"The TCJA amendments to Code section 162(m) changed the definition of 'covered employee' so that once a person becomes a covered employee, the person remains a covered employee for all subsequent years. After this amendment, there is the potential that a nondeductible payment delayed under a nonqualified deferred compensation plan would never become deductible, or payable, because the employee will always be a covered employee.... [Plans that] provide for mandatory payment delays if the payment is not deductible under Code section 162(m) ... should be amended to avoid [this] potential payment trap[.]"

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