The 409A Deadline Has Passed — Or Has It?

Law360, New York (February 19, 2009, 12:00 AM EST) -- Dec. 31, 2008, marked the end of the transition period for the amendment of plan documents to comply with the applicable requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the Code). Having just completed the amendment process, employers and employees affected by 409A may believe that they are “done with 409A.” Are they? The answer is an emphatic no.

Section 409A of the Code requires that each deferred compensation plan comply, both in form and operation, with detailed and complex tax...
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