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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, 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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