"[T]he existence of a written binding contract on November 2, 2017, is not by itself sufficient to qualify the arrangement for the transition rule. The Notice clarifies that: Compensation is payable under a written binding contract that was in effect on November 2, 2017 only if the corporation is obligated under applicable law to pay the compensation under the contract if the employee performs services or satisfies vesting conditions.... The Section 162(m) amendments apply to a written binding contract that is renewed after November 2, 2017. [Notice 2018-68] provides guidance on specific contractual terms that would result in a contract renewal and when a material modification would occur."  MORE >>