Which is better for business owners: compensation or dividends?

One of the major changes in the tax law enacted last December in the Tax Cuts and Jobs Act (TCJA) was the creation of a new deduction for “qualified business income.” As a general rule, this deduction allows individuals who are either sole proprietors or who own interests in businesses that are formed as limited liability companies, partnerships, or S corporations to deduct from their gross income an amount that may be as high as 20 percent of their share of that entity’s income.  READ MORE

What Does "Compensation" Mean Under the 401(k)/403(b) Plan?

One of the Top 10 Mistakes made by 401(k)/403(b) plan sponsors is failing to follow the definition of “compensation” under the terms of the relevant plan document.  Compensation can be defined several different ways for plan administration purposes.  For example, compensation may be defined as W-2 wages, which would include bonuses for purpose of making elective deferrals.  Using the example, if an employer fails to allow the employer to defer off a year-end bonus (part of W-2 compensation), the plan has experienced an operational error, which affects its tax-qualified status.  READ MORE

CEO Pay Ratio Disclosure: A Look at Year One Results

During the 2018 proxy season, publicly held companies began disclosing their CEO pay ratio, a Dodd-Frank rule that requires them to calculate the ratio between the compensation level of the median employee and the company’s CEO. Michael Kesner, a retired principal and consultant to Deloitte Consulting LLP, and Tara Tays, a managing director with Deloitte Consulting LLP, discuss the findings of a recent Deloitte analysis of CEO pay ratios based on data gathered from pay disclosures of 294 S&P 500 companies.¹ They also explain some of the challenges initial filers faced in complying with the pay ratio disclosure requirements and what companies can do to prepare for Year Two. READ MORE

Is it time to take a hard look at your partners and compensation model?

Let’s take a deep dive into both a firm’s partner mix and its compensation model.

In a Good to Great research study on high-performing organizations performed by Jim Collins, he concluded that the method of compensation, as a causal factor for high and sustained performance, is largely irrelevant. The study found that whatever system is in use, it simply must be rational and equitably managed and that high sustained performance is largely the result of doing many things well. Jim emphasizes that the key to high performance is having the right people on the bus. READ MORE

Pay Equity Law Update

On May 22, 2018, Connecticut Gov. Dannel P. Malloy signed Public Act No. 18-8, “An Act Concerning Pay Equity,” into law. The new Connecticut law follows a recent trend by states to enact laws prohibiting employers from seeking salary history from prospective employees. Connecticut now joins California, Delaware, Massachusetts (see below), Oregon, and Vermont as one of six states having such laws, which are designed to remedy historic pay disparities between male and female employees. READ MORE

Executive compensation planning for owner executives of private business after tax cuts and jobs act

The corporate tax rate applicable to C corporations (C Corps) has been reduced from 35 percent to 21 percent. Individual tax rates have also been reduced but not as significantly (from 39.7 percent to 37 percent). Individual tax rates on qualified business net income of pass through entities (S Corps, partnerships and LLCs) have been effectively reduced by 20 percent to 29.6 percent. This disparity in the effective tax rates creates some interesting challenges for planning executive compensation. READ MORE