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Section 409A AlertSection 409A Alert

Estate planners need to identify Internal Revenue Code Section 409A issues when advising executives and professionals who participate in nonqualified deferred compensation plans. The final regulations' effective date Jan. 1, 2008 is fast approaching and the impact could be severe on your clients if the plans in which they participate don't comply. The American Jobs Creation Act of 2004 added Section

Thomas C. Foster, Director

September 1, 2007

8 Min Read
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Thomas C. Foster, director, McCandlish Holton, PC, Richmond, Va.

Estate planners need to identify Internal Revenue Code Section 409A issues when advising executives and professionals who participate in “nonqualified deferred compensation plans.” The final regulations' effective date — Jan. 1, 2008 — is fast approaching and the impact could be severe on your clients if the plans in which they participate don't comply.

The American Jobs Creation Act of 2004 added Section 409A to the IRC.1 Since its enactment, this section has been a topic of much detailed and arcane discussion among employee benefits lawyers who design nonqualified deferred compensation arrangements on behalf of service recipient organizations. A lot of work has gone into re...

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About the Author

Thomas C. Foster

Director, McCandlish Holton

Thomas C. Foster is a member of the McCandlish Holton Tax Section and Corporate Department with a primary emphasis on employee benefits. Regarding employee benefits, his clients include major financial institutions, employers in diverse industries, accountants and employee benefits consultants.

Additional areas of practice emphasis include: tax issues in business structuring, state and local taxation, payroll taxes (especially with international employees) and conservation easements.

Tom has been practicing law with McCandlish Holton since 1994. Prior to joining the firm, Tom had 20 years of related experience, primarily as an officer of a major bank employee benefit trust department.

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