; (B) in subparagraph (B) by striking (other than the chief executive officer) and inserting (other than any individual described in subparagraph (A)) ; and (C) by striking or at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , or , and by adding at the end the following: (C) was a covered employee of the taxpayer (or any predecessor) for any preceding taxable year beginning after December 31, 2014. . (2) Technical amendment Section 162(m)(3)(B) of such Code is amended by striking 4 highest and inserting 3 highest . (c) Applicable employee remuneration paid to beneficiaries, etc Paragraph (4) of section 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (H) Special rule for remuneration paid to beneficiaries, etc Remuneration shall not fail to be applicable employee remuneration merely because it is includible in the income of, or paid to, a person other than the covered employee, including after the death of the covered employee. . (d) Expansion of applicable employer To include non-Listed public companies Paragraph (2) of section 162(m) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Publicly held corporation For purposes of this subsection, the term publicly held corporation means any corporation which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934) and which— (A) has a class of securities registered under section 12 of such Act, or (B) is required to file reports under section 15(d) of such Act. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2016.