Understand the general categories of executives to which section 280G applies and the methods available to reduce or eliminate exposure.
Under the Internal Revenue Code (IRC), corporations that make excess parachute payments lose significant tax deductions, and the recipient is subject to a 20 percent excise tax on such excess payments. Additionally, excess parachute payments can further limit the deductibility of other compensation paid by the corporation. This presentation will help the audience gain knowledge of the rules and assess the tax impact on corporations and employees when golden parachutes are triggered by a change in control of the employer. The live webinar also explains various issues that corporations should keep in mind when applying mitigation techniques prior to or after the change in control.
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Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Is Section 280G
- Overview
- Payments/Benefits Covered by the Golden Parachute Rules
- Tax Implications
Golden Parachute Rules - Section 280G
- Base Amount
- 3X Base Amount (Safe Harbor)
- Parachute Payments
- Excess Parachute Payments
Section 280G Exemptions
- Small Business Corporation
- Tax Exempt Entity
- Non-Public Corporation With Shareholder Approval
Section 280G Mitigation Concepts
- Base Amount Planning
- Reasonable Compensation Prior to the Cic
- Reasonable Compensation After the Cic
Other M&A Compensation Issues
- Earnouts
- Adjusting Stock Options Upon a Transaction
- Impact on Tax Deduction
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 29, 2024.
Call 1-866-352-9540 for further credit information.
- AIPB 1.0
- This program is acceptable for 1.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
- CPP/FPC
- Lorman Education Services is an approved provider through PayrollOrg (PAYO). This program is approved for 1.0 RCHs.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 61 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Riley Dinh
Alvarez & Marsal
- Senior associate in the compensation and benefits practice at Alvarez & Marsal Taxand
- Practice emphasizes all aspects of executive compensation and employee benefits
- Helps companies tackle how to effectively and efficiently pay, incentivize, and retain their employees
- Works with companies to design and benchmark annual bonus and long-term incentive compensation programs, all while considering the applicable tax, accounting, and other regulatory ramifications
- Certified Public Accountant (CPA) licensed in Texas
- LL.M. degree, International and Comparative, SMU Dedman School of Law; M.S. degree in accounting, SMU Cox School of Business; B.B.A. in accounting, SMU Cox School of Business
Matthew Porter
Alvarez & Marsal
- Director in the Dallas office of Alvarez & Marsal
- Practice centers around complex tax, regulatory, and corporate governance issues related to executive compensation with a particular emphasis on corporate restructuring/turnaround (including the development and defense of Key Employee Incentive and Retention Plans) and M&A (including the application of Section 280G to ‘golden parachute payments’)
- Presents on executive compensation and benefits issues with a focus on the design and implementation of executive compensation programs at public and private companies
- Editor of Alvarez & Marsal’s annual Energy Compensation Report and bi-annual Change In Control Compensation Report
- Licensed attorney, member of the State Bar of Texas, executive committee member of the Dallas Bar Association’s Compensation and Benefits Section, Certified Executive Compensation Professional (CECP) through the World at Work organization, and a member of the North Texas Compensation Association (NTCA)
- J.D. degree, University of Chicago; B.B.A. degree in finance and B.A. degree in economics, magna cum laude, Texas Tech University
- Can be contacted at [email protected] or 214-438-1070
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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