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ARTICLE · 06 OCTOBER 2005

IRS Issues Proposed Regulations Relating to Deferred Compensation

Yesterday, the IRS issued proposed regulations under Code §409A. As discussed in our prior Cooley Alerts, §409A covers a wide range of nonqualified deferred compensation plans and arrangements and imposes a number of strict requirements that such plans and arrangements must satisfy in order for participants to avoid immediate taxation, an additional 20% tax, and interest on underpayments of tax.

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Article by Dan Meehan, Buff Miller, Thomas Reicher, David Walsh and Thomas Welk

Yesterday, the IRS issued proposed regulations under Code §409A. As discussed in our prior Cooley Alerts,1 §409A covers a wide range of nonqualified deferred compensation plans and arrangements and imposes a number of strict requirements that such plans and arrangements must satisfy in order for participants to avoid immediate taxation, an additional 20% tax, and interest on underpayments of tax.

Because the proposed regulations are over 200 pages long, the following discussion can only summarize some of the more important provisions. We intend to circulate a more extensive Cooley Alert shortly and also will devote one of the break-out sessions at our upcoming HR Network programs to the proposed regulations.

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