Market Areas > Corporate Finance > Defined Compensation

Code Section 409A: Ensuring Year-End Deadline Compliance

Course Description:

All nonqualified deferred compensation arrangements must be in written compliance with the final Internal Revenue Code Section 409A regulations by December 31, 2008.   All employers may be subject to Section 409A, including small businesses, public companies, private companies, non-profit entities, and government offices. 

Failure to comply with Section 409A could result in significant adverse income tax consequences to your employees.  If you fail to comply, vested deferred compensation amounts of the employee or independent contractor will be immediately taxable and will be subject to an additional 20 percent tax, plus interest. The employer providing the deferred compensation could also be subject to penalties if it fails to withhold taxes or report the income.

Find out how to identify what plans and arrangements are subject to Section 409A and how to get those plans into compliance in this critical CCM audio conference.  From elections and distributions to withholding and reporting requirements, you’ll know the ins and outs on how to handle and process these plans accurately and efficiently.

By the end of this invaluable 75-minute session, you’ll also know:

• What is and what is not nonqualified deferred compensation subject to Section 409A
• Exceptions to this definition
• How they should be handled (e.g., short-term deferrals, certain equity compensation, restricted property, determination of fair market value, good reason terminations, separation pay arrangements)
• When election requirements must be made and when re-deferrals are permitted
• Distribution rules — when are they permitted and the allowable delays to distribution timing
• Special 2008 Transition Rules – act now before they disappear
• Reporting Requirements 101: All the facts on Form W-2 and 1099 reporting of deferrals and earnings

Featured Faculty:

John A. Reade, Jr., Partner, Duane Morris Corporate Practice Group and the Duane Morris Employee Benefits and Executive Compensation Practice Group.

Mr. Reade employee benefits practice encompasses the entire area of employee benefits, including executive compensation and severance agreements, qualified and nonqualified plans, health and welfare plans, ERISA litigation, employee benefits issues in corporate transactions, fiduciary related issues involving prohibited transactions and qualified plan advice and representation of clients before the DOL, IRS and PBGC. Mr. Reade corporate practice encompasses general corporate law with an emphasis on commercial finance.

Mr. Reade is a 1994 magna cum laude graduate of Syracuse University College of Law, where he was a member of the Syracuse University Law Review, and a magna cum laude graduate of Syracuse University.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

Pricing:

Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

Each CCM event presents a variety of information and is presented for each organization to develop its own approach and methodology.