties, tax

expenses, civil proceeding expenses, expenses resulting from an act or failure to act)

d. Other compensatory benefits (expense allowances or reimbursements paid

under a non-accountable plan, such as travel or auto expenses)

e. Foregone or below-market interest on loans

See Treas. Reg. 53.4958-4(b)(1)(ii)(b).

Get a plain-English answer with a citation back to this text.

Ask AI about this code
▸Contents — 0224 Publ 5835 (PDF)

GoCodebook provides public access, search, citation, multilingual explanation, and practical interpretation of legally adopted building regulations. It is not a substitute for the official ICC or California code publications.