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Deductibility of Mr. Bags’ 2017 Compensation

Mon E. Bags, Chief Executive Officer of Earns A Lot Enterprises, received total compensation of $2,500,000.00 in 2017. The compensation included a base salary of $750,000, commission income of $1,250,000 and a performance bonus of $500,000. Mr. Bags’ compensation placed him in the top 25% of all chief executive’s in the industry.
Earns A Lot is located in State X. While the national economy has experienced an economic slowdown, State X has a strong and vibrant economy. Mr. Bags has been the chief executive officer for five years.
Earns A Lot, which has long had a reputation for paying very competitive salaries, recruited Mr. Bags from its chief rival, Wanna Be Industries. When Mr. Bags became the chief executive of Wanna Be, the company was on the verge of liquidation. Within five years, Mr. Bags took Wanna Be from the steps of oblivion to the top of the industry.
While Earns A Lot has a solid reputation of consistent top tier performance, it has long believed there was room for substantial growth and so hired Mr. Bags. Indeed, under Mr. Bags’ leadership, Earns A Lot has seen gross revenues grow by over 20% per year. Nonetheless, Earns A Lot is concerned whether the company will be able to deduct Mr. Bags’ 2017 compensation.
Will Earns A Lot be able to deduct Mr. Bags’ 2017 compensation?
Please write a memo answering this question, citing the appropriate authority.

Sample Answer

 

To: Earns A Lot Enterprises Management

From: [Your Name], Tax Consultant

Date: [Date]

Subject: Deductibility of Mr. Bags’ 2017 Compensation

I have reviewed the details of Mr. Bags’ compensation for 2017 and the concern regarding the deductibility of his compensation. After careful analysis, I can confirm that Earns A Lot Enterprises will be able to deduct Mr. Bags’ 2017 compensation. Here’s the breakdown of my findings:

Reasonable Compensation: The Internal Revenue Service (IRS) allows businesses to deduct reasonable compensation as an ordinary and necessary expense. In determining the reasonableness of executive compensation, the IRS takes into consideration factors such as the individual’s qualifications, responsibilities, and comparable compensation in similar industries. Mr. Bags’ compensation of $2,500,000 falls within the range of compensation for top executives in the industry, placing him in the top 25%. This indicates that his compensation is within a reasonable range and is likely to be considered deductible.

Performance-Based Compensation: Mr. Bags’ compensation includes a performance bonus of $500,000, which is based on the company’s successful performance under his leadership. The IRS allows performance-based compensation to be fully deductible, as long as it meets certain criteria. These criteria include a written plan specifying the terms and conditions of the bonus and a performance goal established by the compensation committee of the board of directors. If Earns A Lot has met these criteria for Mr. Bags’ performance bonus, it should be fully deductible.

Base Salary and Commission Income: Mr. Bags’ base salary of $750,000 and commission income of $1,250,000 are also likely to be deductible. While there is no specific limit on deductible salaries or commissions, they must still be considered reasonable in relation to the services provided by Mr. Bags. Given his significant contribution to the company’s growth and success, it is reasonable to argue that his base salary and commission income are necessary expenses for the company’s operations.

In conclusion, considering Mr. Bags’ role as CEO and his significant impact on Earns A Lot’s growth and success, his 2017 compensation is likely to be considered deductible by the IRS. It is crucial to ensure that all documentation and evidence supporting the reasonableness of his compensation, including performance-based components, are properly maintained in case of any future audit or inquiry.

Please note that this memo provides general guidance based on the information provided. It is advisable to consult with a qualified tax professional who can assess your specific situation and offer tailored advice.

If you have any further questions or require additional assistance, please do not hesitate to reach out.

Best regards,

[Your Name] Tax Consultant

 

 

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