Executive Compensation

Severance Benefits May Risk 'Performance-Based' Status

, New York Law Journal

Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, discusses the new position of the IRS that guaranteeing bonus and other incentive awards upon terminations without cause and terminations for good reason can disqualify the incentive compensation for the performance-based plan exception under Section 162(m) of the Internal Revenue Code.

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