Tag Archives: Internal Revenue Service (IRS)

Good News! New 409A Regulations (Yes, Really!) – Part 4: Getting Paid

On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line, “Good news, everyone!”  Of […]

Posted in 409A, Deferred Compensation, Employment Agreements, Equity Compensation, Executive Compensation, Legal Updates, Plan Administration and Compliance | Tagged , , | Leave a comment

Good News! New 409A Regulations (Yes, Really!) – Part 3: Don’t Fear the (409A) Reaper

On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line, “Good news, everyone!”  Of […]

Posted in 409A, Deferred Compensation, Employment Agreements, Equity Compensation, Executive Compensation, Legal Updates, Plan Administration and Compliance | Tagged , , | Leave a comment

Cautionary Observations from the Proposed 457 Regulations

After more than nine years of deliberations, the IRS has finally released proposed regulations governing all types of deferred compensation plans maintained by non-profit organizations and governmental entities. In issuing these regulations, the IRS reiterates its long-standing theme that these […]

Posted in Deferred Compensation, Employment Agreements, Executive Compensation, Governmental Plans, Legal Updates | Tagged , , , , | Leave a comment

Good News! New 409A Regulations (Yes, Really!) – Part 2: Taking (and Giving) Stock

On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line, “Good news, everyone!”  Of […]

Posted in 409A, Equity Compensation, Executive Compensation, Legal Updates, Plan Administration and Compliance | Tagged , , | Leave a comment

Good News! New 409A Regulations (Yes, Really!) – Part 1: Firing Squad

On the TV show Futurama, the aged proprietor of the delivery company Planet Express, Professor Hubert J. Farnsworth, had a habit of entering a room where the other characters were gathered and sharing his trademark line, “Good news, everyone!”  Of […]

Posted in 409A, Commentary/Opinions/Views, Executive Compensation, Legal Updates | Tagged , , , , | Leave a comment

IRS Issues Clarification on Phased Retirement Payments

Typically, when a participant receives annuity payments from a defined benefit pension plan where he or she has a basis in the benefit (what Code Section 72 calls an “investment in the contract”), a portion of the payment is treated […]

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New IRS Memo Confirms Tax Treatment of Wellness Programs & Incentives

In a recently released IRS Chief Counsel Memo, the IRS confirmed that wellness incentives are generally taxable. The memo also, indirectly, confirmed the tax treatment of wellness programs more generally. As to the incentives, the IRS held that a cash […]

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IRS Stamp of Approval for PEOs

Small businesses struggling to maintain compliance with the constant flow of regulations impacting human resources and benefits compliance have increasingly turned to professional employer organizations (“PEOs”) to serve as payroll agent or, in some circumstances, co-employer of their employees.  On […]

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New ACA, et. al. FAQs Cover Items From “Top” to “Bottom”

On April 20, the “Big Three” agencies (DOL, Treasury/IRS, and HHS) released another set of FAQs (the 31st, for those of you counting at home). Consistent with earlier FAQs, the new FAQs cover a broad range of items under the […]

Posted in Health Care Reform, Health Plans, Legal Updates, Plan Administration and Compliance, Welfare Plans | Tagged , , , , , | Leave a comment

Undermining the Goal of Expanding Coverage for Nonhighly Compensated Employees

One might be led to believe that the current administration is in favor of expanding retirement savings opportunities. After all, the DOL has somewhat apologetically subverted ERISA to allow the States to sponsor employer-based savings plans.  And the President’s recently […]

Posted in Commentary/Opinions/Views, Plan Administration and Compliance, Qualified Plans, Tax-qualified Retirement Plans | Tagged , , | 2 Comments