• IRS Issues Guidance on 'Performance-Based' Exception of Internal Revenue Code Section 162(M)
  • September 14, 2018 | Author: Gregory Pun
  • Law Firm: Withers Bergman LLP - Greenwich Office
  • On August 21, 2018, the IRS issued Notice 2018-68 to provide guidance on the application of section 162(m) of the Internal Revenue Code. Section 162(m) limits the allowable deduction for a taxable year for any “applicable employee remuneration” paid by a publicly held corporation with respect to a covered employee. “Applicable employee remuneration” includes payments on a commission basis or qualified performance-based compensation. Specifically, section 162(m) disallows the deduction for any payment to the extent that it exceeds $1,000,000. The Notice explains how awards made on or prior to November 2, 2017 can continue to qualify for the “performance-based” exception, by giving guidance on the definition of covered employee and remuneration provided pursuant to a written binding contract.