Topic
Nonqualified Deferred Compensation
33 published works
Compensation & Benefits Blog
FICA Tax: Navigating the Nonqualified Deferred Compensation Special Timing Rule
By Tyler Forni, David B. Teigman, Andrea Rattner
Compensation is generally subject to federal income tax and FICA tax when compensation is actually paid to an employee. However, nonqualified deferred compensation (NQDC) may be subject to FICA taxation…
The Benefit of Benefits
No Fooling Employers Should Consider An NQDC Plan For Pre-Tax Make-Up Contributions
By Scott E. Galbreath, J.D., LL.M (Tax)
Several studies continue to show the importance of nonqualified deferred compensation (NQDC) plans to attract and retain executive level talent for employers. See Study Shows The Need For Nonqualified Plans…
Asset Search Blog
Hiding Community Property At A Nonqualified Deferred Compensation Plan
By Fred Abrams
https://www.youtube.com/watch?v=qyLMP7GIUqY If your spouse is a highly paid key employee, your spouse may participate in a nonqualified deferred compensation plan offered by an employer. By using this kind of…
SW Benefits Blog
Short-Term Deferral Day is Right Around the Corner
By Greg Gautam
Section 409A, the provision of the Internal Revenue Code that regulates the time and form of payment of nonqualified deferred compensation, contains a helpful exception for “short-term deferrals.” Specifically, Section…
SW Benefits Blog
Updated Nonqualified Deferred Compensation Plan Audit Guide
By Greg Gautam
In June the Internal Revenue Service released an updated Nonqualified Deferred Compensation Audit Technique Guide. This updated Guide replaces the initial Guide published in 2015. While it is too early…
Hall Benefits Law Blog
NQDC Plans Aim to Mitigate Risk of Key Employee Early Retirement
By Anne Hall
The COVID-19 pandemic has brought about a number of changes to the American workforce, including shifts in how work actually gets done – or doesn’t get done. According to government…
Employee Benefits Law Report
IRS updates Nonqualified Plan Audit Technique Guide—Is a new enforcement initiative on the horizon?
By Greg Daugherty, Dave Tumen, Rich Helmreich
The Internal Revenue Service (IRS) recently updated its Nonqualified Deferred Compensation Audit Techniques Guide (NQDC). It released Publication 5528 (NQDC guide) on June 1, 2021. The IRS last updated the…
Hall Benefits Law Blog
Methods for Sheltering Nonqualified Plan Accounts in the Event of Employer Bankruptcy
By Anne Hall
From iconic retail brands like Neiman Marcus to popular entertainment venues like Chuck E. Cheese, business bankruptcies have escalated in 2020 due to the COVID-19 pandemic. Company executives invested in…
Employee Benefits Law Report
Public companies may need to amend nonqualified and incentive compensation plans by Dec. 31, 2020
Public company nonqualified plans and incentive plans may need to be amended to avoid a potential violation of Internal Revenue Code (IRC) Section 409A as a result of changes to…
Benefits Law Advisor
Does Your Nonqualified Plan Need to be Amended by December 31, 2020?
By Melissa Ostrower, Allan S. Friedland
Section 162(m) of the Internal Revenue Code (“Code”), which disallows the deduction by any publicly held corporation with respect to certain compensation paid to a covered employee over $1,000,000, was…