As we approach the end of the year, companies need to be mindful that their ability to correct documentary failures of Section 409A with little or no adverse tax consequences is rapidly closing and that new executive compensation reporting requirements will be required in the upcoming year, pursuant to the Dodd-Frank Act.

These issues, and more, will be discussed in detail at our upcoming Breakfast Briefing to be held in our San Francisco office....

Notice 2010-6

Notice 2010-6 (the “Notice”) lays out the new IRS corrections program, which allows taxpayers to correct documentary violations contained in nonqualified deferred compensation plans. The Notice provides helpful guidance on key areas of concern, including, but not limited to, the following...