What Every Attorney Needs to Know about Non-Qualified Deferred Compensation

For Video Player Technical Assistance, please contact SeminarWeb at 737-201-2059 or support@seminarweb.com.

What Every Attorney Needs to Know about Non-Qualified Deferred Compensation

Program originally presented Tuesday, May 10, 2022

Attorneys who draft employment, compensation and separation agreements know that the tax code has a fascinating set of rules under section 409A that must be considered whenever compensation is “deferred” and have developed practically perfect standard language over many years of practice. Clients, however, have a way of suggesting their own tweaks that could cause the most carefully crafted language to create unintended tax consequences, including acceleration of income and a 20% additional tax that may impact key personnel. There are also tax rules on deferred compensation that can cause a non-profit to be subject to a significant tax on certain payments of deferred compensation. How can the tax attorney, transactions counsel, or L&E attorney spot issues when reviewing an outside document or a client’s wish list of changes?
 
This program will focus on raising awareness of terms that often warrant further questions.  In that context, our panel will address:
  • 409A basics, exemptions, and correction principles
  • Equity-based compensation issues under 409A
  • Securities rules that come into play in deferred compensation
  • Post-employment health benefit commitments
  • Key issues in non-profit deferred compensation under sections 457(b) and 457(f)
  • The 4960 tax on non-profits for excess deferred compensation

This CLE course will provide employee benefits counsel and advisers with a review of regulations under 409A, tax rules considerations, and issue spotting strategies.

Moderator:
Nancy Wasch, Esq.
Wasch & Ritson LLC 
Co-Chair, Employee Benefits Committee

Panelists:

Andrew H. Braid, Esq.
Partner, Dechert, LLP

Timothy B. Collins, Esq.
Partner, Duane Morris, LLP

Peter Gulia, Esq.
Fiduciary Guidance Counsel
Philadelphia

Melissa B. Rasman, Esq.
Korn Ferry

Michael J. Shapson, Esq.
PricewaterhouseCoopers, LLP

Stephanie S. Vogel, Esq.
Dilworth Paxson LLP

Matthew I. Whitehorn, Esq.
Dilworth Paxson LLP
Co-Chair, Employee Benefits Committee

0039ODV