Kirkland Alert Kirkland & Ellis LLP

2017 Tax Cuts and Jobs Act Eliminates Section 162(m) Performance-Based Pay Exemption and Expands Section 162(m) Coverage Generally

On December 22, 2017, President Trump signed into law the final draft of the Tax Cuts and Jobs Act (H.R. Bill 1, the “Act”), which, among other things, expands the scope of Internal Revenue Code Section 162(m) (“Section 162(m)”) for tax years beginning after December 31, 2017.