Jenner & Block

"The New Deferred Compensation Rules: An Issue-Spotter's Guide to Tax Code Section 409A," ACC Docket

July/August 2008
In this article, Partner Matthew J. Renaud and Jim Murphy, assistant general counsel for General Dynamics Corporation, provide corporate counsel with an overview surrounding the new law and final regulations relating to section 409A of the Internal Revenue Code that will go into effect on January 1, 2009.  According to the authors the “IRS’s final guidance raised nearly as many questions as it has answered," and "it may still be some time before all the ins and outs of Section 409A are clear even to the experts."  The authors focus on how 409A impacts routine company actions, such as hiring new employees and handling severance protections, separation agreements, and post-employment expense reimbursements.