This presentation addresses fundamental considerations in structuring equity compensation for employees of businesses classified both as corporations and partnerships for federal income tax purposes. We will review various techniques used by corporations and partnerships to provide key employees the opportunity to become equity owners and the advantages and disadvantages associated with each approach.
The presentation will discuss qualified and nonqualified compensatory stock options, restricted stock, stock appreciation rights, restricted stock units, capital interests, profits interests, and other forms of performance-based compensation, as well as the impact of Section 83 on nonvested equity grants.
Key topics to be discussed:
Whether ISOs or NQSOs are a better choice
Deciding when to exercise a stock option
The different types of equity compensation and key traps to avoid when designing an equity compensation program
Date / Time: August 4, 2021
2:00 pm – 3:00 pm Eastern
1:00 pm – 2:00 pm Central
12:00 pm – 1:00 pm Mountain
11:00 am – 12:00 pm Pacific
Choose a format:
Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.
Richard L. Lieberman | Dykema
Richard is a senior counsel in the Chicago office of Dykema and a member of the Firm’s Tax Practice Group and Dental Service Organizations Group. With more than 35 years of broad transactional and structuring experience, Mr. Lieberman concentrates his practice on the use of corporations, partnerships, and limited liability companies in domestic and cross-border acquisitions, restructurings, mergers and financing transactions.
He also advises Dykema’s clients on tax issues related to executive compensation arrangements, including designing and advising on the implementation of executive, equity, and deferred compensation programs.
Mr. Lieberman has substantial experience in the formation of joint ventures and acquisitions and dispositions of businesses and interests in joint ventures, including representing Dental Service Organizations in the design and implementation of tax-efficient structures and transactions. He also represents not-for-profit organizations in obtaining and retaining exemption from federal, state and local taxes, avoiding unrelated business income tax, and addressing private inurement and intermediate sanctions issues. He has long-represented both businesses and individuals before the Internal Revenue Service and state Departments of Revenue.
Richard is one of the senior Dykema attorneys leading the firm’s initiative in the Qualified Opportunity Zone space. He is experienced in the organization and implementation of Qualified Opportunity Funds and regularly designs investment vehicles intended to capture Qualified Opportunity Zone benefits for investors.
Mr. Lieberman has been recognized as a “Leading Individual” by the International Tax Review in its World Tax Edition, was formerly an adjunct professor at IIT/Chicago-Kent College of Law and is an Expert Author for the Employee Benefits & Executive Compensation series of Lexis Practice Advisor® as well as a participant on Law360’s Tax Authority Federal Advisory Board.
Scott R. Kocienski | Dykema
Scott is a member of the Taxation and Estates group in Dykema’s Bloomfield Hills office. Mr. Kocienski is experienced in corporate, partnership, mergers, and acquisitions tax matters, entity structuring, fund formation, tax credit planning, income tax planning, business succession, and estate planning.
Mr. Kocienski also has experience advising clients on multistate tax planning, audits, dispute resolution, appeals, and litigation.
I. Whether ISOs or NQSOs are a better choice | 2:00-2:20
II. Deciding when to exercise a stock option | 2:20-2:40
III. The different types of equity compensation and key traps to avoid when designing an equity compensation program | 2:40-3:00