Employers are discovering after more than two years of experience with the operational and document correction programs under Section 409A that there are limits that may apply as to whether and when Section 409A failures may be corrected. Employers are also discovering that if failures are not promptly corrected employees' entire benefits may be subject to additional taxes under Section 409A.
This 90-minute program is intended to help companies navigate the correction programs under Section 409A and to encourage early identification and correction of failures.
Join Jeffrey Kroh, Groom Law Group, and Keith Ranta, Attorney Advisor, IRS Office of Chief Counsel, Tax Exempt and Government Entities, Executive Compensation Branch, as they discuss practical solutions and useful tips with respect to correcting several common 409A failures, including:
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Jeffrey Kroh, Groom Law Group; Keith Ranta, Attorney Advisor, IRS Office of Chief Counsel, Tax Exempt and Government Entities, Executive Compensation Branch
Jeffrey W. Kroh is a principal at Groom Law Group, Chartered and works in the firm's Executive Compensation and Plan Design and Taxation practice groups. His practice focuses on counseling plan sponsors and financial institutions regarding the design, drafting and administration of equity compensation plans, executive deferred compensation plans, and qualified retirement plans.
For many years, he has worked extensively on a broad range of executive compensation issues involving stock incentive plans, traditional deferred compensation plans, supplemental executive retirement plans (SERPs), annual and long-term bonus plans, change in control agreements, severance plans and programs, and employment agreements. Mr. Kroh's work and experience in this area often includes advising clients with respect to Internal Revenue Code §§ 83, 162(m), 409A, 457(f), 457A and 3121(v), ERISA, and other rules relating to TARP, "top-hat" plans and rabbi trusts.
Mr. Kroh has spoken at various educational conferences and webinars, including events sponsored by NASPP, BNA, Plan Adviser and Plan Sponsor, and he is an adjunct professor in Georgetown Law School's LL.M. program. Mr. Kroh is a member of the District of Columbia and Pennsylvania bar associations, and he received his B.S. from Bucknell University, and J.D. from Villanova University School of Law.
Keith Ranta is an Attorney Advisor in the Executive Compensation Branch, Tax Exempt and Government Entities, Office of Chief Counsel at the Internal Revenue Service. Keith received his B.S. from Cornell University, and his J.D. from Georgetown University Law Center. He is admitted to the bar in the District of Columbia and Massachusetts. Keith joined the Office of Chief Counsel in July, 2009, following several years in private practice in the area of executive compensation and employee benefits.