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Do the New IRS Nonqualified Plan Audit Guidelines Mean Section 409A Audits Are Coming?
Foley & Lardner LLP 
[Guidance Overview] July 21, 2021 "[T]he 2021 Guide is ... clearly intended to be used as a reference to assist IRS auditors as they audit nonqualified deferred compensation plans.... What we do know is that [1] audit activity in this area has declined in recent years, but that the IRS has requested substantial budget increases, [2] Congress may be inclined to encourage more enforcement in this area to help fund certain other government initiatives, and [3] with this new 2021 Guide, the IRS is prepared to audit more nonqualified deferred compensation plans." |
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