Executive Compensation
Will the December 31, 2007 deadline for documentary compliance with the requirements of Code Section 409A, governing nonqualified deferred compensation, be extended?
Dan Hogans, attorney adviser in the Treasury's office of Tax Policy, stated in a June 21 forum on Section 409A: "There is no movement to extend the deadline. We have a final regulation with an effective date of January 1, 2008."
How do you determine if your company or organization has nonqualified deferred compensation that must be reviewed for compliance with the requirements of Code Section 409A? Hogans said if you meet the threshold criteria—a legally binding right to taxable compensation earned in one year and payable in a future year — you have a Section 409A issue that needs to be resolved. (We recently reviewed one executive employment contract in which there were 10 different Section 409A arrangements. The time to focus on Section 409A compliance is now.)