Sullivan
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  • Decades of practical experience with Internal Revenue Service and Department of Labor voluntary correction and filing programs, including creative solutions to compensation and contribution problems, plan aggregation (including benefit, right, and feature analysis) problems, late amendments, and plan loan failures
  • Assisted in structuring profits interests and Internal Revenue Code Section 409A compliant option arrangement for client seeking to provide incentive compensation to various levels of employees while avoiding the need for annual (or more frequent) valuation of enterprise
  • Support for complex controlled group situations with QSLOB and benefits, rights, and features analysis to ensure continued tax qualified status for multiple plans within the group
  • Advice and support in connection with a several months transition of payroll and benefit continuation services following sale of business where buyer was unable to absorb numbers of employees moving from seller to buyer at closing
  • Transition nonprofit from Section 401(k) arrangement to Section 403(b) arrangement to ensure higher paid employees can maximize their own tax-deferred benefits
  • Assist client with benefits integration issues associated with acquisition of multiple small employers by one larger (and growing) employer; considerations involve operations, cost savings, and flexibility to allow each acquired business to manage benefits costs
  • Guided client away from a proposed Section 457(f) arrangement for nonprofit CEO to cross-tested profit sharing plan coupled with new Section 457(b) arrangement to first maximize tax-favored benefits for CEO
  • Drafted phantom equity arrangement providing bonuses in connection with liquidity events of various subsidiaries for a multinational employer
  • Negotiated the wind-up of carried interest arrangements, including cash out payments, accelerated vesting, and forfeiture of awards in connection with a negotiated severance
  • Assisted with the design and plan document preparation of long-term incentive programs that avoid ERISA and are Section 409A compliant, including designing a plan that mirrored, to the fullest extent possible, the arrangement for nonprofit employees within the controlled group
  • Assisted client with design of nonqualified deferred compensation arrangement that paralleled investment fund performance without issuance of equity in the fund including extensive Section 409A analysis
  • Designed an innovative phantom carried interest compensation program for employees of private equity fund manager that satisfied the requirements of Internal Revenue Code Section 409A while avoiding the federal and state complexities associated with making the employees partners in the fund

Matters

  • Decades of practical experience with Internal Revenue Service and Department of Labor voluntary correction and filing programs, including creative solutions to compensation and contribution problems, plan aggregation (including benefit, right, and feature analysis) problems, late amendments, and plan loan failures
  • Assisted in structuring profits interests and Internal Revenue Code Section 409A compliant option arrangement for client seeking to provide incentive compensation to various levels of employees while avoiding the need for annual (or more frequent) valuation of enterprise
  • Support for complex controlled group situations with QSLOB and benefits, rights, and features analysis to ensure continued tax qualified status for multiple plans within the group
  • Advice and support in connection with a several months transition of payroll and benefit continuation services following sale of business where buyer was unable to absorb numbers of employees moving from seller to buyer at closing
  • Transition nonprofit from Section 401(k) arrangement to Section 403(b) arrangement to ensure higher paid employees can maximize their own tax-deferred benefits
  • Assist client with benefits integration issues associated with acquisition of multiple small employers by one larger (and growing) employer; considerations involve operations, cost savings, and flexibility to allow each acquired business to manage benefits costs
  • Guided client away from a proposed Section 457(f) arrangement for nonprofit CEO to cross-tested profit sharing plan coupled with new Section 457(b) arrangement to first maximize tax-favored benefits for CEO
  • Drafted phantom equity arrangement providing bonuses in connection with liquidity events of various subsidiaries for a multinational employer
  • Negotiated the wind-up of carried interest arrangements, including cash out payments, accelerated vesting, and forfeiture of awards in connection with a negotiated severance
  • Assisted with the design and plan document preparation of long-term incentive programs that avoid ERISA and are Section 409A compliant, including designing a plan that mirrored, to the fullest extent possible, the arrangement for nonprofit employees within the controlled group
  • Assisted client with design of nonqualified deferred compensation arrangement that paralleled investment fund performance without issuance of equity in the fund including extensive Section 409A analysis
  • Designed an innovative phantom carried interest compensation program for employees of private equity fund manager that satisfied the requirements of Internal Revenue Code Section 409A while avoiding the federal and state complexities associated with making the employees partners in the fund

Matters