Pa. Supreme Court will weigh in on Pottstown Hospital property tax exemption

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The case sets the stage for a potential landmark Pa. Supreme Court decision on how nonprofits are allowed to pay executives while keeping their lucrative property tax exemptions.

The Pennsylvania Supreme Court said Monday it will hear an appeal of a Commonwealth Court decision that said Tower Health's Pottstown Hospital was not eligible for property tax exemption because too much executive compensation was tied to financial performance.The Pennsylvania Supreme Court said Monday it will weigh in on to what extent nonprofit hospitals can reward executives for profits and still qualify for local property tax exemptions.

that has governed how Pennsylvania nonprofits are allowed to financially incentivize executives while continuing to qualify for property tax exemptions.Tower Health said bonus plans are common in the nonprofit sector and described the At stake for the school district and Pottstown Borough is a little over $1 million. “We anticipated that this might happen and are looking forward to a decision from the court that will get us close to a final resolution,” Pottstown School District spokesperson John Armato said in an interview.Carl S. Primavera, a senior partner at Philadelphia law firm Klehr Harrison Harvey Branzburg LLP who specializes in real estate but is not involved in this case.

What’s not clear is how much emphasis nonprofit boards are allowed to put on profitability and other financial measures when crafting pay packages for their CEOs and other executives.that Pottstown Hospital qualified for the exemptions, even as he described the pay of former CEO Clint Matthews as “eye-popping.” Saltz bemoaned the vague guidance offered by appeals courts.

 

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