Client Alert
Last Chance for Correcting Code Section 409A Related Plan Document Failures in Nonqualified Deferred
November 1, 2010
This is a reminder that the deadline for correcting document failures of nonqualified deferred compensation plans under IRS Notice 2010-6 is December 31, 2010. IRS Notice 2010-6 permits correction of many common types of plan document failures while avoiding the severe adverse tax consequences of 409A violations. Certain corrections can be made after December 31, 2010, but penalties will apply. Therefore, it is important that any necessary action be taken promptly.
The December 31, 2010, deadline for correction under IRS Notice 2010-6
As discussed in previous Client Alerts, Code Section 409A imposes restrictions on the design, operation and administration of nonqualified deferred compensation arrangements. Earlier this year, the Treasury Department and the Internal Revenue Service issued Notice 2010-6, which provides methods for voluntarily correcting certain types of failures to comply with the document requirements of Code Section 409A. The purpose of the program is to encourage the review of nonqualified deferred compensation plans for provisions that do not comply with Code Section 409A and to correct those provisions promptly.
Click here to read our client alert discussing the new SEC say on pay proposals.
The December 31, 2010, deadline for correction under IRS Notice 2010-6
As discussed in previous Client Alerts, Code Section 409A imposes restrictions on the design, operation and administration of nonqualified deferred compensation arrangements. Earlier this year, the Treasury Department and the Internal Revenue Service issued Notice 2010-6, which provides methods for voluntarily correcting certain types of failures to comply with the document requirements of Code Section 409A. The purpose of the program is to encourage the review of nonqualified deferred compensation plans for provisions that do not comply with Code Section 409A and to correct those provisions promptly.
Click here to read our client alert discussing the new SEC say on pay proposals.
Womble Carlyle client alerts are intended to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances, nor should they be construed as advertisements for legal services.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice within this client alert is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in a client alert.
