Are There Securities Regulation Issues With Respect to Nonqualified Deferred Compensation Plans?
The answer is uncertain. At a meeting of the Securities and Exchange Commission (SEC), an SEC spokesperson stated that the … Read more
Nonqualified Deferred Compensation
Can a Tax-Exempt Organization Implement a Nonqualified Deferred Compensation Plan?
Yes. However, nonqualified deferred compensation plans of tax-exempt organizations are subject to special rules per Code section 457(f). This Code … Read more
Can Nonqualified Deferred Compensation Plans be Used by a Partnership?
A partnership or LLC, for tax purposes, is essentially a conduit through which the income and deductions of the business … Read more
Does it Make Sense to Voluntarily Defer Compensation?
Many attorneys and accountants have asked just the question if it makes sense to voluntarily defer compensation. Understanding the complexity … Read more
What is the Economic Benefit Theory?
Under the economic benefit theory, an employee is currently taxable whenever he receives something of value that is the equivalent … Read more
How Pension Law Affected Nonqualified Deferred Compensation
The trend of tax law in the qualified retirement plan area is one of increasing costs, increasing limitation on the … Read more
Where Does Life Insurance Fit in a Nonqualified Deferred Compensation Plan?
Life insurance is the tool of preference to finance an employer’s promises under a nonqualified plan. Typically, the employer purchases … Read more
Financing Vehicles With the Nonqualified Deferred Compensation
The use of the term “finance” is a reminder that the distinction between financing and funding is an important one. … Read more
The Constructive Receipt Doctrine of Nonqualified Deferred Compensation
Under the constructive receipt doctrine, an amount becomes currently taxable to a cash basis taxpayer, even before it is actually … Read more
Tax Implications of Nonqualified Deferred Compensation
In a properly drafted plan (one which avoids constructive receipt, the economic benefit doctrine, and Code section 83, and is … Read more