Unissued Startup Equity: Navigating 409A, Deferred Compensation Issues, Tax Issues, and Cleanup Measures
A live 90-minute CLE/CPE video webinar with interactive Q&A
This CLE/CPE webinar will provide employee benefits and tax counsel guidance on key issues for unissued startup equity and implications stemming from Section 409A, other tax rules, and deferred compensation arrangements. The panel will discuss relevant tax provisions and consequences, advantages and disadvantages, design and structuring, and implementation considerations for deferred compensation arrangements.
Outline
- Utilizing unissued startup equity
- Navigating Section 409A
- Deferred compensation arrangements
- Best practices to mitigate tax risks
Benefits
The panel will discuss these and other key issues:
- What factors must be considered when allocating shares?
- What are the potential tax implications under Section 409A?
- What is the impact on deferred compensation arrangements?
- What are the best practices in utilizing unissued equity to minimize adverse tax consequences?
Faculty

Jamison Klang
Partner
BLG
Mr. Klang specializes in benefits and compensation issues that arise in corporate transactions. He also... | Read More
Mr. Klang specializes in benefits and compensation issues that arise in corporate transactions. He also assists with executive compensation matters including the design and administration of equity arrangements, bonus plans, and their tax and securities law implications. In addition, Mr. Klang negotiates employment and separation agreements on behalf of companies and individuals. He was previously a partner at Baker Tax Law and has also served at Wilson Sonsini Goodrich & Rosati, P.C. and Dorsey & Whitney LLP.
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Jon Van Loo
Partner
Belcher, Smolen & Van Loo
Mr. Van Loo brings over 15 years’ experience providing tax advice to clients ranging from global public companies... | Read More
Mr. Van Loo brings over 15 years’ experience providing tax advice to clients ranging from global public companies to start-ups and individuals facing complex tax situations. His current practice focuses on U.S. tax matters for: mergers & acquisitions (especially venture-backed private companies), formation and operation of private investment funds, cryptocurrency, foreign corporations entering the U.S., individuals expatriating from the U.S., business restructurings, and real estate transactions. For over five years, Mr. Van Loo has been actively involved in advising crypto funds and blockchain projects on a variety of tax matters, including crypto compensation and the creation and sale of new cryptocurrency products.
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Early Discount (through 08/08/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.