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Correcting Operational and Document Failures to Comply ...

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 ?

4 What is the Basic Purpose of Section 409A? The purpose of Section 409A is to deny the recipient of deferred compensation any and all discretionary rights to control the time at which deferred compensation is ultimately paid, or

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