How does Section 409A affect payments made upon a change in control of a corporation?

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Section 409A was enacted by Congress as part of the American Jobs. Creation Act of 2004. This law makes dramatic revisions that could cause immediate taxation ... May 6, 2024 ... The section 409A regulations implemented the concept in a detailed rule called the “independent contractor exception,” which expressly exempts ... Aug 7, 2013 ... The primary requirement of section 409A is that the nonqualified deferred compensation plan specify the time and form of payment. Under section ... Section 409A and its related regulations outline the specific requirements for the timing of deferral elections, and the designation of the time and ... Nov 30, 2007 ... Code section 409A applies to many arrangements not traditionally considered “deferred compensation.” This article reviews Code section 409A issues as they ... Aug 31, 2011 ... It is a standard practice to condition payment of severance benefits or other compensation on the employee signing a general release of claims against the ... Jun 4, 2016 ... Section 409A imposes four general categories of requirements that nonqualified deferred compensation plans must satisfy to avoid penalties and ... Severance payments made under a window program (i.e., a program in which employees are offered enhanced benefits if they voluntarily terminate employment during ... Apr 5, 2017 ... Up to 2x lesser of: • Employee's 409A “annualized compensation”. • Code Section 401(a)(17) limit - $270,000 for 2017. 9. Page 10. The Section ... appreciates this opportunity to comment on certain discrete portions of the Proposed Regulations under Section. 409A of the Internal Revenue Code (“Section ...
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