| Anthony Provenzano’s practice focuses on the tax, ERISA, securities, and other laws impacting executive compensation and employee benefits, as well as the employment tax and reporting issues that may arise with respect to such arrangements. He routinely advises clients on the various rules regarding non-qualified equity compensation and tax-qualified arrangements, and the surrounding employment tax and deduction issues. In addition, Mr. Provenzano’s practice includes controversy matters involving the Internal Revenue Service (IRS), U.S. Department of Labor, and Pension Benefit Guaranty Corporation (PBGC) exams and disputes. More > Anthony Provenzano’s practice focuses on the tax, ERISA, securities, and other laws impacting executive compensation and employee benefits, as well as the employment tax and reporting issues that may arise with respect to such arrangements. He routinely advises clients on the various rules regarding non-qualified equity compensation and tax-qualified arrangements, and the surrounding employment tax and deduction issues. In addition, Mr. Provenzano’s practice includes controversy matters involving the Internal Revenue Service (IRS), U.S. Department of Labor, and Pension Benefit Guaranty Corporation (PBGC) exams and disputes.
Mr. Provenzano’s extensive experience in executive compensation and employee benefit matters allows him to advise clients on the broader legal implications of an arrangement and how various benefit regimes could interact. For instance, when drafting a new equity or deferred compensation program, he can advise how the benefits under the new program will interact with the employer’s tax-qualified 401(k) and pension arrangements, the various employment tax pitfalls that may arise, and whether the benefits under the new arrangement will need to be described in the employer’s proxy statement. His experience in handling controversy matters, involving split dollar arrangements, deferred compensation programs, mispriced stock options, and qualified plans, can also help a client understand how plan language may be viewed by a government examiner or a participant asserting a claim.
Mr. Provenzano is frequently asked to speak on matters regarding executive compensation, including deferred compensation and the attendant payroll tax and reporting obligations with respect to such arrangements, performance-based compensation under Internal Revenue Code Section 162(m), defending against IRS executive compensation and employment tax audits, proxy disclosure of executive perks, and the new IRS guidance regarding correction of failures under a Code Section 409A arrangement. < Brief Bio
- Advised a large financial institution regarding the interaction between Section 409A and split-dollar arrangements and assisted in structuring a new arrangement that would comply with Section 409A but retain many of the tax-favorable features of the split-dollar arrangement.
- Successfully resolved certain employment tax and corporate deduction issues regarding mispriced incentive stock options with the closing agreement resulting in a favorable corporate deduction.
- Successfully defended companies in PBGC examinations regarding PBGC premium calculations and pension terminations.
- Obtained a favorable IRS ruling regarding a controlled group determination that included both taxable and tax-exempt entities despite the lack of authority surrounding such an arrangement.
- Advised numerous employers regarding permissible corrections of Section 409A failures pursuant to IRS Notice 2008-113 and the potential income inclusion implications under IRS Notice 2008-115 and proposed Treas. Reg. Sec. 1.409A-4.
Professional and Community Involvement Bar Admissions - District of Columbia
- New York
Education - J.D., American University Washington College of Law, cum laude, 1998
- B.A., Pennsylvania State University, 1995
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