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ARTICLE · 12 JULY 2007

Are You Ready For Section 409A?

Powell Goldstein LLP
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The IRS recently issued final regulations interpreting the requirements imposed on nonqualified deferred compensation arrangements by Section 409A of the Internal Revenue Code.

United StatesEmployment and HR

The IRS recently issued final regulations interpreting the requirements imposed on nonqualified deferred compensation arrangements by Section 409A of the Internal Revenue Code. The final regulations are effective January 1, 2008. All nonqualified deferred compensation arrangements must be in written compliance with the final regulations by December 31, 2007.

All employers may be subject to Section 409A, including small businesses, public companies, private companies, non-profit entities, and governments and governmental units.

Common types of arrangements that may be subject to Section 409A include:

  • Traditional nonqualified deferred compensation plans
  • Phantom stock

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