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ARTICLE · 02 JUNE 2005

Global Insight

Last fall Congress passed the American Jobs Creation Act of 2004 (the Act), which made extensive changes to tax laws governing executive compensation. This third segment of a four-segment series focuses on the changes in basic rules for nonresident aliens, and stock compensation of insiders in inverted corporations.

GlobalTax

This article has been prepared by professionals in the member firms of Deloitte Touche Tohmatsu

AMERICAN JOBS CREATION ACT SIGNIFICANTLY ALTERS LANDSCAPE OF DEFERRED COMPENSATION, PART 3

Last fall Congress passed the American Jobs Creation Act of 2004 (the Act), which made extensive changes to tax laws governing executive compensation. This third segment of a four-segment series focuses on the changes in basic rules for nonresident aliens, and stock compensation of insiders in inverted corporations.

Basic Rules for Nonresident Aliens

Foreign Pension Plans --

Prior to the Act, a resident alien’s basis (i.e., investment in the contract) in a funded foreign pension plan generally included amounts contributed to the plan by both the employer and the employee, even if these amounts were not previously taxed in any tax jurisdiction. This was generally the case when an alien individual performed services and contributed to a funded foreign pension plan during a period of non-U.S.

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