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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, June 15, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.

  • BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).

$347.00
CLE
CPE
ALL

This CLE/CPE course will provide employee benefits counsel an in-depth analysis of key issues for structuring foreign employees' compensation plans. The panel will discuss designing cross-border employee compensation programs to maximize tax savings. The panel will also discuss compliance for foreign pension and compensation arrangements that cover U.S. taxpayer employees, inbound foreign employee compensation and taxation, granting incentives under U.S. plans to foreign employees, and other key considerations.

Faculty

James P. Klein
Senior Counsel
Pillsbury Winthrop Shaw Pittman LLP

Mr. Klein focuses his practice in the areas of executive compensation and benefits, and tax. He has broad experience servicing clients in the areas of employee benefits, retirement plans, insurance and in the international taxation of compensation and benefits, from the employee and employer perspective. He represents companies on U.S. and non-U.S. tax and labor issues and works with corporations in ensuring that their employee benefit plans comply with ERISA.

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Ekaterina Napalkova
Partner
Proskauer Rose LLP

Ms. Napalkova advises public and private companies, private investment funds, executives and boards on a broad range of compensation and employee benefits matters. Her practice includes the compensation and employee benefits aspects of mergers and acquisitions, reorganizations, spin-offs, initial public offerings, financings and other corporate transactions. Ms. Napalkova’s practice further focuses on advising clients across various industries on the negotiation, structuring and implementation of benefits and compensation plans and executive compensation arrangements; golden parachutes; securities reporting, registration and disclosure compliance; and corporate governance matters.

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Description

Structuring compensation plans can raise significant legal issues, considerations, and consequences for employers and executives, including tax, securities, corporate, and employment law, among others. The complexities of these legal issues significantly increase for multinational employers with plans that cover foreign executives who may become subject to U.S. tax laws and foreign plans that cover U.S. executives.

Counsel must prepare to anticipate and avoid pitfalls in the details when structuring compensation plans and executive employment agreements, including those addressing incentive pay and equity grants, for foreign employees. Special considerations must be given to foreign pensions and compensation that cover U.S. taxpayer employees.

Counsel must navigate issues stemming from various tax rules, inbound foreign compensation, subsidiaries outside of the U.S., and other challenges in designing multinational compensation programs and maximizing tax savings.

Listen as our panel reviews the various types of executive compensation and key challenges for foreign executives; techniques and considerations for negotiating severance provisions; best practices for drafting restrictive covenants; and more.

Outline

  1. Types of executive compensation: general overview
  2. Equity compensation: description, use, and tax consequences
  3. Deferred compensation: description, use, tax, and ERISA consequences
  4. Key considerations for employers in structuring deferred compensation
  5. Administrative challenges

Benefits

The panel will review these and other key issues:

  • What are the key considerations for employers in structuring deferred compensation plans for foreign employees?
  • What plan options are available?
  • What are the key tax provisions and considerations for equity compensation?
  • What are the key tax provisions and considerations for deferred compensation?
  • What are the administrative challenges and methods to overcome them?
  • Practical considerations, practice pointers, and tips for structuring, drafting, and implementing compensation

NASBA Details

Learning Objectives

After completing this course, you will be able to:

  • Discern the rules and regulations under the IRC and ERISA that apply to equity compensation and deferred compensation plans
  • Distinguish the circumstances under which one type of compensation is preferable to another
  • Recognize how to structure equity compensation and deferred compensation plans to achieve intended legal and tax results

  • Field of Study: Taxes
  • Level of Knowledge: Intermediate
  • Advance Preparation: None
  • Teaching Method: Seminar/Lecture
  • Delivery Method: Group-Internet (via computer)
  • Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
  • Prerequisite: Three years+ business or public firm experience advising the business or clients on executive compensation matters, at mid-level within the organization, supervising other preparers/accountants. Specific knowledge and understanding of IRS rules and regulations applicable to executive compensation packages, including equity compensation and nonqualified deferred compensation. Familiarity with ERISA, Treasury Regulations and IRS guidance relevant to tax implications for executive compensation structures.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

IRS Approved Provider

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).