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Responsibility to Amend Plan


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Guest clfideler
Posted

I've been searching through the Regulations and have not found the answer I'm looking for...Can anyone confirm that the Regulations place the responsibility to amend the plan to come into compliance with 409A on the plan sponsor? Thank you.

Posted

The first two questions in any legal analysis are: So what? and Who cares? There is no "responsibility" for 409A changes. I will help with the "so what" -- taxable income and penalties. Now see where "who cares" takes you.

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