Business Services Industry
Closely held employers and Sec. 409A.
Tax Adviser, The, March, 2007 by Altieri, Mark P.
EXECUTIVE SUMMARY
* Sec. 409A's definition of NQDCAs is extremely broad and potentially ensnares employment, severance and bonus arrangements.
* Most deferral arrangements are subject to Sec. 409A, unless specifically excluded.
* A tax adviser must determine whether an NQDCA is subject to a substantial risk of forfeiture or inherently suffers from a plan failure.
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Sec. 409A potentially affects every nonqualified deferred-compensation arrangement (NQDCA). This article analyzes Sec. 409A's particular applicability to the types of NQDCAs more commonly maintained by closely held employers.
Most practitioners are aware that a new and sweeping provision, Sec. 409A, was added to the Code by the American Jobs...
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