About the Author
Log In to view your rate
Unlock the discounted member rate
Join first as a member, and then purchase this product at special member pricing
After Tax Reform, Section 409A and 457 remain the important income tax law governing nonqualified deferred compensation plans. This Q & A book is now more than ever a necessary resource.
New and important developments have emerged in the form of IRS guidance and case law since the first edition was published in 2011. This edition provides significantly more guidance on questions regarding procedures for correcting errors in documentation that resulted from the release of IRS Notices 2010–6 and 2010–80 and questions regarding administrative error corrections arising from the operation of nonqualified deferred compensation plans under the complex and often confusing guidance under Section 409A. Since then, in June 2016, the IRS released additional proposed Section 409A Regulations and also the long-overdue proposed regulations for Section 457 relating to non-qualified plans of tax-exempt organizations.
In addition to providing correction procedures, the IRS Notices provide guidance on drafting documents subject to Section 409A by high-lighting language that gives rise to documentary errors under Section 409A. Of course, with that guidance came a host of additional questions.
Even though more than 10 years have passed since the enactment of Section 409A, little or no official guidance has yet been issued with respect to some parts of the law. For example, the IRS and the Depart-ment of the Treasury (Treasury) have not issued proposed regulations with respect to the funding rules under Section 409A(b). Important Section 409A regulations governing the calculation of the tax in case of a violation have not been finalized, even though the proposed regulations were released in 2008 (amendments to the proposed regulations regard-ing Section 409A income inclusion principles were issued in 2016). So, much guidance is yet to come on Section 409A from the government, and case law will undoubtedly proliferate as disputes relating to Section 409A arise. Each release of new guidance and each new opinion will inevitably lead to additional questions.
This third edition is another helpful step toward addressing the important questions routinely raised by this complicated and broadly applicable law.
ABA Book Publishing
9781641050203
458
1620752
6 x 9 paperback
11/28/2017 12:00:00 AM
Publications | Book
ABA Consumer Guide to Asset Protection: A Step-by-Step Guide to Preserving Wealth
Audio and Video | On-Demand CLE
1031 Investment Exchanges
Audio and Video | On-Demand CLE
Beyond Boolean: Generative AI Research Skills for the Modern Tax Attorney
Audio and Video | On-Demand CLE
Qualified Charitable Distribution (QCD): What It Is, How It Merges Donor and Donee Objectives [CC]
Jun
27
Events | Webinar
Employee Benefits Review: M&A Transactions and Developments Affecting Defined Contribution Plans
CLE 180 min
This two-part hybrid program is designed for benefits professionals navigating the complexities of mergers and acquisitions (M&A) and regulatory developments in defined contribution plans.
Jun
18
Events | In-Person
17th Annual U.S. and Latin America Tax Practice Trends Conference
CLE 60 min
This year's conference will focus on practical tax practice trends for multinational corporations and their international advisors, as well as provide insight into how government tax officials may vi…
Jun
11
Events | Webinar
Women in Tax Forum Zoom Tea: Christina King & Chelsy Lutz
Empowering, supporting, and celebrating women to build powerful tax careers and lives.