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26 U.S.C. § 4999 — Golden parachute payments

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4999 — Golden parachute payments

**(a) Imposition of tax** There is hereby imposed on any person who receives an excess parachute payment a tax equal to 20 percent of the amount of such payment. **(b) Excess parachute payment defined** For purposes of this section, the term “excess parachute payment” has the meaning given to such term by section 280G(b). **(c) Administrative provisions** (1) **Withholding** — In the case of any excess parachute payment which is wages (within the meaning of section 3401) the amount deducted and withheld under section 3402 shall be increased by the amount of the tax imposed by this section on such payment. (2) **Other administrative provisions** — For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.

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Source location: Title 26, Chapter 46, § 4999; chapter-046-golden-parachute-payments.md

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**(a) Imposition of tax** There is hereby imposed on any person who receives an excess parachute payment a tax equal to 20 percent of the amount of such payment. **(b) Excess parachute payment defined** For purposes of this section, the term “excess parachute payment” has the meaning given to such term by section 280G(b). **(c) Administrative provisions** (1) **Withholding** — In the case of any excess parachute payment which is wages (within the meaning of section 3401) the amount deducted and withheld under section 3402 shall be increased by the amount of the tax imposed by this section on such payment. (2) **Other administrative provisions** — For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 280G — Golden parachute payments

**(a) General rule** No deduction shall be allowed under this chapter for any excess parachute payment. **(b) Excess parachute payment** For purposes of this section— (1) **In general** — The term “excess parachute payment” means an amount equal to the excess of any parachute payment over the portion of the base amount allocated to such payment. (2) **Parachute payment defined** (A) *In general* — The term “parachute payment” means any payment in the nature of compensation to (or for the benefit of) a disqualified individual if— (i) such payment is contingent on a change— (I) in the ownership or effective control of the corporation, or (II) in the ownership of a substantial portion of the assets of the corporation, and (ii) the aggregate present value of the payments in the nature of compensation to (or for the benefit of) such individual which are contingent on such change equals or exceeds an amount equal to 3 times the base amount. For purposes of clause (ii), payments not treated as parachute payments under paragraph (4)(A), (5), or (6) shall not be taken into account. (B) *Agreements* — The term “parachute payment” shall also include any payment in the nature of compensation to (or for the benefit of) a disqualified individual if such payment is made pursuant to an agreement which violates any generally enforced securities laws or regulations. In any proceeding involving the issue of whether any payment made to a disqualified individual is a parachute payment on account of a violation of any generally enforced securities laws or regulations, the burden of proof with respect to establishing the occurrence of a violation of such a law or regulation shall be upon the Secretary. (C) *Treatment of certain agreements entered into w

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4999 — Golden parachute payments

Page 3125 TITLE 26—INTERNAL REVENUE CODE § 5000 Section 4994, added Pub. L. 96–223, title I, § 101(a)(1), Apr. 2, 1980, 94 Stat. 241; amended Pub. L. 97–34, title VI, §§ 601(b)(2), 603(b), 604(a)–(c), Aug. 13, 1981, 95 Stat. 337–339; Pub. L. 97–248, title II, § 291, Sept. 3, 1982, 96 Stat. 572; Pub. L. 97–448, title I, § 106(a)(2), (4)(B), (b), title II, § 201(f), Jan. 12, 1983, 96 Stat. 2388, 2390, 2392, re- lated to definitions and special rules with respect to ex- empt oil. Section 4995, added Pub. L. 96–223, title I, § 101(a)(1), Apr. 2, 1980, 94 Stat. 244; amended Pub. L. 97–34, title VI, § 601(b)(3), Aug. 13, 1981, 95 Stat. 337; Pub. L. 97–448, title II, § 201(g), Jan. 12, 1983, 96 Stat. 2393, related to with- holding and depository requirements bearing on the windfall profit tax. Section 4996, added Pub. L. 96–223, title I, § 101(a)(1), Apr. 2, 1980, 94 Stat. 247; amended Pub. L. 97–248, title II, § 284(a), Sept. 3, 1982, 96 Stat. 569; Pub. L. 97–354, § 3(b)(1), Oct. 19, 1982, 96 Stat. 1688; Pub. L. 97–448, title II, § 201(h)(1)(A)–(C), (2), Jan. 12, 1983, 96 Stat. 2393–2395, provided for other definitions and special rules bearing on the windfall profit tax. Section 4997, added Pub. L. 96–223, title I, § 101(a)(1), Apr. 2, 1980, 94 Stat. 249; amended Pub. L. 97–448, title II, § 201(i)(1), Jan. 12, 1983, 96 Stat. 2395, related to records and information, and regulations, bearing on the windfall profit. Section 4998, added Pub. L. 96–223, title I, § 101(a)(1), Apr. 2, 1980, 94 Stat. 250, related to cross references. AMENDMENTS 2017—Subsec. (a)(1). Pub. L. 115–97 substituted ‘‘sec- tion 1(h)(1)(D)’’ for ‘‘section 1(h)(1)(C)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–97, title I, § 13604(b), D

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