409A Relief For Nonqualified Deferred Compensation Plan Document Failures

The IRS has issued a notice providing methods by which employers who have nonqualified deferred compensation plans may voluntarily correct specific types of failures to comply with plan document requirements under Code Section 409A and, in some cases, avoid or reduce the amount includible in a plan participant's income and additional taxes under 409A.

Section 409A generally provides that, unless certain requirements are met, amounts deferred under a nonqualified deferred compensation plan for all taxable years are currently includible in gross income to the extent not subject to a substantial risk of forfeiture and not previously included in gross income. Amounts includible in income under 409A are subject to a 20% additional tax and an interest charge.