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Attorneys on both the executive side and the company side have an interest in drafting an employment agreement that minimizes negative tax consequences. Sections 409A or 280G of the Internal Revenue Code (the “Code”) can result in various negative tax consequences if certain compensation arrangements aren’t structured properly, including additional taxes owed by the individual and lost tax deductions for the company.
This program goes over some of the ways to draft an executive employment agreement in a way that avoids those negative tax consequences and highlights features that attorneys should be aware of that could implicate Code Section 409A or Code Section 280G.
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Most lawyers are aware of the high-profile cases in which attorneys were sanctioned or otherwise dis...