Section 409A Overview

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Section 409A is a new section of the Internal Revenue Code that deals specifically with nonqualified deferred compensation plans. It was created as part of the American Jobs Creation Act of 2004, which was passed by Congress and signed into law in October 2004.

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Latest News & Background Information

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01/09/2008 Treasury, IRS Establish a Limited Corrections Program for Certain IRS §409A Operational Errors
10/24/2007 IRS Suspends Deferral Reporting for 2007 and Provides Interim Guidance on Reporting and Withholding Requirements for IRC §409A Violations
10/23/2007 Treasury, IRS Provide Full Extension of Key §409A Deadlines to December 31, 2008
09/14/2007 Treasury, IRS Provide Limited Extension to §409A Documentary Compliance Deadline
08/15/2007 IRS Provides Informal Guidance on Final §409A Regulations
07/13/2007 Application of Section §409A to Nonqualified Deferred Compensation Plans; Final Rule
07/12/2007 Corrections to Final Regulations
05/24/2007 The §409A Final Regulations: An Overview for Plan Sponsors - Telebriefing for Banking Clients
05/22/2007 The §409A Final Regulations: An Overview for Plan Sponsors - Telebriefing for Corporate Clients
05/01/2007 In-Depth Analysis of Summary of Final Treasury Regulations for §409A
04/10/2007 Treasury Releases Final §409A Regulations
12/01/2006 IRS Suspends Deferral Reporting for 2006 and Provides Interim Guidance on Reporting and Withholding Requirements for IRC §409A Violations
10/04/2006 Treasury Extends Key Section 409A Deadlines to December 31, 2007
10/04/2006 Additional Transition Relief Under Section 409A Notice 2006-79
06/19/2006 AALU Bulletin No: 06-70
Update on Section §409A Guidance
05/22/2006 Plan Sponsor's Guide to Identifying Key Issues Related to Mid-Year Elections for "Performance-Based Compensation" under §409A
03/27/2006 Limited §409A Transition Relief Provided for Offshore Trusts and Financial Health Triggers
03/27/2006 Notice 2006-33
12/09/2005 IRS Suspends §409A Reporting and Withholding Requirements for 2005
12/09/2005 Notice 2005-94
11/08/2005 Plan Sponsors’ Guide to Identifying Key Year End Issues: Frequently Asked Questions
10/12/2005 The 409A Proposed Regulations: An Overview for Plan Sponsors – Telebriefing for Bank Clients
(Available for banking clients of Clark Consulting through the Clients Only section.)
10/10/2005 Summary of Proposed Treasury Regulations for Section 409A
09/29/2005 Treasury Releases Proposed Section 409A Regulations
09/29/2005 409A Proposed Regulations - full Treasury document
08/29/2005 Deferred Compensation and 409A: Why Executives Should Care
07/06/2005 Additional 409A Guidance Expected in August or September
05/23/2005 June 30 Deadline for Bonus Deferral Elections Rapidly Approaching
03/08/2005 March 15 Deadline for Deferral Elections Rapidly Approaching
02/01/2005 Nonqualified Deferred Compensation: Industry Trends and New Legislation
01/24/2005 Summary of Key Deadlines Under Notice 2005-1
01/07/2005 Treasury Issues Clarification of Transition Rules for 409A
01/07/2005 Announcement: Clarification of Certain Transition Rules in Notice 2005-1
12/22/2004 Treasury Releases Initial Guidance on 409A
10/11/2004 Congress Passes FSC-ETI Bill

 

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