WASHINGTON — The Treasury Department and the Internal Revenue Service announced today a Dec. 31, 2008 deadline to bring documents into compliance with the final nonqualified deferred compensation regulations under section 409A of the Internal Revenue Code.
In April, Treasury and IRS issued final 409A regulations, which provided guidance regarding the requirements for deferral elections and payment timing under section 409A. Affected plans and arrangements were required to comply with the final regulations by Dec. 31, 2007. IRS Notice 2007-78 extends the document compliance deadline for one year and provides additional limited transition relief, but does not extend the Jan. 1, 2008 effective date of the final regulations.
Notice 2007-78 also announces that Treasury and the IRS anticipate issuing guidance containing a limited voluntary compliance program that will permit corrections of certain unintentional operational violations of section 409A.
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According to CUNA, for the most part, the final regulations retain the substance and format of the proposed regulations. The final rules clarify and provide more detail on certain provisions, including: clarification of the term "substantial risk of forfeiture"; definition of "separation from service"; expanded exceptions from 409A for certain separation payments; rules governing nonqualified plans that are linked to qualified plans; and written plan document requirements.
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