Section 409a Deferred Compensation

Under irc section 409a the 4 500 from 2016 is considered non qualifying deferred compensation that meets the requirements of the code. If irc 409a requires an amount to be included in gross income the statute imposes a substantial additional tax which is assessed against the employee service provider and not the employer service recipient. Irc 409a a 1 a amounts deferred and subject to inclusion under section 409a a 1 a are also subject to a penalty tax of 20 of the amount included the additional 20 tax in income.

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