409A

409A is the section of the Internal Revenue Code that regulates the tax treatment of “non-qualified deferred compensation.”

In order to avoid extremely adverse tax consequences, startups comply with Section 409A by issuing stock options at least at fair market value.

About the Author
Ryan RobertsRyan Roberts is a startup lawyer and represents technology companies through all phases of the startup process, including incorporation, seed & venture financings, and exit transactions. Click here to learn more about his practice.
Subscribe & Connect
Please consider subscribing to The Startup Lawyer, following @startuplawyer on Twitter, or contact Ryan directly.
Random Posts
When to Use an Anti-raiding Provision
As an employer, you make countless investments in your employees. Whether your employees realize it or not, you commit major financial resources, time and training to make your staff a company asset. How do you protect your asset from being looted by a former employee? Consider adding an "anti-raiding" clause to your employment agreements. // Read More