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Another Suggested Stock Incentive Plan Revision for 2016
Winston & Strawn LLP Link to more items from this source
[Guidance Overview]
Jan. 18, 2016

"[C]urrently, to avoid triggering liability treatment, any shares withheld to cover the taxes due at settlement of an option or award must be limited to the minimum required statutory withholding of the award holder. [FASB recently] affirmed its decision to broaden this provision to allow shares to be withheld for taxes up to the maximum individual tax rate in the applicable jurisdiction.... [Most] companies ... have hardwired the minimum required statutory tax-withholding requirement into their stock plan documents. Given the liberalization of this requirement, however, most companies (and many executives) will want to preserve the flexibility to withhold taxes at a higher rate in some circumstances."

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