The Tax Cuts and Jobs Act: How It Will Impact Executive Compensation
On December 22, 2017, the Tax Cuts and Jobs Act (H.R. 1) passed both by the House and the Senate, was signed into law by President Trump. The Act, which is considered as a major tax reform in the U.S., modifies certain areas of executive compensation and employee benefits. The changes, which include Code Section 162(m) alterations, should be carefully evaluated by companies and their advisors as they consider and restructure their compensation programs for 2018.
In this LIVE Webcast, a panel of key thought leaders organized by The Knowledge Group will provide an overview to help the audience understand the critical elements of the Tax Cuts and Jobs Act and its effects on executive compensation. Speakers will also offer best practices in developing and implementing compliant executive compensation practices and benefit plans.
Key topics include:
- The Tax Cuts and Jobs Act – An Overview
- Changes to Executive Compensation
- Recent Developments
- Next Steps for Employers
- Best Compliance Practices
Mark D. Wincek, Partner
Kilpatrick Townsend & Stockton LLP
Todd B. Castleton, Counsel
Kilpatrick Townsend & Stockton LLP
J. Marc Fosse, Director
- Overview of the executive compensation changes in the Tax Cuts and Jobs Act
- Repeal of key exceptions to the $1 million cap in Section 162(m) – no free pass for performance-based compensation or compensation paid after termination
- 162(m) definitional Changes – “publicly held corporation” and “covered employee” – make 162(m) an issue for more companies and more executives
- Covered employee lookback issues; covered employee status beyond the grave; when does end-of-year executive officer status matter?
- The grandfather for 11/2/2017 written binding contracts – it could be less than you think, and maximizing what there is
- How much you can simplify your plans after the 162(m) changes – what ISS is saying
- Using nonqualified deferrals to increase compensation deductions following the repeal of key 162(m) exceptions
- New watch-outs in using end-of-year bonus pools to accelerate deductions
- New excise tax for tax exempt entities on compensation over $1 million
- How to implement a qualified equity grant plan under Code Section 83(i) and make an 83(i) election
- Effect of three-year holding period on carried interest to obtain capital gains treatment
- Do the changes to AMT make ISOs more attractive?
Who Should Attend:
- Labor and Employment Lawyers
- Employee Benefits & Compensation Lawyers
- Executive Compensation Advisors
- Human Resource Personnel
- Executive Board Members
- Labor Counsel
- Tax Professionals
- Other Related/Interested Professionals
For nearly two decades Marc has been providing practical solutions for clients on matters relating to all aspects of employee benefits. His current focus is primarily on tax, securities, corporate and accounting issues related to executive and equity compensation arrangements. He works with publicly traded, private, non-profit and government clients in the design, implementation and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. Marc also assists clients in drafting and negotiating executive employment, retention, change in control and severance agreements and programs. He regularly advises clients regarding handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings and other corporate transactions.
For nearly two decades Marc has been providing practical solutions for clients on matters relating to all aspects of employee …
MARK D. WINCEK is the leader of the Employee Benefits Practice Group of Kilpatrick Townsend. His practice concentrates on qualified plans, fiduciary matters and executive compensation, and it encompasses counseling, transactions and controversies. Mr. Wincek’s experience includes key roles in a number of well-known pension de-risking annuitization transactions. Mr. Wincek is the author of the chapter on “SERPs and Excess Plans” in the BNA Books Section 409A Handbook, and his list of professional publications includes dozens of articles on compensation and benefits issues. In addition, Mr. Wincek is a former Adjunct Professor of Law at Georgetown University Law Center and a member of the Tax Section of the American Bar Association, where he served as Chairman of the Statutory Welfare Benefits Subcommittee (1986-1990). From 1976 to 1981, Mr. Wincek was on the staff of the U.S. House Ways and Means Committee, serving as Senior Subcommittee Counsel to the Ways and Means Oversight Subcommittee in 1980 and 1981. Mr. Wincek has been listed since 2005 in Chambers USA: America’s Leading Business Lawyers for Employee Benefits & Executive Compensation Law, as a “Leading Individual (Employee Benefits)” and as a member of a highly ranked Washington benefits practice. He also has been listed in The Best Lawyers in America for Employee Benefits Law since 2005, and he is ranked as a “leading expert” in the Legal 500 (Employee Benefits and Executive Compensation). He has been repeatedly listed as a Corporate Counsel “Top Lawyer” and a Washington “Super Lawyer,” and he has been named to Super Lawyer’s list of the top 100 Washington attorneys (without regard to specialty). Based on an independent survey of Fortune 500 companies, Mr. Wincek was named to BTI’s Client Service All-Star Team. Mr. Wincek was recognized by Legal Media Group in its Guides to the World's Leading Labor and Employment Lawyers.
MARK D. WINCEK is the leader of the Employee Benefits Practice Group of Kilpatrick Townsend. His practice concentrates on qualified …
Todd B. Castleton is counsel with Kilpatrick Townsend & Stockton’s Employee Benefits Practice in the firm’s Washington, D.C. office, where he leads the Qualified Retirement Plans team. His practice focuses on the compliance and administration of qualified defined contribution and defined benefit retirement plans, nonqualified deferred compensation arrangements, and health and welfare plans. Todd partners with clients to accomplish solutions for effective and efficient employee benefit plan administration, to maintain the plans’ tax-preferred status under the Internal Revenue Code (IRC), to manage employee benefits issues in mergers and acquisitions, to comply with Titles I, II, and IV of the Employee Retirement Income Security Act (ERISA), and to implement the requirements of the Tax Cuts and Jobs Act of 2017 (Tax Reform) and the Patient Protection and Affordable Care Act of 2010 (Health Care Reform). He is a contributing editor of The 401(k) Plan Handbook, and formerly was contributing editor of the Guide to Assigning & Loaning Benefit Plan Money
Todd B. Castleton is counsel with Kilpatrick Townsend & Stockton’s Employee Benefits Practice in the firm’s Washington, D.C. office, where …
Print and review course materials
Method of Presentation:
On-demand Webcast; Group-Internet Based
Experience in employee benefits & compensation laws
NASBA Field of Study:
Taxes - Technical
NY Category of CLE Credit:
Areas of Professional Practice
1.5 CPE; 1.5 IRS-CE
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About Trucker Huss
Trucker Huss is the largest employee benefits specialty law firm headquartered on the West Coast. The firm’s in-depth knowledge and breadth of experience on all issues confronting benefit plans, plan sponsors, and plan fiduciaries translate into real-world, practical solutions for their clients—backed by the resources to handle the most complex or the most straightforward matters. For more information, visit https://www.truckerhuss.com/.
About Kilpatrick Townsend & Stockton LLP
Kilpatrick Townsend is a multi-practice international firm with more than 600 attorneys and professionals, with 20 offices in the United States and abroad. The firm provides clients with unsurpassed legal representation in the following areas:
- Employee Benefits, Labor & Employment: Counseling, transactions, administrative advocacy, and litigation
- Business and Finance: Including securities, mergers and acquisitions, tax, and commercial transactions
- Intellectual Property: The full complement of IP procurement, counseling, and litigation
- Construction and Infrastructure: All aspects of transactions and litigation
- Litigation: Including insurance recovery, environmental, and complex business litigation
Kilpatrick Townsend serves clients around the world from the firm’s offices in Alaska, California, Colorado, District of Columbia, Georgia, New York, North Carolina, Texas, Washington, Shanghai, Stockholm, and Tokyo. The firm is committed to learning and furthering the business and legal goals of its clients.