Tax Cuts and Jobs Act Results in Major Overhaul to Section 162(m)

Tax Cuts and Jobs Act Results in Major Overhaul to Section 162(m)


By: Donald P. Carleen, Adam Kaminsky, Joshua S. Gelfand

On December 22, 2017, the President signed the Tax Cuts and Jobs Act (the “Act”), which makes sweeping changes to the existing United States Internal Revenue Code (the “Code”).  These changes include a major overhaul to Section 162(m) of the Code (“Section 162(m)”), which greatly expands the scope of the deduction limitation under Section 162(m) for compensation in excess of $1 million.  Below is a summary of the key changes to Section 162(m) implemented by the Act.

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