April 13, 2008

A Dedicated 409A Site

Holy Absurdity Batman, someone actually writes a dedicated 409A site called 409A Dismay.  For the latest and greatest 409A silliness, you are one click away from a subscription.
January 9, 2008

409A – Oh How I Love Thy Wiliness

Now that one of our favorite IRS regs – Mr. 409a – has been around for a while, it’s still causing plenty of confusion, wasted time, energy, and money.  The ...
April 18, 2007

Thoughts on Final 409A Regs

Jason and I have written extensively about 409A – a new tax regulation for pricing stock options in private companies that both of us think is fundamentally absurd.  For the ...
October 6, 2006

IRS Grants “Relief” on 409A

On Wednesday, the IRS announced what it called “relief” extending the “transition period” of compliance with 409A through January 1, 2008 (unless you are a public company and you are ...
September 20, 2006

409A Won’t Be Ready By 1/1/07

While I was on vacation, I got an email from someone much more “in the know” than I am that it is highly unlikely that the final 409A regulations will ...
June 7, 2006

Is 409A Too Difficult For The IRS To Figure Out?

Just when you thought you’d never hear from me and Jason on 409A again, we received the following missive from a lawyer friend of ours: (The) IRS is now saying ...
April 10, 2006

The Best 409A Quote of the Day

Jason sent me a quote that was on the first slide of a 409A presentation from one of the major law firms we work with. “409A is the tax law that ...
February 6, 2006

Does Your VC Understand 409A?

I guess it is only fair that while Jason and I rip on the IRS, accountants, and lawyers regarding 409A, we make take a few shots at the VC community.  ...
January 18, 2006

Does 409A Apply To ISO’s?

I just received a memo from a name-brand Silicon Valley law firm in response to a board discussion that I was part of about 409A (the company granted some options today, obligatory ...
January 13, 2006

409A Legal Disclaimer

Not surprisingly, some lawyers have suggested that Jason and I are now 409A experts and that we have been dispensing 409A advice.  Nothing could be further from the truth – ...
December 31, 2005

Practical 409A Valuation Question

In the spirit of the New Year, I’m trying to blog the questions that I’m getting that I think could have broad interest.  Here’s another one.  Remember – I’m not ...
December 28, 2005

409A – Tying Up Loose Ends

This is our last post on 409A until the IRS issues more guidance or accepts some of the comments it has received during the comment period. In other words, we ...
December 27, 2005

409A – Mythbusters

Perhaps the only upside to the 409A panic in the start up world has been some of the urban legends that have already popped up. Jason and I aren’t your ...
December 26, 2005

409A – IRS Update – Maybe The Sky Isn’t Falling

On Friday, Jason and I received an early Festivus / Hanumas gift from an attorney who asked to remain nameless, but we thank him nevertheless. He clued us in to ...

409A – Fixes, Glitches and Hitches

An inevitable question to ask is “okay, the valuation firm came back and said the FMV of the last option grants should have been $.25 and the grant price was ...