Deferred compensation arrangements must be in compliance with final §409A regulations no later than December 31, 2008. The final regulations contain numerous exceptions that permit both U.S. citizens and resident aliens working abroad, and non-resident alien individuals working within the United States, to accrue benefits under foreign plans that do not meet the Code 409A requirements. Where no exception applies, it will be necessary to amend the foreign arrangement to comply with the §409A requirements in order to avoid the §409A sanctions. This article summarizes the available exceptions and the requirements that must be met for them to apply.
Please click here to view the entire White Paper in Adobe PDF format.
(Adobe Acrobat Reader required, available for free download here)