We want to be your valuation firm of choice for Section 409 A compliance. Internal Revenue Code Section 409 A ("409A") effectively requires privately held businesses that award stock options or stock appreciation rights ("SARS") to have independent valuations of their stock. In order to avoid the onerous penalties of 409A, employers need to demonstrate that the exercise price of stock options and SARs is not below fair market value.
It has been the IRS's opinion that many stock options and SARs issued by privately held companies have been issued "in the money" and are nothing more than a form of deferred compensation effectively shifting current compensation to a future period. There has been significant press about stock options issued at below fair market value at dates conducive to the recipient and the adoption of Section 409A is one vehicle the IRS is using to curtail abuse.
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