Section 409A: Deferred Compensation Tax Rules: Overview | Practical Law

Section 409A: Deferred Compensation Tax Rules: Overview | Practical Law

A Practice Note providing an overview of Section 409A of the Internal Revenue Code (Code) which regulates the taxation of nonqualified deferred compensation plans. In addition to setting out Section 409A's basic requirements, this Note addresses various exemptions from Section 409A, including the short-term deferral exception and the severance pay exception. Other topics include: cross-border application of Section 409A, application to equity compensation awards, employer reporting and withholding requirements, penalties for noncompliance, and methods of correcting Section 409A violations.

Section 409A: Deferred Compensation Tax Rules: Overview

Practical Law Practice Note Overview 6-501-2009 (Approx. 38 pages)

Section 409A: Deferred Compensation Tax Rules: Overview

by Howard Pianko, Seyfarth Shaw LLP with Practical Law Employee Benefits & Executive Compensation
MaintainedUSA (National/Federal)
A Practice Note providing an overview of Section 409A of the Internal Revenue Code (Code) which regulates the taxation of nonqualified deferred compensation plans. In addition to setting out Section 409A's basic requirements, this Note addresses various exemptions from Section 409A, including the short-term deferral exception and the severance pay exception. Other topics include: cross-border application of Section 409A, application to equity compensation awards, employer reporting and withholding requirements, penalties for noncompliance, and methods of correcting Section 409A violations.