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Reminder that Nonqualified Deferred Compensation Deferral Elections for 2018 Must be Made on or Before December 31, 2017

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As we approach the end of 2017, we want to remind employers and employees to take action before year end if they desire to defer compensation that will be earned during 2018.  As a general rule, Section 409A of the Internal Revenue Code requires that compensation deferrals under a nonqualified deferred compensation plan be made before the year in which the underlying services are performed. There are some exceptions to this general rule, but Section 409A imposes strict requirements on the timing of compensation deferral elections and that most deferrals of compensation that will be earned in 2018 must be made on or before December 31, 2017.