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Text of Proposed IRS Regs: Calculation of Taxable Income When Nonqualified Deferred Comp Plan Fails 409A Requirements
Internal Revenue Service [IRS]
[Official Guidance] Dec. 8, 2008
24 pages. These regulations should not be relied upon for 2008 plan years until further guidance is issued. Excerpt: The Treasury Department and the IRS anticipate issuing interim guidance during 2008 addressing the extent to which taxpayers may rely on the proposed regulations with respect to the calculation of the amounts includible in income under section 409A(a) and the calculation of the additional taxes under section 409A(a). The interim guidance is also expected to address the calculation of the amounts includible in income and additional taxes under section 409A(b) and service recipient reporting and withholding obligations with respect to amounts includible in income under section 409A(a) or (b) for taxable years beginning before the final regulations become applicable. The Treasury Department and the IRS anticipate that such interim guidance will provide that taxpayers may rely upon the proposed regulations in their entirety (but that taxpayers may not rely on part, but not all, of the proposed regulations).
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