Regs and Guidance
Nonqualified Plans
Successfully establishing and operating a nonqualified benefit plan requires a working knowledge of the rules and regulations governing such plans. Because the IRS can assess tax penalties for noncompliance, it is imperative that clients not only understand the rules, but also assemble a team of advisors to assist them in applying the regulations. The sections below provide references to pertinent regulations applicable to nonqualified benefit plans.
Section 409A
Section 409A Final Regulations - Nonqualified Deferred Compensation PlansSection 409A Final Regulations - Nonqualified Deferred Compensation PlansCode Section 409A
Technical Corrections to Section 409ATechnical Corrections to Section 409ACode Section 409A
Operational Compliance Relief and GuidanceOperational Compliance Relief and GuidanceNotice 2008-113
Reporting and Wage Withholding Under Section 409AReporting and Wage Withholding Under Section 409ANotice 2008-115
Documentary Compliance Relief and GuidanceDocumentary Compliance Relief and GuidanceNotice 2010-6
Modifications to Documentary Compliance Relief and GuidanceModifications to Documentary Compliance Relief and GuidanceNotice 2010-80
Tax Exempt Organizations
Deferred Compensation Plans of State and Local Governments and Tax Exempt OrganizationsDeferred Compensation Plans of State and Local Governments and Tax Exempt OrganizationsCode Section 457
457(f) Treasury Regulations457(f) Treasury RegulationsCode Section 457
Excluded Bona Fide Severance Pay Plans Under § 457(e)(11) and Amounts Subject to a Substantial Risk of Forfeiture Under § 457(f)Excluded Bona Fide Severance Pay Plans Under § 457(e)(11) and Amounts Subject to a Substantial Risk of Forfeiture Under § 457(f)Notice 2007-62
ERISA
Alternative method of compliance for pension plans for certain selected employeesAlternative method of compliance for pension plans for certain selected employees29 CFR 2520.104-23
Exemption for welfare plans for certain selected employeesExemption for welfare plans for certain selected employees29 CFR 2520.104-24
FICA/FUTA
Reporting Back Pay and Special Wage Payments to the Social Security AdministrationReporting Back Pay and Special Wage Payments to the Social Security AdministrationSSA Publication 957
FICA Taxation of Amounts Under Employee Benefit PlansFICA Taxation of Amounts Under Employee Benefit PlansTreasury Regulation 31.3121(v)(2)-1&2
FUTA Taxation of Amounts Under Employee Benefit PlansFUTA Taxation of Amounts Under Employee Benefit PlansTreasury Regulation 31.3306(r)(2)-1