Revised 409A Alert - The IRS has further delayed the deadline for full compliance with the 409A Regulations. You now have until January 1, 2009 to fully comply in operation before facing a 20% penalty tax, interest charges and a tax on your vested interest.
You still need to operate plans in good faith compliance with the statute now. As a result, it is still necessary to identify plans subject to 409A and determine your compliance approach:
Calfee is nationally recognized for our employee benefits and executive compensation programs. We represent publicly and privately held corporations, non-profit organizations, jointly trusted retirement and welfare benefit plans, banks and trust departments, and government entities in all phases of designing and administering employee benefit and retirement programs. In addition to extensive experience with tax-qualified retirement and employee welfare benefit plans, the group’s practice also has an intense focus on the design and implementation of sophisticated executive compensation programs, ESOPs, merger and acquisition matters and ERISA litigation.