An officer. There is a rebuttable presumption that an individual with the title of officer is a disqualified individual. An individual without the title of officer can still be a disqualified individual if that person has authority typically granted to an officer, such as policy-making authority. If a corporation is a member of a controlled group of corporations, an individual who is an officer of any member of the controlled group is considered an officer of the entire controlled group. (26 C.F.R. § 1.280G–1, Q&A 18.)

A highly compensated individual. A highly compensated individual is one of the highest paid 250 employees of the corporation's controlled group. For controlled groups with 24,900 or fewer employees, highly compensated individuals are limited to the highest paid 1% of employees, rounded up to the nearest whole number. Independent contractors that would satisfy these requirements if they were employees of the corporation are also highly compensated individuals under the Golden Parachute Rules. (26 C.F.R. § 1.280G–1, Q&A 19.)

A significant shareholder. A shareholder is a disqualified individual if the shareholder owns over 1% of the fair market value of the outstanding shares of all classes of the corporation's stock. In calculating ownership, special constructive ownership rules apply, stock underlying vested options is considered owned and stock underlying unvested options is not considered owned. (26 C.F.R. § 1.280G–1, Q&A 17.)