Best Strategies for Legal and Tax Issues for Equity Grants to PEO Workers

Marlene Zobayan
Marlene Zobayan
Rutlen Associates, LLC

Marlene Zobayan is a partner at Rutlen Associates LLC. She has over thirty years of international tax and benefits experience including global equity plans, mobile employee taxation, global compensation and benefits.

Sarah McMaster
Sarah McMaster
CMS London

Sarah joined the Employee Incentives Team of CMS as an Of Counsel in 2019. Sarah has over 20 years’ experience in dealing with all aspects of employee incentives and employee share schemes, from a legal, tax and reward perspective.

On-Demand: February 28, 2023

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1.5 hour CLE
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Program Summary

The use of PEOs (Professional Employer Organizations also known as Employer of Record or EOR) to employ workers in different countries has increased over the last few years. Given the global war for talent and the post pandemic prevalence of remote work, PEOs seem like the ideal way of tapping into talent in locations where the company does not have a presence. The PEO is the legal employer of the worker.

However, there are complications where the company decides to make grants to the PEO employee. The panel will review the issues which include data privacy issues, securities law, labor law, exchange issues, eligibility for tax benefits, tax withholding and reporting requirements. The panel will also share best practices and must-dos before offering equity to PEO employees.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Data Privacy Issues
  • Securities Law
  • Labor Law
  • Exchange Issues
  • Eligibility for Tax Benefits
  • Tax Withholding and Reporting Requirements
  • Best Practices and Must-dos Before Offering Equity to PEO Employees

Date: February 28, 2023

Closed-captioning available

Speakers

Marlene Zobayan_ Rutlen Associates, LLC._FedBarMarlene Zobayan | Rutlen Associates, LLC

Marlene Zobayan is a partner at Rutlen Associates LLC. She has over thirty years of international tax and benefits experience including global equity plans, mobile employee taxation, global compensation and benefits. Her clients range from start-ups to Fortune 10 companies. She provides a range of services including remote work policy, mobile employee policy, global equity plan design, mobility compliance, compliance reviews, assistance with local approvals and filings, communications, employer tax compliance advice and designing administrative processes; she is known for her expertise with mobile employee issues.

Marlene has a Physics degree from Oxford University; she is a member of the U.K. Association of Tax Technicians, Enrolled Agent, Certified Equity Professional (“CEPI”) and a Fellow of Global Equity. Marlene is a regular speaker and author on global stock plan, mobility and remote work issues. Marlene is currently a member of the Curriculum Committee for CEPI.

 

Sarah McMaster_ CMS London_FedBarSarah McMaster | CMS London

Sarah joined the Employee Incentives Team of CMS as an Of Counsel in 2019. Sarah has over 20 years’ experience in dealing with all aspects of employee incentives and employee share schemes, from a legal, tax and reward perspective. She works with a broad spectrum of clients, ranging from FTSE 100 companies to private companies and start-ups.

Sarah also assists global groups with the extension of their share plan arrangements into multiple jurisdictions and cross-border employee taxation questions.

Selected relevant experience includes advising:

  • An AIM listed company with their long-term incentive
    arrangements and related corporate governance advice.
  • Companies with establishing and implementing tax-advantaged SAYE and Share Incentive Plans, including a NYSE-listed group implementing a Share Incentive Plan for its UK employees.
  • A share plan trustee company with its Share Incentive Plan compliance and administration.
  • A UK listed company with its SAYE and LTIP arrangements in the context of a takeover.
  • Start-up tech ventures with their employee share scheme arrangements.

Agenda

I. Data Privacy Issues | 12:00pm – 12:15pm

II. Securities Law and Labor Law | 12:15pm – 12:30pm

III. Exchange Issues | 12:30pm – 12:45pm

IV. Eligibility for Tax Benefits | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

V. Tax Withholding and Reporting Requirements | 1:10pm – 1:25pm

VI. Best Practices and Must-dos Before Offering Equity to PEO Employees | 1:25pm – 1:40pm

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