News & Analysis as of

Securities and Exchange Commission (SEC) Deduction Limitations

Locke Lord LLP

Holiday Stocking Stuffer: IRS Issues Proposed Regulations Under Code Section 162(m)

Locke Lord LLP on

On December 16, 2019, the Treasury Department released proposed regulations (the “Proposed Regulations”) to address the amendments made to Code Section 162(m) by the Tax Cuts and Jobs Act (the “Amendment”). As background,...more

Morrison & Foerster LLP

IRS Widens Scope Of Section 162(m) Deduction Limit

Morrison & Foerster LLP on

Section 162(m) of the Internal Revenue Code (the “Code”) caps at $1 million a year a public corporation’s tax deduction for compensation paid to each of certain executive officers. As originally implemented, the regulations...more

Kelley Drye & Warren LLP

IRS Releases Initial 162(m) Guidance

IRC §162(m) limits a publicly held corporation’s ability to take a tax deduction for compensation paid to covered employees in excess of $1 million. As mentioned in our January 2018 Client Advisory, the Tax Cuts and Jobs Act...more

Sherman & Howard L.L.C.

IRS Issues Initial Guidance On Amended Code Section 162(m), Including Grandfathering Rules

The IRS recently released Notice 2018-68, providing long-awaited initial guidance on amendments made to Section 162(m) of the Internal Revenue Code by the Tax Cuts and Jobs Act of 2017 (TCJA). While the Notice only addressed...more

McGuireWoods LLP

IRS Releases New Guidance on Section 162(m) Covered Employees and Grandfathering Rules

McGuireWoods LLP on

The IRS recently released guidance regarding the 2017 Tax Act amendments to Section 162(m) of the Internal Revenue Code, which generally apply to taxable years beginning or after Jan. 1, 2018. IRS Notice 2018-68 provides...more

Kilpatrick

Initial Post-Tax Reform 162(m) Guidance Issued – A Reasonable Grandfather and a Covered Employee Surprise

Kilpatrick on

On August 21, 2018, Treasury and IRS released Notice 2018-68, their initial guidance on the application of Code section 162(m) after Tax Reform (including the operation of the grandfather provision for compensation required...more

WilmerHale

IRS Issues Guidance on the Applicability of Section 162(m) to CFO Compensation

WilmerHale on

Summary: The IRS recently informally revised its guidance regarding which officers of public companies must be considered when determining the compensation deduction limitation of Section 162(m) of the Internal Revenue Code...more

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