Section 409A Audits on the Rise
Prevailing in an IRS Audit and Navigating the New and Ongoing Challenges in 409A Compliance
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, February 11, 2010
Recorded event now available
This CLE webinar will discuss the scope of IRS audits and potential liabilities that can arise from IRS information document request (IDR) responses, the most problematic ongoing 409A compliance issues, and best practices for employers and their counsel to prepare for and respond to an IRS audit.
Description
The IRS is auditing business compliance with Sec. 409A, despite continuing confusion in complying with the new rules issued in Jan. 2009.
IDRs in IRS audits require companies to disclose details of pay practices that could be subject to Sec. 409A and to consider potential application of Sec. 409A to these practices. Thus, these IDRs are more akin to detailed litigation discovery requests than traditional IDRs.
Given the complexities of Sec. 409A compliance, IDR responses have the potential to reveal situations that constitute a violation of 409A. Legal counsel thus must guide all responses to IRS audit requests to ensure careful and consistent audit responses.
Listen as our authoritative panel of legal specialists guides you through the 409A audit process and provide best practices to handle some of the more difficult challenges that companies continue to face in the first year of the new requirements.
Outline
- Scope of IRS audit and Information Document Requests (IDRs)
- Documents that are not Section 409A compliant
- Scope of IRS "voluntary compliance" programs for operational errors
- Continuing problematic issues in implementing Section 409A rules
Benefits
The panel will review these and other key questions:
- What is the scope of the IDRs in 409A audits — and what pitfalls do the audit requests pose to unwary companies?
- What is the scope of the IRS voluntary compliance programs for operational errors?
- What are practical problems that continue to vex employers in implementing Sec. 409A rules?
- What are the best practices for employers dealing with documents that are not 409A compliant?
Upon completing this seminar, an attendee will be thoroughly briefed on the scope of IRS Information Document Requests in Section 409A audits. The attendee will learn about continuing challenges that companies and their advisors face in complying with 409A in the first year since the regulations were implemented — and will learn about tactics designed to respond to these challenges.
Faculty
Steven Friedman,
Partner
Littler Mendelson, New York
He advises employers on a variety of aspects of employee benefits law, including the structuring and implementation of qualified and non-qualified retirement plans, welfare and fringe benefit programs, early retirement programs and severance plans. He has extensive experience in analyzing issues related to section 409A of the Internal Revenue Code.
Michael S. Melbinger,
Partner
Winston & Strawn, Chicago
He practices exclusively in the area of executive compensation and employee retirement benefit issues for corporations, boards of directors, partnerships, executives, and fiduciaries. He has extensive experience with the design, operation, and auditing of employers’ retirement plans.
Gail W. Stewart,
Partner
Baker Botts, Houston
She has over 20 years experience in employee benefits advising on the design and regulatory compliance of pension, profit sharing and employee stock ownership plans and welfare benefit plans. She has experience designing and implementing executive compensation arrangements, such as equity-based incentive programs, salary continuation plans, golden parachute arrangements and employment agreements.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CPE: Self-study CPE is not offered on online webinars.
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, FL, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CPE: Self-study CPE is not offered on recorded events.
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Customer Reviews
Content was superb.
Patrick Webb
Webb & Carey
A focused presentation offering practical information in a concise format.
Una Kang
Saiber
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
The teleconference contained information that was relevant, useful and up-to-date.
Mark Hegedus
Spiegel & McDiarmid
The speakers included a significant number of best practices, which are critical to application of the law.
Deirdre J. Kamber
Fitzpatrick Lentz & Bubba
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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