IRS Releases Revenue Ruling 2008-13 Adopting Position That Performance Based Compensation Is Non-Excludible Under 162(m) If ...

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Update to our Client Alerts of February 8, 2008 and February 14, 2008:

On February 21, 2008, the IRS released Revenue Ruling 2008 13, confirming the position taken in PLR 200804004 that compensation intended to qualify as deductible performance based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986, as amended, will not qualify as such if the recipient?s employment agreement provides for payment of the performance compensation upon a termination of employment without cause or for good reason, even if the performance metrics applicable to such compensation are satisfied.

Please see full update for more information.

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Published In: Art, Entertainment & Sports Updates, General Business Updates, Labor & Employment Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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