Most executives who participate in non-qualified deferred compensation plans spend more time thinking about how much to defer than about the rules governing when they can get it back. That is a costly ...

As year-end approaches, it is an opportune time for companies to run an internal audit of their nonqualified deferred compensation plans to flag any potential violations of IRC Section 409A (“Section ...

On March 28, the Biden Administration submitted its Fiscal Year 2023 budget proposals reflecting its budget and tax policy priorities, which could surface when Congress resumes work on budget ...

Under Section 409A, a covered plan must be compliant both in form (documentation) and operation (administration). Therefore, there are certain minimum requirements for plan documentation to comply ...

IRC Section 409A has statutorily codified the use of rabbi trusts subject to certain limitations on their use. Since enactment of the Section 409A(b) funding rules, there have been three funding ...

While the deadline for amending most non-qualified deferred compensation arrangements to comply with Section 409A has passed, employers may still have a chance to bring certain “non-vested” ...

What are the risks and benefits of these rules? The main risk is posed by a failure to understand how and when these rules apply, which will lead to costly violations. The principal benefit of Section ...

This article originally appeared on the First Republic website. Receiving a 409A valuation is an essential step toward scaling your startup and reaching your business goals, as it allows you to issue ...

Editor’s Notes: Deborah B. Andrews is a member of the Business and Tax Practice Groups at Ward and Smith, P.A. The compliance deadline of December 31, 2008, has passed and all deferred compensation ...

This post may contain links from our sponsors and affiliates, and Flywheel Publishing may receive compensation for actions taken through them. Most executives who participate in non-qualified deferred ...