For public companies, the time to update executive compensation practices is now: Final regulations issued under IRC Section 162(m) and American Rescue Plan Act further expands class of covered employees

At long last, the Department of the Treasury and Internal Revenue Service published final regulations to explain how changes to Internal Revenue Code Section 162(m) under the Tax Cuts and Jobs Act of 2017 (TCJA) affect the deductibility (or lack thereof) of compensation in excess of $1 million paid to covered employees.  For the most part, the final regulations did not change any prior guidance.

In this blog post, my colleagues Dave Tumen and Chris Daughtery highlight the changes we expect will result in the biggest changes or challenges to public companies and the administration of their executive compensation plans.