Category

Code Section 409A

Category

How do the specified employee rules under Code Section 409A apply when two public companies merge and both partners use the default rules to identify specified employees based on officer status within the respective company? The Case Study The merger closed after December 31, 2016 and before April 1, 2017.  Per the regulations, the acquiring entity’s next specified employee identification date and specified employee effective date govern, which is not an issue since both companies use the…