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More Details on the IRS Guidance on the 162(m) Grandfathering Rules
Winston & Strawn LLP, via Lexology; free registration required Link to more items from this source
[Guidance Overview]
Aug. 23, 2018

"One thing the guidance does make absolutely clear is that the first step in determining whether any payment to any person in any year after 2017 is subject to the draconian limits of Section 162(m) is to determine whether there was a written binding contract in effect on November 2, 2017, which created a legal obligation on the company under any applicable law (e.g., state contract law) to pay the compensation under such contract if the employee performs services or satisfies the applicable vesting conditions. Every one of the many examples provided in the guidance begins with a determination of whether the plan or agreement created a legal obligation on the company. In the examples, some do and some do not."

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