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Section 409A: Answers to 200 Frequently Asked Questions

Section 409A: Answers to 200 Frequently Asked Questions

Author: Brian W. Berglund; Louis R. Richey
Publisher: American Bar Association
ISBN: 9781614389774
Published In: July 2013
Format: Paperback , 266 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Got detailed questions about Code Section 409A? This book has all the answers!

This impressive book has over 200 questions on 409A's answered with more detailed content than ever, including important corrective process material! This digestive book by experienced attorneys Berglund and Richey not only provides concise, understandable and accurate answers to Section 409A, but also helpful hints and pointers, and includes all the latest developments. Regardless of your question, you are going to find the quick answer to your most frequently questions and/or the source of your answer in this book.

Importantly, all 200 questions & answers are cross-referenced as appropriate and the book also provides the citations for each questions & answer to get you into more detailed research quickly. And - this new Edition has additional checklists and forms, including a new 409A document drafting checklist, based upon the requirements of Section 409A. And, the book still contains the useful Exhibits from the first editions, like the Performance-Based Compensation Summary Checklist as well as the Summary Matrix for operational error correction. It also contains substantial and complete new content covering correction of documentation and operational errors under Notice 2010-6 and 2010-80.

By now, practitioners and their clients recognize Code Section 409A and its thousands of pages of guidance are complex and confusing but are important as fundamental income tax law for all nonqualified deferred compensation plans. It covers includes almost all executive compensation and benefits plans (even for a single person), and even some employee benefit plans, like expense and medical reimbursement plans. The scope and details of Section 409A are so far-reaching that it is important even if you are seeking to avoid its application.

In this book, two attorneys - with long experience with compensation and benefit plans, including administration of nonqualified plans - have incorporated all this Section 409A material into a user-friendly format that enables both expert and novice users to get into the core of almost every question that most frequently arises under Section 409A. For quick answers to a Section 409A question, or as a short-cut to get into research quickly, this second and greatly expanded edition cannot be beat.

However you interact with Section 409A, as an attorney, accountant, actuary, compensation& benefits consultant, plan administrator, human resource professional, insurance professional, financial or estate planner and even as a plan participant, this new Edition is for you. If you can only have one book on Section 409A on your desk, in your library and briefcase, this is that ONE BOOK.
- SECTION 1. PLANS SUBJECT TO (EXCEMPT FROM) SECTION 409A
- SECTION 2. DOCUMENTATION REQUIREMENTS
- SECTION 3. SHORT-TERM DEFERRAL EXCEPTION
- SECTION 4. DISTRIBUTION EVENTS
- SECTION 5. ACCELERATION OF BENEFITS
- SECTION 6. TAX CONSEQUENCES
- SECTION 7. PLANS SUBJECT TO SECTION 409A WHICH HAVE HISTORICALLY BEEN CONSIDERED DEFERRED COMPENSATION PLANS
- SECTION 8. SERVICE PROVIDER ELECTIONS UNDER DEFERRED COMPENSATION PLANS SUBJECT TO SECTION 409A
- SECTION 9. SEVERANCE PLANS
- SECTION 10. STOCK-BASED PLANS
- SECTION 11. EMPLOYMENT AGREEMENTS
- SECTION 12. SPLIT DOLLAR LIFE INSURANCE AND OTHER LIFE INSURANCE ARRANGEMENTS
- SECTION 13. FOREIGN PLANS
- SECTION 14. LIMITATIONS ON LINKING PLANS
- SECTION 15. FUNDING
- SECTION 16. ENFORCEMENT
- SECTION 17. MITIGATION OF SECTION 409A VIOLATIONS-DOCUMENTARY ERRORS
- SECTION 18. MITIGATION OF SECTION 409A VIOLATIONS-DOCUMENTARY ERRORS
- SECTION 19. MITIGATION OF SECTION 409A VIOLATIONS-WHEN IS A TAXPAYER DISQUALIFIED BY BEING UNDER IRS EXAMINATION
- SECTION 20. EFFECTIVE DATES
- SECTION 21. EXHIBITS, CHECKLISTS AND FORMS