State of Minnesota
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Attorney General
Lori Swanson


Minnesota Attorney General's Office

1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101

(651) 296-3353
(800) 657-3787

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Charities

2011 Changes in Minnesota Statutes Chapter 309

Minnesota Statutes section 309.53, Subd. 3(i) (2011)

The Minnesota Legislature amended Minnesota Statutes section 309.53, subd. 3 (2011) raising the compensation reporting threshold to $100,000 and amending the definition of “total compensation” to conform with the IRS Form 990.  Minnesota Statutes Section 309.53, subd. 3(i) now reads, in part:

(i) a list of the five highest paid directors, officers, and employees of the organization and its related organizations, as the term is defined by section 317A.011, subdivision 18, that receive total compensation of more than $100,000, together with the compensation paid to each.  For purposes of this subdivision, “compensation” is defined as the total amount reported on the Form W-2 (Box 5) or Form 1099-MISC (Box 7) issued by the organization and its related organizations to the individual.  The value of fringe benefits and deferred compensation paid by the charitable organization and all related organizations as that term is defined by section 317A.011, subdivision 18, shall also be reported as a separate item for each person whose compensation is required to be reported pursuant to this subdivision.

The amendment’s effective date is August 1, 2011.  As a result, the $100,000 compensation reporting threshold and the changes in calculating total compensation will apply to annual reports with due dates after August 1, 2011, including annual report with due dates after August 1, 2011, as a result of an extension request.