Executive and Incentive Compensation
Vicki works with public and private companies and tax-exempt organizations in connection with the design, implementation, and administration of executive compensation arrangements and agreements, including employment, retention, change in control, consulting and severance arrangements, non-qualified deferred compensation programs, incentive and equity compensation programs, performance-pay elements and packages, fringe benefit plans, split-dollar life insurance arrangements, corporate owned life insurance and analysis of the application of §§ 409A, 457, 280G and 162(m) of the Internal Revenue Code.
Her experience also includes advising employers on compliance with Code § 409A and correcting operational failures and document defects in nonqualified deferred compensation plans and related information reporting.
Vicki also advises public companies regarding compliance with applicable executive compensation disclosure requirements and related corporate governance rules, including Dodd-Frank and Sarbanes-Oxley.
Fringe Benefits and Federal and State Employment Taxes
Vicki advises on fringe benefits provided to executives, employees and independent contractors (including directors) with an emphasis on federal and state income and payroll tax treatment, including the deductibility, withholding, information reporting on Form W-2 and Form 1099, tax penalties, interest-free corrections and penalty abatement options.
Her experience includes advising employers on a range of fringe benefits, from statutory fringe benefits (i.e., working condition fringes, de minimis fringes, no additional cost fringes, employee discounts, qualified transportation fringes) to travel benefits, relocation and moving expenses, employer provided meals and/or lodging, on-site cafeterias, educational assistance, on-site day care and daycare subsidies, leave-sharing programs, employee loans and loan forgiveness, employee recognition awards, gifts, and prizes and wellness incentives.
She also advises on the income and employment tax treatment of settlement payments, severance and supplemental unemployment compensation (SUB pay).
Vicki also advises clients on internal compliance audits; payroll tax aspects of mergers, acquisitions and reorganizations, including intercompany employee transfers and FICA restart questions); payroll tax and reporting obligations regarding equity compensation, nonqualified deferred compensation, health and welfare benefits and other employee benefits; state withholding and reporting issues, including workforce mobility issues; worker classification tax issues and audits, including Section 530 relief, the IRS Voluntary Classification Settlement Program and other tax relief options; and IRS and state tax agency audits and audit appeals.
Nonprofit and Tax Exempt Organizations
Vicki also works with tax-exempt entities on corporate governance and federal and state tax matters, including general corporate and tax-exempt compliance. Vicki also advises tax-exempt entities with respect to applying for federal tax-exempt status, Form 990 disclosures, reasonableness of executive compensation, nonqualified deferred compensation and severance tax issues, and navigating conflicts of interest.