Posted: 2/25/2008

In addition to focusing on rules governing performance-based compensation under Section 409A of the tax code, this article also takes into account a recent Internal Revenue Service private letter ruling that may undermine the validity of performance-based compensation arrangements subject to Section 162(m) that are commonly found at many public companies.  The authors also review Section 409A transition relief available during 2008 that allows employees to make deferral elections on a more liberal basis.

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