Gain an understanding of when an employer may take a tax deduction for an annual bonus and deferred compensation payments.
Many employers do not fully understand all of the events and timing considerations that impact when an annual bonus or deferred compensation payment to a service provider may be deducted by the employer. Additionally, employers often struggle with determining which entity is entitled to the tax deduction for compensation paid to service providers upon a merger or acquisition. Finally, employers typically have questions with respect to the impact of 162(m) and how to apply the rules in certain circumstances. This topic helps employers determine when an annual bonus payment or payment of deferred compensation to a service provider may be deducted and understand each of the determining factors. The material also explains compensation issues typically encountered upon a merger or acquisition. Additionally, the material covers the latest guidance with respect to 162(m) and provides examples of how to apply the rules. Finally, the material addresses taxation and accounting methods for equity-based compensation.
Learning Objectives
- You will be able to identify Bonuses and Deferred Compensation characteristics
- You will be able to recognize the requirements of Equity-Based Compensation
- You will be able to identify the standards of Section 162(m)
- You will be able to recognize Mergers and Acquisitions best practices.
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Why Lorman?
Over 37 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
Deduction Timing of Annual Bonuses and Deferred Compensation
- General Rule
- Exceptions
- All Events Test
- IRS Guidance and Case Law
- Examples
Equity Compensation
- Taxation of Equity-Based Awards (Including Section 83(b) Elections)
- Accounting for Equity-Based Awards
- Examples
Section 162(m) Deduction Limitation
- Overview
- Latest Guidance
- Examples
Compensation in Special Circumstances (Termination, M&A, etc.)
- Overview
- Who Gets the Deduction
- Market Practices
- Examples
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Why Lorman?
Over 37 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 April 17, 2023.
Call 1-866-352-9540 for further credit information.
- AIPB 2.0
- This program is acceptable for 2.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.7
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.7 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- 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: 1.5 CLE credit(s).
- GA CLE 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- MO CLE 2.0
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.75
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 hours of CLE credit.
- NH MCLE 1.7
- 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: 101 Minutes.
- NM CLE 1.6
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.6 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 2.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 2.0 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 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".
- WV MCLE 2.0
- This program has been approved by the West Virginia State Bar MCLE Commission for 2.0 MCLE hours.
Enrolled Agents 2.0
- In accordance with the standards set forth in Circular 230 section 10.6, CE credits have been granted based on a 50-minute hour. This program qualifies for 2.0 Continuing Education Credit(s) for enrolled agents.
CPE/NASBA - QAS Self Study 2.6 including Taxes 2.6
- Noggin Guru, Inc. dba Lorman Education Services and BankersHub is registered with the National Association of State Boards of Accountancy (NASBA) as a QAS Self Study sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 2.6 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Taxes for 2.6 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: QAS Self Study. Please refer to the information in this advertisement for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
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.
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Why Lorman?
Over 37 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
Angela M. Stockbridge
Locke Lord LLP
- Associate, Locke Lord, LLP
- Practice emphasizes 409A compliance, equity compensation design, and retirement and welfare plan oversight
- Provides advice to both executives and employers on matters including change in control agreements, deferred compensation arrangements, all types of equity-based compensation plans, nonqualified deferred compensation design, qualified plan corrections and compliance advice, welfare plan administrative advice, and training related to fiduciary duties and HIPAA
- Experience with publicly traded and privately held companies across all benefits and executive compensation matters, including creation of change in control plans for executives, contract negotiations, claims & appeals, and benefits guidance throughout M&A activity
- Previous experience as in-house ERISA and executive compensation counsel for multiple Fortune 500 companies
- Admitted to practice in Texas
- J.D. degree, Cornell Law School; B.A. degree, University of Texas
- Can be contacted at [email protected] or 214-740-8402
Ryan Wells
Alvarez & Marsal
- Senior Director in the compensation and benefits practice at Alvarez & Marsal Tax
- 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
- Focuses on mergers and acquisitions (including golden parachute rules and due diligence of compensation arrangements), initial public offerings, and bankruptcy compensation
- Author and key contributor to several publications related to executive compensation
- Certified Public Accountant (CPA) licensed in Texas
- M.A. degree in professional accounting, The University of Texas at Austin; B.B.A. in accounting, The University of Texas at Austin
- Can be contacted at [email protected] or 940-704-6250
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Why Lorman?
Over 37 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.
All of your training, right here at Lorman.
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