Amid the year-end crush, one area worth the focus of tax and HR departments is the potential for Section 409A failures. There is a window to avoid – or at least identify and correct – such errors by year-end. Failures commonly arise in connection with:
• Deferred compensation plans
• Excess 401(k) and Pension plans
• SERPs
• Equity compensation plans

Read our latest alert for guidance about Section 409A corrections, as well as a 12/31/2020 deadline for certain plans subject to Section 162(m) and other year-end considerations for non-qualified plans.