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Maura Ann McBreen on Muck Rack

Maura Ann McBreen

As seen in: Lexology
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Articles

Canada: Changes to taxation of stock options and capital gains - Effective immediately

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By Barbara Klementz, Josephine Chuk, Narendra Acharya, Víctor Flores, Thomas Asmar, Denise M. Glagau, Christopher G. Guldberg, Sinead M. Kelly, Sinêad Kelly, Maura Ann McBreen, jennifer kirk, Lindsay A. Minnis, Kela Shang, Aimee Soodan, Brian K. Wydajewski
| Lexology Verified
In brief Changes to the capital gains inclusion rate and the employee stock option deduction rate (as proposed in Budget 2024) will apply to stock options exercised and shares sold on or after 25 June 2024. The new measure reduces the stock option deduction and capital gains tax exemption from 1/2 of the taxable amount to 1/3 of the taxable amount, if an individual's annual combined limit of CAD 250,000 has been exceeded.
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United States: Proposed regulations on US stock buyback excise tax address impact on compensation transactions

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By Anne G. Batter, Maura Ann McBreen, Sinead M. Kelly, Sinêad Kelly
| Lexology Verified
In brief On 12 April 2024, Treasury and the IRS published new proposed regulations on the stock buyback excise tax under section 4501 ("Proposed Regulations"). The Proposed Regulations elaborate on and clarify compensation-related issues that arose in Notice 2023-2, 27 December 2022, addressed in our prior blog post, Understanding the Impact of the New US Stock Buyback Excise Tax on Stock-Based Compensation. Contents Background What amount is subject to the excise tax?
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I make employees sign non-competes. Should I panic due to the proposed FTC rule?

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By Maura Ann McBreen, Sofia Chesnokova
| Lexology Verified
The short answer is “no.” Typically the enforceability of non-compete clauses has been subject to state law and more recently, many states have imposed limitations on the enforceability of non-competes. Some states, like California, South Dakota and Oklahoma, ban them entirely. However, the Federal Trade Commission (“FTC”) on January 5, 2023 issued a proposed rule that would significantly restrict the use of non-compete clauses between employers and employees as a matter of federal law.
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