By: Angela M. Stockbridge On August 20, 2026, the Department of the Treasury and the Internal Revenue Service published a Notice of Proposed Rulemaking (REG-107855-25, RIN 1545-BR50) that would significantly modify the...
By: Angela M. Stockbridge This series has covered equity compensation, deferred compensation, Section 409A compliance, and the Section 280G golden parachute rules. In this installment, we turn to the contractual framework...
IRS Announces Automatic Exemption from Penalty Program: Penalty Relief Goes from Opt-In to Automatic
Jul 23, 2026
By Matthew E. Foreman and Joelle M. Vilinsky Introduction On July 8, 2026, the Internal Revenue Service (“IRS”) announced the Automatic Exemption from Penalty (“AEP”) program, which replaces the long-standing First...
By: Angela M. Stockbridge In earlier installments, we covered equity compensation, the 83(b) election, deferred compensation, and Section 409A compliance. Now we turn to Section 280G, a provision that can impose severe...
By: Angela M. Stockbridge In Parts 1 and 2, we covered stock options, restricted stock, RSUs, phantom stock, SARs, and the Section 83(b) election. In this installment, we examine nonqualified deferred compensation, SERPs,...
By: Angela M. Stockbridge Plaintiffs filed two new ERISA suits on June 23, 2026. One in Maryland. One in Connecticut. Both target the same fiduciary duty, and both push the theory onto new ground. Our earlier post covered...
By: Angela M. Stockbridge In Part 1, we introduced the executive compensation landscape and examined incentive stock options (ISOs) and nonqualified stock options (NQSOs). Now we turn to other forms of equity and...
By: Angela M. Stockbridge If your retirement plan holds American Century One Choice target-date funds, you have a target on your back. More than a dozen ERISA class actions have been filed against plans holding this single...
By: Angela M. Stockbridge Electing S corporation status offers significant tax advantages but introduces complications for employee benefits planning. This post highlights the key benefits issues that arise when a company...
By: Angela M. Stockbridge Companies competing for top executive talent, and executives navigating high-stakes career transitions, share a common challenge: understanding the tax and legal framework that governs executive pay....