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Nonqualified Deferred Compensation Audit Technique Guide

Publication 5528 (Rev. 6-2021) Catalog Number 37690C Department of the Treasury Internal Revenue Service Nonqualified Deferred Compensation Audit Technique Guide This document is not an official pronouncement of the law or the position of the Service and cannot be used, cited, or relied upon as such. This Guide is current through the revision date. Since changes may have occurred after the revision date that would affect the accuracy of this document, no guarantees are made concerning the technical accuracy after the revision date. The taxpayer names and addresses shown in this publication are hypothetical.

to substantial limitations or restrictions. See Treas. Reg. § 1.451-2(a). Whether an employee has constructively received an amount does not depend on whether the individual drew on funds, but whether he could have drawn on the funds without substantial limitations or restrictions.

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