Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 02 MAY 2007

Treasury And IRS Issue Long-Awaited Final 409A Regulations

Chadbourne & Parke LLP
Explore more from Chadbourne & Parke LLP

Recently, the Treasury Department and Internal Revenue Service issued long-awaited final regulations under Internal Revenue Code Section 409A. The Treasury and IRS have been working on these final regulations for over 18 months, since they issued the proposed regulations under 409A in late September 2005.

United StatesTax
William Cavanagh
William Cavanagh

Recently, the Treasury Department and Internal Revenue Service issued long-awaited final regulations under Internal Revenue Code Section 409A. The Treasury and IRS have been working on these final regulations for over 18 months, since they issued the proposed regulations under 409A in late September 2005. The final regulations and commentary total almost 400 pages and cover a number of key areas. To view the new guidance, prior guidance and our client alerts on 409A, click here.

Some highlights of the final regulations:

Transitional Relief Not Extended Beyond 2007

. The final regulations apply generally for taxable years beginning on or after January 1, 2008. In late 2006, the Treasury and IRS extended certain deadlines for complying with 409A until the end of 2007 (including, for example, the deadline to amend plan documents to comply with 409A). The final regulations do not extend the December 31, 2007 deadline. This means that plans subject to 409A must be amended by the end of

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

GENIUS Act Crypto Tax Guide 2025-2026: What US Investors, Businesses, And Taxpayers Need To Know About The New Stablecoin Law, Form 1099-DA, And Digital Asset Regulation

The United States cryptocurrency regulatory landscape has undergone its most dramatic transformation in history. The signing of the GENIUS Act into law on July 18, 2025 — the first comprehensive federal crypto statute ever enacted — marks a before-and-after moment for American digital asset law.
United StatesTax
Rotfleisch & Samulovitch P.C.
Rotfleisch & Samulovitch P.C.
Article

A 5% Wealth Tax? Preparing Clients For California's Billionaire Tax Act

California's proposed Billionaire Tax Act would impose a onetime 5% excise tax on individuals and trusts with assets exceeding $1 billion, creating unprecedented challenges for estate planners. The retroactive application and anti-abuse provisions raise critical questions about the treatment of grantor trusts, non-grantor trusts, and beneficiary interests that deviate significantly from established federal wealth transfer tax principles.
United StatesTax
Withers LLP
Withers LLP
Article

IRS Proposes New Racial Nondiscrimination Regulations For Tax-exempt Private Schools

The US Treasury and IRS have proposed regulations that would eliminate longstanding exceptions allowing tax-exempt private schools to maintain race-conscious admissions and scholarship policies. Following the Supreme Court's decision in Students for Fair Admissions v. Harvard, these rules would apply to all private educational institutions, including K-12 schools not directly affected by that ruling, and could result in loss of tax-exempt status for noncompliance.
United StatesTax
McDermott Will & Schulte
McDermott Will & Schulte
Article

Proposed IRS And Treasury Rules Tie Racial Nondiscrimination To Tax-Exempt Status For Private Schools And Universities

On September 3, 2026, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations under Section 501(c)(3) that could materially affect private education in the United States. The proposal would apply a broad nondiscrimination standard based on race, color and national or ethnic origin, with significant implications for private schools, colleges and universities seeking or maintaining tax-exempt status under Section 501(c)(3).
United StatesTax
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney