As a tax-exempt or governmental employer, you face the same pressures to compete for high-caliber executives and other employees as for-profit employers. But when it comes to structuring deferred compensation and other benefits for your workforce, the tax laws impose additional constraints on you - and give you additional opportunities.
Caplin & Drysdale can help you deal with the unique obstacles for tax-exempt and governmental employers and help you make the most of the additional vehicles available to you. We can advise you on every aspect of your employee benefits issues, from structuring your qualified defined benefit and defined contribution plans to implementing and administering a section 403(b) annuity arrangement or a section 457(b) plan to dealing with the constraints of section 457(f). Our long experience advising tax-exempt organizations and state and local governments makes us particularly well positioned to understand the issues important to you and to help you work through the complex tax laws with which you must contend.
Representative Engagements
- A tax-exempt organization is searching for the best means to provide deferred compensation to its key employees.
Result: Caplin & Drysdale advises on all the options available to the organization - including qualified plans, section 403(b) arrangements, section 457(b) arrangements, nonqualified deferred compensation subject to section 457(f), and innovative compensation strategies for executives of tax-exempt employers. Caplin & Drysdale helps the employer select the arrangement that maximizes its compensation objectives as an employer while minimizing tax risk for its key employees.
- A tax-exempt employer is considering providing domestic-partner employee benefits.
Result: Caplin & Drysdale provides advice on all aspects of the proposed domestic-partner benefits from ERISA considerations to the treatment and taxation of health coverage.
- A governmental employer discovers numerous errors in administration of its section 403(b) arrangement and needs guidance on the various corrections programs maintained by the IRS.
Result: Caplin & Drysdale provides comprehensive advice and counsel on the options available to the employer under EPCRS, including APRSC and TVC. We help the employer structure a sensible and low-cost approach to corrections of the administrative errors.
- A tax-exempt employer is considering various options to provide tax deferral for its executive director.
Result: Caplin & Drysdale works closely with the executive director and the employer to structure a sound approach to providing tax deferral without exposing the executive or the employer to unnecessary tax risks.
Our Services
- Providing design and administration advice on qualified defined benefit and defined contribution plans
- Providing design and administration advice on section 403(b) arrangements and section 457(b) eligible deferred compensation plans
- Advising on health and welfare benefits
- Counseling on section 457(f) and on exceptions to section 457
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