Section 409A Alert

Estate planners need to identify Internal Revenue Code Section 409A issues when advising executives and professionals who participate in nonqualified deferred compensation plans. The final regulations' effective date Jan. 1, 2008 is fast approaching and the impact could be severe on your clients if the plans in which they participate don't comply. The American Jobs Creation Act of 2004 added Section

Estate planners need to identify Internal Revenue Code Section 409A issues when advising executives and professionals who participate in “nonqualified deferred compensation plans.” The final regulations' effective date — Jan. 1, 2008 — is fast approaching and the impact could be severe on your clients if the plans in which they participate don't comply.

The American Jobs Creation Act of 2004 added Section 409A to the IRC.1 Since its enactment, this section has been a topic

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