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![]() Don
Martin, CFP®
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Executive
Compensation
Planning
Executive compensation planning concerns
corporate executives who may need to review Defined Benefit Plans,
Non-qualified
deferred compensation, employee stock options (either ISO, or NQSO),
restricted
stock, stock grants, diversification, liquidity, group life insurance,
high
income tax rates.
For example, an employee who needs executive compensation planning may have most of
his investments in company stock and company stock options. There maybe
restrictions on selling the stock, if so then one should examine the
need for a
stock collar and/or alternative sources of liquidity for future
emergencies.
The need for diversification should be addressed.
Stock options may create both
an
Defined Benefit Plans for executives
have hidden risk because if the company fails, a disproportionate loss
may be
shouldered by the top 25 executives (the Pension Guarantee Board only
covers
the first $54,000 of annual pensions if retiring at age 65, less if
retire earlier), and if one of them resigns and
asks for
a lump sum distribution from the Defined Benefit Plan the Custodian or
Trustee
may restrict the distribution until the rank and file workers have
received
their share of Defined Benefit Plan. Top officers of a company need to learn about
executive compensation planning so as to be ready for this possibility.
This restriction could be enforced even if the company has not failed.
Non-Qualified deferred compensation has
interesting tax benefits, however they come with the risk that the
employee may
not be able to retrieve the funds for many years and the funds are
subject to
the risk of the firm failing, so it should be viewed as
making a
unsecured loan
to one’s employer. This would require doing an investment
analysis of
the
employer to see if they are an “A to AAA” credit risk type of firm or
are they
are shaky firm with a “B-” credit rating? Also deferred comp could end
up
getting
taxed at higher rates for payroll tax and for income tax when the funds
are paid to the employee.
Stock
grants as part of executive
compensation planning are an
interesting
way to avoid the tax traps of options, however they also have tax risk
and
investment risk and liquidity risk.
The tax code allows employers to deduct the
cost of financial planning fees paid on behalf of their employees as a
fringe benefit, even if
executive compensation planning was only a small part of the financial
plan.
Donald
Martin is a Napfa-Registered
Fee-Only financial planner and investment advisor.