Skill

legalcode-us-section-409a-valuation-review

Review nonqualified deferred compensation arrangements for IRC Section 409A compliance — assess valuation methodologies, verify safe harbor qualification (independent appraisal, illiquid startup presumption, formula method), analyze stock option pricing, audit permissible payment events, evaluate the short-term deferral exception, apply the six-month delay rule, identify operational and documentary failures, assess correction program eligibility, and model penalty exposure. Use when conducting 409A compliance audits, granting stock options or SARs, reviewing deferred compensation plan documents, preparing for M&A transactions involving executive compensation, advising on employment or separation agreements with deferred pay, or evaluating IRS correction program eligibility for prior violations. US federal law only (IRC § 409A and 26 CFR § 1.409A).