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.”
By December 31st, this nightmare scenario may be a reality for many because of the new Internal Revenue Code Section 409A, the biggest change in the executive compensation world in years.
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 by year end, now is the time to review and revise your plans and agreements to be sure they comply with Section 409A. Now’s the time to learn what your Section 409A and tax reporting obligations are going forward.
In this 60-minute session you’ll learn how to identify the plans and agreements subject to Section 409A, spot problematic provisions and bring your plans and agreements into compliance. You’ll also learn what actions you must take by December 31, 2008 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
- 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
- Exemptions from application of 409A for Good Reason terminations
- The implications Section 409A will have on bonus plans
- Timing of payments under nonqualified deferred compensation plans (and additional limitations on certain employees of public companies)
- The special transition rule and your ability to change current elections during 2008 (last chance!)
- What Section 409A means to equity incentive plans
- Fair Market Value determinations for private companies (a huge practical issue, with cost ramifications)
- Plan documentary compliance requirements (by 12/31/08)
- Reporting (W-2) requirements - commencing with 2008 non-qualified deferred compensation
- What to do if you fall into non-compliance
- Action items to bring you, and keep you, in compliance
ABOUT THE SPEAKER: John A. Reade, Jr., a partner in the Duane Morris LLP Employee Benefits and Executive Compensation practice group, is recognized as an authority in the area of employee benefits. His background includes: Counseling and representing clients in the area of employee benefits, including executive compensation and severance agreements, qualified and nonqualified plans, health and welfare plans, ERISA litigation, employee benefits issues in corporate transactions, fiduciary related issues involving prohibited transactions and qualified plan advice and representation of clients before the DOL, IRS and PBGC.
John speaks frequently across the country on developments in employee benefits and executive compensation. He is a magna cum laude graduate of Syracuse University College of Law, where he was a member of the Syracuse University Law Review, and a magna cum laude graduate of Syracuse University.
MONEY-BACK GUARANTEE: We're so confident you'll get what you want out of this conference that we'll refund your full fee if you're not satisfied. It's risk-free.
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