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ARTICLE · 02 MARCH 2007

409A Written Amendment Deadline Likely To Be Delayed

Husch Blackwell Sanders LLP
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As you know, we have been awaiting final regulations under Internal Revenue Code Section 409A. 409A governs "non-qualified deferred compensation." The IRS had previously set a Dec. 31, 2006, deadline to amend documents to comply with 409A.

United StatesTax
Mark Welker
Mark Welker

Originally published 18th September 2006

As you know, we have been awaiting final regulations under Internal Revenue Code Section 409A. 409A governs "non-qualified deferred compensation." The IRS had previously set a Dec. 31, 2006, deadline to amend documents to comply with 409A.

Dan Hogans stated at a recent presentation on 409A that the regulations will be issued this fall. Mr. Hogans is a Treasury Department official assigned to the 409A regulation project. He remarked that the original deadline for amendments of Dec. 31, 2006, will likely be delayed. He said that the final regulations will reflect many changes due to comments made on the proposed regulations.

The likelihood of an extension does not change the fact that good faith compliance with 409A has been required since Jan. 1, 2005. Therefore, it is important to identify all arrangements and circumstances that might involve 409A issues.

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