Section 162(m) Isn't Bar to Nondeductible Pay If Business Needs Justified

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Nov. 14 — In the course of negotiating new contracts, renewals, exit packages and sign-on bonuses, executives don't want to be the poster child for excessive compensation, nor do companies want bad publicity surrounding their compensation programs, panelists said during a law conference session.

When tax code Section 162(m) was enacted in 1993, it wasn't to raise revenue but to modify the way in which public companies design executive compensation policy, said Henry I. Morgenbesser, a partner at Katzke & Morgenbesser LLP in New York.

Compensation today is performance-driven, he said.