Section 409A is intended to regulate deferred compensation arrangements. It was enacted, in part, in response to the practice of Enron executives accelerating the payments under their deferred compensation plans in order to access the money before Enron’s bankruptcy, and also in part in response to a history of perceived tax-timing abuse.
Fenwick attorneys Hans Andersson and Marshall Mort discuss 2018 compliance strategies for nonqualified deferred compensation plans as well as implications of tax reform, definition of payment, exemptions, permitted payments, remedies and more. The presentation, “409A Guidance on Nonqualified Deferred Compensation Plans: Compliance Strategies, March 2018,” was first given at a Strafford Continuing Education webinar.
View the presentation here: