Sunday, December 7, 2008

IRS Issues Final 409A(a) Relief Procedures

From PlanAdvisor: IRS Issues Final 409A(a) Relief Procedures


The IRS Notice Here


"According to the IRS notice, the new procedures include:

Methods for correcting certain operational failures during the service provider's taxable year in which the failure occurs and, for certain service providers also during the subsequent taxable year, to avoid income inclusion under § 409A(a).

Relief limiting the amount includible in income under § 409A(a) for certain operational failures during a service provider's taxable year that involve only limited amounts.

Relief limiting the amount includible in income under § 409A(a) for certain operational failures regardless of whether the failure involves only limited amounts, but subject to further required actions to correct the failure.
Special transition relief for certain operational failures occurring before January 1, 2008."

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