Executive and Incentive Compensation
Vicki works with public and private companies 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, and analysis of the application of §§ 409A, 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.
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 Employment Taxes
Vicki advises on fringe benefits provided to employees and independent contractors (including directors) with an emphasis on income and payroll tax treatment, including the deductibility, withholding, information reporting, interest-free corrections and penalty abatement with respect to all forms of compensation other than qualified retirement plans.
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, financial counseling, physical examinations, leave-sharing programs, employee loans, and employee recognition awards, gifts, and prizes.
She also advises on the income and employment tax treatment of settlement payments, severance and supplemental unemployment compensation (SUB pay), and has assisted clients in filing and managing FICA tax refund claims in connection with severance pay.
Vicki also advises clients on acquisitions and internal restructurings in order to avoid the FICA restart provisions and therefore reduce the company's employment tax costs.