Author: Jamison Klang
Jamie is an associate in Dorsey’s Benefits and Compensation practice group. He advises clients on ERISA, tax, and related issues affecting qualified and non-qualified benefit plans as well as executive compensation arrangements. He assists clients in strategically drafting stock incentive plans and all related SEC disclosures. He devotes a substantial portion of his practice to advising both public and private companies on compensation and benefits issues that arise in transactions.
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While the recently enacted U.S. tax reform legislation did not overhaul executive compensation to the extent proposed in early forms of the bill, Section 162(m) of the U.S. Internal Revenue Code was dramatically revised in a way that affects Canadian companies that file reports with the SEC and that employ, or may in the future...
Canadian companies and their outside counsel occasionally ask about the ability to grant early exercise incentive stock options (“ISOs”) to limit the impact of the U.S. alternative minimum tax (“AMT”) to their U.S. employees. However, due to fairly counterintuitive U.S. federal tax regulations, structuring options in this manner may expose optionees to negative tax consequences...