Deferred compensation arrangements can take on varied forms. This webinar will begin with an overview of common deferred compensation arrangements, including equity and equity-based arrangements. It will then review the federal and state tax consequences associated with these types of arrangements, including the effect of Code Sections 83, 280G, 409A, and 4960.
Publication Date: July 2021
Topics Covered
- Overview of common deferred compensation arrangements
- Equity and equity-based arrangements
- Incentive Stock Options
- Review the federal and state tax consequences associated with these types of arrangements
- The effect of Code Sections 83, 280G, 409A, and 4960
- Restricted Stock
- New York State (and City) Taxation of Deferred Compensation
Learning Objectives
- Recognize the common deferred compensation arrangements
- Identify the federal and state tax consequences associated with these types of arrangements
- Recognize which type of equity represents a contractual right to receive consideration upon a specified payment event equal to the value (or appreciation in value) in a hypothetical number of shares
- Identify which referenced state is an all-or-nothing proposition with respect to residency
Level
Basic
Instructional Method
Self-Study
NASBA Field of Study
Taxes (2 hours)
Program Prerequisites
None
Advance Preparation
None
Instructors
Hodgson Russ LLP
Hodgson Russ has approximately 200 attorneys in offices in Albany, Buffalo, New York City, Rochester and Saratoga Springs, New York; Hackensack, New Jersey; Palm Beach, Florida, and Toronto, Canada.
We serve a wide range of clients, from multinational and privately held corporations to nonprofit organizations, governmental entities, and individuals. Our attorneys practice in every major area of law and use multidisciplinary work teams to serve the specific, often complex, needs of our clients.
Ryan M. Murphy
Ryan concentrates his practice in the area of employee benefits, with particular focus on qualified retirement plans and nonqualified deferred compensation plans. His practice includes drafting and reviewing plan documents, assisting clients in the administration of benefit plans, reviewing services agreements with plan service providers, preparing submissions under IRS and U.S. Department of Labor
correction programs, and advising clients on reporting and disclosure obligations.
Every month, Ryan and fellow Employee Benefits attorneys compile an Employee
Benefits newsletter to highlight important changes and amendments throughout the industry. The monthly newsletters can be found in the Publications section of the Hodgson Russ website.
Amy P. Walters
Amy has over 20 years of experience advising employers regarding all aspects of retirement, welfare and executive compensation legal compliance. She advises private companies, non-profits and governmental entities concerning the formation, design and operation of qualified retirement plans, 403(b) and 457 plans, welfare benefit plans and executive compensation arrangements.
She assists clients with a variety of complex regulatory compliance and taxation issues, including resolving voluntary compliance, prohibited transaction and plan examination matters before the IRS and DOL. A major focus of Amy's practice emphasizes advising clients on a proactive approach to comprehensive ERISA fiduciary compliance.
Amy has substantial experience representing buyers and sellers in transactions and addressing post-transaction issues related to the merger, transition and integration of employee benefit plans.
In addition, Amy is a member of the firm’s Canada-U.S. Cross-Border practice and routinely advises Canadian companies regarding U.S. employee benefits compliance matters.
Every month, Amy and fellow Employee Benefits attorneys compile an Employee Benefits newsletter to highlight important changes and amendments throughout the industry. The monthly newsletters can be found in the Publications section of the Hodgson Russ website.
Andrew W. Wright
Andrew focuses his practice on state and local tax matters. In particular, Andrew manages many different types of tax matters before the New York State Department of Taxation and Finance and New York City Department of Finance from audit through appeal, with a particular focus on New York residency audits. Andrew handles personal income tax, sales tax, and corporate franchise tax matters, including successful appeals regarding qualification for Empire Zone tax credits. Andrew also handles multistate tax matters for New York businesses, including state-level voluntary disclosure projects and audits of New York businesses doing business in other states.
Andrew has significant experience in 548-day rule audits and tax planning. He has successfully helped many clients plan for, execute, and defend on audit, 548-day rule strategies which resulted in nonresident status in New York. Clients he assists include: US expatriates living abroad for employment, those wishing to change their residency to a foreign country, and New Yorkers wishing to minimize State and/or City tax on discrete liquidity events.
Finally, Andrew is heavily involved in the area of multistate tax compliance for cross-border businesses. In conjunction with appropriate federal and international tax planning, Andrew advises on U.S. state and local tax compliance issues to identify tax liability and risk concerns for cross-border businesses. Once the compliance issues are identified, Andrew works with these businesses to resolve past compliance issues and ensure compliance on a go-forward basis.