The IRS has released guidance related to the 2017 Tax Cuts and Jobs Act amendments to Section 162(m) of the Internal Revenue Code, which generally apply to taxable years beginning or after Jan. 1, 2018.
IRS Notice 2018-68 provides additional guidance around the definition of “covered employee” and the grandfathering rules for arrangements that were in place before Section 162(m) was amended.
Check out McGuireWoods’ analysis of the guidance here.