Employers that are tax-exempt or have tax-exempt affiliates (for example, a foundation) should pay close attention to a 21% excise tax under Section 4960 of the Internal Revenue Code on certain executive compensation. Final Regulations under Section 4960 are described here. The discussion includes traps for the unwary. Please reach out to your Proskauer
Katrine Magas
Katrine Magas is a senior counsel in the Tax Department and a member of the Employee Benefits & Executive Compensation Group.
Katrine works with public and private companies on their executive compensation arrangements and employee benefit plans both on day-to-day matters and in connection with corporate transactions or financings. In her practice, Katrine provides expertise on complex tax issues arising under Internal Revenue Code Section 280G, 409A and 162(m). She also assists clients in designing, implementing and administering short- and long-term cash and equity incentive plans.
Katrine also represents individual executives related to employment, equity and separation agreements.
Before joining Proskauer, Katrine worked in Ernst & Young’s People Advisory Services, Reward group, focusing on executive compensation and global equity matters arising in financial services organizations. After graduating from law school, Katrine served as a judicial law clerk for Justice Nancy M. Saitta of the Supreme Court of Nevada.
Terminating a CEO for Cause
Terminating a CEO “for cause” requires that the board of directors (“Board”) of the employer focus on two questions – What is the applicable standard for cause? Do the facts and circumstances satisfy this applicable standard?
The consequences of a “for cause” termination can be severe, with the former executive forfeiting equity awards, having to…
10 Keys to Executive Compensation Excise Tax for Tax-Exempt Employers and Their Affiliates
Employers that are tax-exempt or have tax-exempt affiliates (for example, a foundation) should pay close attention to a 21% excise tax under Section 4960 of the Internal Revenue Code on certain executive compensation. Proposed Regulations under Section 4960 are described here. The discussion includes traps for the unwary. Please reach out to your Proskauer…
Executive Compensation Considerations for COVID-19 (Salary/Wage Reductions)
COVID-19 has had significant impacts on all aspects of business. While employers are assessing how to handle immediate employee needs related to sick leave, family leave and benefits claims, employers should also consider the impact that changes in their workforce or economic conditions will have on their compensation plans and programs.
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Landmark Bill Passes: California Codifies “ABC” Test for Worker Classification
On Thursday, September 12th, the California State Assembly passed Assembly Bill 5 (“AB 5”), the controversial new law that codifies the three-factor “ABC” test introduced by the California Supreme Court in its 2018 Dynamex decision. The passage of AB 5 marks a sea change in the way that companies doing business in California…