Guest Salvador A Mander Posted January 17, 2012 Posted January 17, 2012 Does anyone know if a NQP benefit in the form of installments can qualify for deferral under section 1035?
ETA Consulting LLC Posted January 18, 2012 Posted January 18, 2012 No. Tyically, NQP's are paid out as W-2. You will need exact details on what you are trying to do since the types of NQP are broad. Good Luck! CPC, QPA, QKA, TGPC, ERPA
Guest Salvador A Mander Posted January 18, 2012 Posted January 18, 2012 No. Tyically, NQP's are paid out as W-2. You will need exact details on what you are trying to do since the types of NQP are broad.Good Luck! Thank you very much, ERISAToolkit. Are you aware of the citation or other general source for the principle that W-2 wages are not considered payments under an annuity contract, even though a plan pays benefits in annual installments?
jpod Posted January 18, 2012 Posted January 18, 2012 Payments of deferred comp. are reportable on W-2 if it was earned the individual's capacity as an employee (with an exception if the payment is to the employee's death beneficiary), or a 1099-Misc if it was earned as an independent contractors. Sal, how the money is paid out has no impact on this. There are many possible citations, but I would send you first to the W-2 and 1099-Misc instructions. However, I am confused and also curious about your reference to Section 1035. Can you expand the details behind your question? Perhaps toolkit and I are trying to answer a question you didn't intend to ask.
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