Sorry to inundate you with so many blogs, but I thought I would try to add a little levity to your day while we wait for the House and Senate to vote on the Tax Cuts and Jobs Act. I have posted on the “once a covered employee, always a covered employee” change to Section 162(m), which will have a tremendously negative effect on many companies. However, it is this point that my favorite paragraph in the Conference Committee report addresses:
In addition, if an individual is a covered employee with respect to a corporation for a taxable year beginning after December 31, 2016, the individual remains a covered employee for all future years. Thus, an individual remains a covered employee with respect to compensation otherwise deductible for subsequent years, including for years during which the individual is no longer employed by the corporation and years after the individual has died. Compensation does not fail to be compensation with respect to a covered employee and thus subject to the deduction limit for a taxable year merely because the compensation is includible in the income of, or paid to, another individual, such as compensation paid to a beneficiary after the employee’s death, or to a former spouse pursuant to a domestic relations order.