Navigating Section 409A Nonqualified Deferred Compensation Taxes and Audits: Challenges for Employers and Employees
A live 90-minute premium CLE/CPE video webinar with interactive Q&A
This CLE/CPE course will provide program attendees with a detailed analysis of the tax implications of nonqualified deferred compensation under Section 409A of the Internal Revenue Code. The panel will discuss the background of Section 409A, basic Section 409A rules, definitions and exceptions, the initial and subsequent deferral election rules, the six-month delay requirement, the plan aggregation rules, penalties and corrections under Section 409A, common Section 409A pitfalls, and other issues under Section 409A (including those that frequently arise in the context of M&A transactions).
Outline
- Background of Section 409A
- Basic Rules and Exceptions
- Penalties and Corrections
- Practical Issues and Specific Rules
- Common Pitfalls and Questions
- Common Section 409A Issues in M&A
Benefits
The panel will discuss these and other key issues:
- What is a nonqualified deferred compensation plan?
- What is the impact of being subject to Section 409A?
- What are common exceptions to Section 409A?
- When does the six-month delay requirement apply?
- How common are audits relating to Section 409A?
- What kind of voluntary correction programs are available under Section 409A?
Faculty
Shalom D. Huber
Partner
Skadden Arps Slate Meagher & Flom
Mr. Huber regularly advises clients on the design and implementation of compensation and benefits arrangements,... | Read More
Mr. Huber regularly advises clients on the design and implementation of compensation and benefits arrangements, including employment and severance agreements; consulting arrangements; retention, severance and change-in-control plans; cash and equity-based incentive compensation plans; and nonqualified deferred compensation plans. In addition, he frequently advises clients regarding the tax rules relating to deferred compensation, the excise tax on “golden parachute” payments and the limits on deductibility of executive compensation. He also advises on the SEC rules governing executive compensation disclosure, including annual proxy disclosure and periodic reports, as well as on various ESG-related issues.
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Michael A. Wiseman
Partner
Skadden, Arps, Slate, Meagher & Flom
Mr. Wiseman counsels companies, boards of directors, independent and compensation committees, executive management... | Read More
Mr. Wiseman counsels companies, boards of directors, independent and compensation committees, executive management teams and members of management on executive compensation matters that arise in the ordinary course of business and with respect to extraordinary events, including leadership transitions. He also regularly provides tax planning advice with respect to Internal Revenue Code Sections 409A and 162(m), as well as the excise tax on “golden parachute” payments under Sections 280G and 4999 and related sections. In addition, Mr. Wiseman assists clients with the design and implementation of equity- and cash-based incentive plans and awards, profit and capital interest participation in partnership and LLC arrangements, and executive and nonexecutive employment, severance, retention and change-in-control programs and agreements. He also frequently advises clients regarding SEC rules governing compensation- and benefits-related disclosures, equity-related registration requirements, and exemptions and compliance with related rules under NYSE and Nasdaq listing standards.
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Cannot Attend February 11?
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.