IRS finalizes golden para regulations

Washingtom, D.C. - New golden parachute regulations, issued in conjunction with a revenue procedure for valuing stock options that are treated as golden parachute payments, revise an earlier valuation method for stock options, according to the Internal Revenue Service.

Under the Tax Code, a company cannot deduct “excess” golden parachute payments, and an executive must pay a 20 percent excise tax on them.

The new regulations generally follow the proposed regulations published in February 2002. The valuation method continues to allow the use of certain option valuation methods, but it provides new flexibility to make certain adjustments for early termination of employment or changes in the volatility of stock prices.

The regs are effective for payments made after Jan. 1, 2004.

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Tax practice
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