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New IRC Section 162(m) Checklist

By Randi Morrison posted 11-01-2018 09:09 PM

  

Wachtell Lipton's "One-Year Checkup for the New Section 162(m)" includes a checklist of practical tips and reminders for optimizing the company's position under IRC §162(m), as amended under the Tax Cuts & Jobs Act and pursuant to the recently-issued IRS transition guidance (reported on here). The memo includes sound record-keeping, compensation planning, and governance suggestions for the new regime including, e.g., reassessing "executive officer" designations, and retaining §162(m)-related questions in D&O questionnaires and a committee of "outside directors" for grandfathered arrangements.

          See also our prior reports: "Tax Act Changes to IRC §162(m): Pay Plan Design & Process/Procedure Implications," "Vanguard Speaks on Pay Ratio, IRC 162(m) & Much More!", "ISS Speaks on Tax Act Repeal of §162(m) Performance Pay Exception," "Tax Law-Triggered Change in §162(m) Warrants Fresh Look at Pay Mix," and "New §162(m): What to Do (and Not Do) Now" (and other §162(m)-focused reports in this section), and additional information and resources here. This post first appeared in this week's Society Alert!

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