409A Dismay

Dismay over IRS regulations relating to deferred compensation (and other similar items of dismay)

Wednesday, November 13, 2013

California Reduces 409A Shadow Tax

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I n a rare piece of good news relating to Section 409A of the Internal Revenue Code, on October 4, 2013, California reduced its additi...
8 comments:
Wednesday, March 13, 2013

IRS Prevails in Court Case: Discounted Options Subject to 409A

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From Benefits Notes Blog: "I also found the case interesting because of the time periods involved and the role of the taxpayers in t...
2 comments:
Tuesday, March 5, 2013

California 409A "Double Tax" May Violate State Constitution

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Article indicates that tax was not approved by Legislative Super Majority. See Law Review Article Here
3 comments:
Thursday, December 27, 2012

The Tracking Rule -- 409A Train Keep a Rollin'

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An explanation of the 409A Tracking Rule (and a suggestion that pre-wiring a plan under 409A may avoid the five-year limitation on tracki...
4 comments:
Monday, November 26, 2012

Skadden Arps: Accelerate Compensation into 2012 to Avoid Tax Increase

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Accordingly to executive compensation lawyers, some executives may wish to consider accelerating compensation so that it is received in 2012...
4 comments:
Monday, October 29, 2012

Exec Comp "Armegeddon" for Public Corps

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From Melbinger Exec Comp Blog: "Imagine a lawsuit brought in the weeks leading up to your company's annual shareholders' mee...
1 comment:
Wednesday, September 19, 2012

Firm says: "More 409A Headaches"

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More 409A headaches: Existing arrangements containing employment release provisions may need to be amended before year-end for Section 409...
4 comments:
Thursday, June 28, 2012

IRS Not Enforcing Bad Options - Yet

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From Teknos... No Sign of IRS Enforcement – Yet No one has seen any sign of the IRS moving to enforce the few provisions of IRC 409A which...
4 comments:
Monday, April 30, 2012

409A Changed the Way Business is Done in Hollywood

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Causing "chaos." " No more advances." No more "re-negotiations." Article from Venable Law Firm, here.
3 comments:
Wednesday, March 21, 2012

IRS Turns to 409A to Analyze Pension Retirement Tax Issues

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A multiemployer pension plan, in an effort to permit employees to “retire” under an early retirement benefit before that benefit was elimina...
1 comment:
Wednesday, February 29, 2012

New App Brings Code and Regs to your Smart Phone

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At long last, here is the link for bringing the Code and the Regs to your smartphone or tablet.
1 comment:
Tuesday, February 14, 2012

Prof. Polsky: 409A "Legislative Calamity"

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Gregg D. Polsky (North Carolina), Fixing Section 409A: Legislative and Administrative Options, 55 Vill. L. Rev. ___ (2012): This [article] ....
1 comment:
Tuesday, January 24, 2012

Constructive Receipt Effective, Appropriate; 409A "Micromanages" - Should be Repealed

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Article Here "To survive and thrive, businesses need a regulatory system that is predictable and fair, but does not micromanage. Constr...
1 comment:
Wednesday, January 4, 2012

Going Concern Blog Says 409A is Tax Policy Scam

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Penalties for foot-faults insane; akin to shooting jaywalkers; ranked #2 on list of top tax policy scams. Article HERE
4 comments:
Friday, December 9, 2011

IRS Will "Clean Up" 409A

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Plans on using 457A regs to clean up 409A. Click Here. According to Sherman & Patterson: "A key IRS attor­ney said last week that ...
1 comment:
Wednesday, November 30, 2011

409A Tax Hits Income Earned Overseas

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Article by EisnerAmper Here
Wednesday, October 5, 2011

Attorney Barker Shares the Roadmap for 409A Corrections

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The secret recipe for 409A Corrections - HERE
1 comment:
Monday, September 5, 2011

Professor Lazar Urges Congress to Refrain from Regulating Executive Compensation

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Buffalo Law Review Here
Friday, August 19, 2011

IRS Focusing 409A Audits on Do-It-Yourself Valuations

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Article from Matt Armanino via AccountingToday.com
1 comment:
Sunday, August 14, 2011

3rd Circuit Affirms Strange 409A Case

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Plaintiff claimed imposing 409A 6-month-wait was illegal retaliation under the New Jersey Law Against Discrimination (LAD).
Friday, July 8, 2011

TV Show "Suits" Jokes about 409A

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Hat Tip to xtreme Erisa blog.
Friday, June 17, 2011

New Regs on Deferred Comp for Non-Profits and Government

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457(f) to be updated to in line with 409A Mintz Levin Article HERE Pillsbury Article HERE

Stockholder "Say On Pay" Initiatives Blocked by 409A

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409A Wreaks New Havoc "To illustrate the complexity of the interaction between Section 409A and corporate governance, let's say the...
4 comments:
Friday, June 3, 2011

Start-Up America Says: 409A Stymies Access to Talent and Gain Sharing

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The problem is that many regulations assume — or almost mandate — a traditional workaday paycheck relationship between company and labor. In...
Tuesday, May 24, 2011

Private Equity Investors Demanding Strict 409A Compliance and Indemnifications

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Article Here
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