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New IRC Section 457A: Nonqualified Deferred Compensation from 'Tax Indifferent' Entities to Be Subject to more Immediate Income Inclusion
Deloitte 
[Guidance Overview] Oct. 15, 2008
Excerpt: Attached as a revenue raiser to the Emergency Economic Stabilization Act (H.R. 1424), new IRC § 457A will impose more restrictive income timing rules on nonqualified deferred compensation from 'tax indifferent' entities. Aimed at offshore hedge and private equity funds and at other service recipients that are not subject to U.S. income tax, IRC § 457A requires income inclusion when there is no substantial risk of forfeiture -- which exists only if the right to the compensation is 'conditioned upon the future performance of substantial services.'
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