Nona Massengill’s practice focuses on design and implementation of all types of employee benefit programs, with an emphasis on executive and nonqualified deferred compensation, stock incentive plans and non-stock equity-based compensation. Nona has extensive experience in addressing the deferred compensation requirements imposed by Internal Revenue Code (IRC) section 409A. She helps publicly-traded and closely-held employers, tax-exempt entities and executives with tax, fiduciary and business aspects of employee benefits, employment agreements and severance arrangements.

Nona Massengill’s practice focuses on design and implementation of all types of employee benefit programs, with an emphasis on executive and nonqualified deferred compensation, stock incentive plans and non-stock equity-based compensation. Nona has extensive experience in addressing the deferred compensation requirements imposed by Internal Revenue Code (IRC) section 409A. She helps publicly-traded and closely-held employers, tax-exempt entities and executives with tax, fiduciary and business aspects of employee benefits, employment agreements and severance arrangements.

Nona works frequently with equity incentive plans and awards, such as incentive stock options (ISOs), restricted stock, restricted stock units, and performance-based awards.  She provides advice on the implications of these awards under IRC sections 83(b), 422, and 409A.  Her practice involves work with employee stock purchase plans (ESPPs), including those structured to take advantage of IRC section 423.

Nona advises regularly on employee stock ownership plan (ESOP) matters, such as ESOP design, the sale of company stock to an ESOP, ESOP loans and requirements for leveraged ESOPs, tax compliance, and plan mergers.  She also assists clients with IRS and DOL inquiries, ESOP terminatios, and issues facing non-ESOP companies in M&A, lending, and similar transactions with ESOP-owned companies.

Other areas of Nona’s practice include:

  • Quantifying and addressing the tax effects of the golden parachute rules under IRC sections 280G and 4999.
  • Working with private equity funds to navigate the ERISA and tax impact of the plan asset rules, for funds with retirement plan investors.
  • Advising on the income and FICA tax withholding rules applicable to various types of compensation, including under IRC section 3121(v).

Nona is a member of the Virginia State Bar and The ESOP Association. She is a former officer of the Central Virginia Employee Benefits Council.

Nona received her Juris Doctor degree from the University of Virginia School of Law. She received her Bachelor of Arts degree from the University of Virginia, where she was selected for Phi Beta Kappa.