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Executive Comp Programs Still on the Chopping Block in Senate Version of Tax Reform (PDF)
Trucker Huss Nov. 14, 2017
"[The proposed Code section 409B would exclude] from the definition of non-qualified deferred compensation death, disability, sick leave, compensatory time and vacation leave programs. Unfortunately, the Senate proposal specifically prohibits the IRS from creating an exception from these rules for any type of severance pay plan, which means employers would no longer be able to provide for multiyear severance pay or benefits.... However, the Senate proposal states that it would not apply to section 83 property or amounts contributed to a Code section 402(b) nonqualified employee trust."
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