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COURSE DESCRIPTION: Imagine this: You need to go into your
CEO’s office and say, “Boss, I just found out that
you’re subject to a 20% excise tax on your
nonqualified deferred compensation.”
This nightmare scenario may have become a reality
for many because of the new Internal Revenue Code
Section 409A, the biggest change in the executive
compensation world in years. Learn how to avoid
this situation – or correct it, if in fact Section
409A errors have occurred.
Section 409A requires
compliance with strict design and operational
guidelines. Failure to comply could result in
significant federal income tax consequences to your key
executives.
With plan documentary
compliance now required for all nonqualified deferred
compensation, ensure your plans and agreements comply
with Section 409A. Now’s the time to learn what
your Section 409A and tax reporting obligations are
going forward, as well as the best way to structure your
new incentive compensation to energize your workforce.
It’s also the time to learn how to structure
your employment and severance obligations to be exempt
from 409A.
In this 60-minute session
you’ll learn how to identify the plans and agreements
subject to Section 409A, spot problematic provisions and
ensure your plans and agreements are operated in
compliance. You’ll also learn what to do to
address Section 409A errors and how to coordinate
compliance in the years to come.
In this audio conference,
you’ll learn:
- How
to identify which plans and agreements need to
comply with Section 409A
- What
to do if you fall into non-compliance and how to
correct Section 409A operational violations
- The
impact of Section 409A on Employment and Severance
Agreements and how to structure these agreements to
avoid having to comply with the new regulations
- New
rules with respect to timing of severance pay
conditioned upon a release of claims
- Exemptions
from application of 409A for Good Reason
terminations
- The
implications Section 409A has on bonus plans
- Timing
of payments under nonqualified deferred compensation
plans (and additional limitations on certain
employees of public companies)
- What
Section 409A means to equity incentive plans
- Fair
Market Value determinations for private companies (a
huge practical issue, with ongoing cost
ramifications)
- Reporting
(W-2) requirements – what are your reporting
obligations with respect to nonqualified deferred
compensation
- Action
items to keep you in compliance
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