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The Section 162(m) Grandfather and Negative Discretion
Sep 5, 2018
Are performance awards that are subject to negative discretion grandfathered out of amended Section 162(m)? Here's what Notice 2018-68 says about it and how the language in the notice is being interpreted. -
Transitioning to ASU 2018-07
Jul 16, 2018
ASU 2018-07 expands the scope of ASC 718 to cover awards issued to nonemployees. Six things you need to know about transitioning to the new standard. -
FASB Update on Awards to Nonemployees
Jul 10, 2018
In late June, the FASB issues ASU 2018-07, expanding the scope of ASC 718 to cover awards to nonemployees. Here are five things you need to know about it. -
Supreme Court: Railroad Company Stock Options Aren’t Taxable for RRTA Purposes
Jun 27, 2018
The U.S. Supreme Court rules that stock options issued to railroad company employees are not subject to tax for RRTA purposes (clarification added). -
Withholding Requirements for Non-US Directors
Jun 18, 2018
When nonemployee directors reside outside the United States, companies may have to withhold US federal income tax on compensation paid to them. -
Withholding for Outside Directors—Pennsylvania-Style
Jun 11, 2018
A new law in Pennsylvania could require companies to withhold PA personal income tax on compensation paid to nonresident outside directors and other nonemployees. -
Rule 701 Enforcement Action
May 21, 2018
It’s not often that Rule 701 makes the news, but it did earlier this year when the SEC brought an enforcement action over a private company’s failure to comply with the requirements of the rule. -
Use Caution When Modifying Options and Performance Awards
Apr 30, 2018
We all know that modifications to equity awards have consequences. At the moment, however, modifying outstanding stock options and performance awards might have more significant implications than is usually the case. -
Performance Awards and the ISS Burn Rate Calculation
Feb 26, 2018
For today’s blog entry, Barbara Baksa continues her series on ways to count performance award and takes a look at how performance awards are included in the ISS burn rate calculation.

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