Employee Benefits Blog

Don’t Miss Short-Term Deferral Day

Section 409A, the provision of the Internal Revenue Code that regulates the time and form of payment of nonqualified deferred compensation, contains a helpful exception for “short-term deferrals.” Specifically, Section 409A provides that a payment will not be considered nonqualified deferred compensation if the employer makes the payment on or prior to the 15th day […]

March 4, 2015 | 2 min read | Tagged: 409A, equity-based compensation, Executive Compensation, Incentive Plans, nonqualified deferred compensation, Performance-Based Compensation, short-term deferral

Greg Gautam Partner

Public Companies Should Consider Shareholder Reapproval of Section 162(m) Performance Compensation Plans Approved in 2009

As reported in Part 1 of our End of Year Plan Sponsor “To Do” Lists, Section 162(m) of the Internal Revenue Code limits the deduction a public company may take for compensation payable to “covered employees” to $1,000,000 per year. “Performance-based compensation” that meets the requirements of Section 162(m) is not subject to this limitation. […]

January 20, 2014 | 1 min read | Tagged: Executive Compensation, Incentive Plans, Performance-Based Compensation, Public Company, Section 162(m)

Greg Gautam Partner