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IRS Issues Surprise 162(m) Ruling by Randy L. Gegelman
Lisa R. Pugh
Faegre & Benson LLP
Minneapolis Office
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April 22, 2008
Previously published on February 2008
"Performance-based compensation" is exempt from the $1 million deduction limit of Section 162(m) of the Internal Revenue Code -- simple enough. But what if the performance contingency associated with an incentive plan is watered down? Could that taint a bonus paid under the plan, even when the contingency is met?
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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