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Correcting Operational and Document Failures to …

Correcting Operational and Document Failures to Comply with IRC Section 409A by Dodd S. Griffith, Esq., Gallagher, Callahan & Gartrell, PC and Kenneth C. Wolfe, CPA, Nathan Wechsler & Co., PA November, 2012 Contents Correcting Operational and Document Failures to Comply with IRC Section 3 Overview .. 3 What is the Basic Purpose of Section 409A? .. 4 In a Nutshell, How does Section 409A Work? .. 5 What Compensation is Covered by Section 409A? .. 9 What Compensation is Exempt from Section 409A? .. 10 Who is Impacted by a failure to comply with Section 409A? .. 13 What Current IRS Audit Initiatives Focus on Compliance with Section 409A? .. 14 What Correction Programs are Available for Noncompliance with 409A? .. 19 Correction Programs for Operational Failures .. 19 Overview .. 19 What are Operational Failures ? .. 20 Which Operational Failures can be Corrected Using the Corrective Procedure?

3 Correcting Operational and Document Failures to Comply with IRC Section 409A Overview A surprising range of agreements include an …

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