A 409A valuation should be performed by an independent, qualified valuation provider with appropriate financial and appraisal expertise. While companies may attempt internal valuations, these rarely qualify for safe harbor protection. Independent firms typically employ credentialed professionals and follow accepted valuation standards. Independence is critical, meaning the provider should not have conflicts of interest such as ownership or control. Using a reputable third-party firm significantly reduces compliance risk and strengthens defensibility in the event of an IRS audit or transaction review?
Who can perform a 409A valuation?
