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Employee Benefits › Fair Market Value

Goodwin

A Step Towards Guidance Instead of Regulation by Litigation in the ESOP Space

Goodwin on

Employee Stock Ownership Plans (ESOPs), their sponsors and participants, and other industry players will welcome the news announced by the ESOP Association on April 14, 2023, that the Department of Labor (DOL) has committed...more

Manatt, Phelps & Phillips, LLP

Pricing Private Company Stock Options to Avoid the Pitfalls of IRC 409A

Manatt, Phelps & Phillips, LLP on

The enactment of Internal Revenue Code (the “Code”) Section 409A has resulted in significant challenges for private companies that award employee stock options. Under the final Treasury regulations, stock options that are...more

Lowenstein Sandler LLP

“In-the-Money” or Discounted Stock Options: The Pros, Cons, and How to Avoid 409A Violations

Lowenstein Sandler LLP on

In this episode, the hosts discuss how companies can structure “in-the-money” stock options in order to avoid violating IRS rules governing non-qualified deferred compensation. They also address the benefits and potential...more

Jones Day

Interim Guidance from the Treasury Department on the 1% Corporate Stock Buyback Tax

Jones Day on

In Short - The Situation: A new nondeductible 1% excise tax imposed on certain stock repurchases (enacted as new section 4501 as part of the Inflation Reduction Act on August 12, 2022) (the "Stock Buy-back Excise Tax")...more

Groom Law Group, Chartered

Company Stock in Employee Benefit Plans May Reduce New Excise Tax on Buybacks

Groom Law Group, Chartered on

New Section 4501 of the Internal Revenue Code imposes a 1% excise tax on certain corporate stock repurchases or “corporate buybacks.” The new tax is imposed on the fair market value (“FMV”) of any stock repurchased by a...more

Polsinelli

ESOP Defendant Wins Partial Victory in Appeal to Fourth Circuit

Polsinelli on

The Fourth Circuit Court of Appeals has provided relief to a defendant who sold shares of company stock to an employee stock ownership plan (“ESOP”) by rejecting the district court’s legal conclusion concerning the...more

Holland & Knight LLP

IRS: Most Price Protection Payments Received by ESOP Participants Are Currently Taxable

Holland & Knight LLP on

The IRS Office of Chief Counsel on Dec. 20, 2019, released a so-called Generic Legal Advice Memorandum (GLAM) that had been issued to Division Counsel within the IRS Tax Exempt and Government Entities Division. A GLAM is not...more

Morrison & Foerster LLP

IRS Simplifies Section 83(b) Election Process

Morrison & Foerster LLP on

Under Section 83(b) of the Internal Revenue Code ("Section 83(b)"), a taxpayer who receives certain property subject to vesting as compensation for services (for example, a restricted stock award granted by the taxpayer's...more

Mintz - Employment Viewpoints

IRS Makes Filing an 83(b) Election Easier

Mintz - Employment Viewpoints on

On July 25, 2016, the IRS finalized regulations under Section 83 of the tax code that removes a procedural step in the process of filing an 83(b) election....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Reminds Employers Value of “Free” Parking May Be Taxable Fringe Benefit

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A recent Information Letter issued by the Internal Revenue Service (IRS) on the taxation of employer-provided parking, although noncontroversial, serves as a useful reminder that “free” parking for employees may result in...more

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