457A Dismay

Section 457A

From Plan Advisor:

Included in the guidance are answers to (and some examples of ) the following:
What is a nonqualified deferred compensation plan for purposes of § 457A?
What is a substantial risk of forfeiture for purposes of § 457A?
What is a short-term deferral for purposes of § 457A (a § 457A short-term deferral)?
To which types of service providers does § 457A apply?
What is a nonqualified entity for purposes of § 457A?
How is it determined whether an entity is a foreign corporation or a partnership for purposes of determining whether an entity is a nonqualified entity under § 457A?
How is it determined whether substantially all of a foreign corporation’s income is subject to a comprehensive foreign income tax?
How is it determined whether substantially all of a foreign corporation’s income is effectively connected with the conduct of a trade or business in the United States?
When is a foreign person eligible for the benefits of a comprehensive income tax treaty for purposes of § 457A?
How is it determined whether substantially all of a partnership’s income for a taxable year is allocated to persons other than (A) foreign persons with respect to whom such income is not subject to a comprehensive foreign income tax and (B) organizations which are exempt from tax under Title 26 of the United States Code?
Does § 457A apply to deferred compensation that would have been deductible against income of a foreign corporation which is taxable under § 882 if the compensation had been paid in cash on the date that such compensation ceased to be subject to a substantial risk of forfeiture?
When is the determination made whether an entity is a nonqualified entity?
How is it determined whether a nonqualified deferred compensation plan is a plan of a nonqualified entity?
Does § 457A apply to a right to earnings on deferred compensation that is subject to § 457A?
How is the amount includible in income under § 457A determined?
If an amount is included in gross income under § 457A before the amount is paid to the service provider, is the amount also includible in income when the amount is paid to the service provider?
If an amount is included in income under § 457A before the amount is paid to the service provider, and before such amount is paid the right to the amount is forfeited or otherwise permanently lost, is the service provider entitled to a loss?
When is the deferred amount to which a service provider is entitled treated as not determinable for purposes of § 457A?
When is a deferred amount that is treated as not determinable at the time that the compensation is otherwise includible in gross income under § 457A required to be included in income?
What additional taxes apply to a deferred amount that is treated as not determinable at the time that the compensation is otherwise includible in gross income under § 457A?
What is the effective date of § 457A?
For purposes of applying the effective date, how are the periods of service to which the compensation is attributable determined?
How does § 457A coordinate with § 409A?
What transition rules apply under § 409A with respect to amounts covered by § 457A that are attributable to services performed before January 1, 2009?
What transition rules apply under § 409A with respect to amounts covered by § 457A that are attributable to services performed after December 31, 2008?
What transition rules apply under § 409A with respect to certain back-to-back arrangements attributable to services performed before January 1, 2009?