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Funding deferred compensation with "notes"


Guest Doug Johnston

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Guest Doug Johnston

Our client would like to "fund" its nonqualified deferred compensation plan by issuing notes to the participants. The notes would be secured by company assets and would entitle the participant to annual interest payments, but the principal would be contingent upon completion of a specified number of years of service. Obviously, the annual interest payments would be taxable income to the participants, but the principal (although secured) would be subject to forfeiture. I realize there are other ways to secure deferred compensation, but this is the method the owner dreamed up. Are there any holes in it?

Also, the company is part of a controlled group. The owner would like to count the "select group" of key employees based on the whole group, but actually offer it disproportionately to key employees employed by the parent company. Is there any guidance on this?

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Guest wmacdonald

To me, this is a complex approach to something that could be a lot easier, like a letter of credit etc. Why do you want to go this untested complex way?

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