Six months after a change in control, a company decides to terminate an executive. Do I need to consider 280G and the related 20% excise tax if the executive’s severance payment exceeds the 280G trigger?

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Yes. As long as the termination of employment occurs within one year after the change in control, it is presumed to be a result of the change in control.

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Six months after a change in control, a company decides to terminate an executive. Do I need to consider 280G and the related 20% excise tax if the executive’s severance payment exceeds the 280G trigger?

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Six months after a change in control, a company decides to terminate an executive. Do I need to consider 280G and the related 20% excise tax if the executive’s severance payment exceeds the 280G trigger?

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