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Year End Tax Planning: Consider Accelerated Recognition of Accrued SERP Benefits for FICA Purposes
Michael Melbinger via Winston & Strawn LLP
[Guidance Overview] Nov. 23, 2009 Excerpt: Under Treas. Reg. ? Reg. ?31.3121(v)(2)-1(e)(4), the plan sponsor/employer under a nonaccount balance plan ? such as a defined benefit SERP ? may delay taking into account for FICA purposes the benefit amounts accrued until the amounts are 'reasonably ascertainable.' An amount deferred under a nonaccount balance plan is not 'reasonably ascertainable' as long as it is necessary to use any assumptions other than interest, mortality, and cost of living assumptions to value the benefit. In practice, this means a defined benefit SERP or excess plan often provides a benefit that does not need to be taken into account until the employee retires. Ordinarily, this is good, as it avoids withholding taxes before earnings are paid to the employee. MORE >> |
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