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IRS Issues Partial Guidance on Repeal of Performance-Based Exception in Section 162(m)
Pillsbury Winthrop Shaw Pittman LLP 
[Guidance Overview] Sept. 6, 2018
"[Notice 2018-68] offers a question that concludes that if a plan permits amendments at any time that eliminate future earning credits, only the account balance credited as of November 2, 2017 is grandfathered. Any later earnings on these amounts are not grandfathered, unless that right to earnings is expressly reserved. But this cannot be the correct conclusion."
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