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  • New IRS Notice Provides Employers with Ability to Correct Defects in Nonqualified Plan Documents

01/29/2010 10:30:31 AM EST

New IRS Notice Provides Employers with Ability to Correct Defects in Nonqualified Plan Documents


The Internal Revenue Service (IRS) has responded to calls from practitioners to provide a means of correcting Section 409A plan document failures.  In its Notice 2010-6, the IRS has instituted a new program that allows for such corrections—however, employers should also be aware that relief involves specific timeframes, and they are strongly advised to consider taking corrective actions as soon as possible and before December 31, 2010.

 
The content of this article is provided solely for informational purposes: It is not intended as, and does not constitute, legal advice. The information contained herein should not be relied upon or used as a substitute for consultation with legal, accounting, tax, career and/or other professional advisors. This article is provided "AS IS," and McDermott Will & Emery makes no representation or warranty of any kind with respect to its contents. McDermott Will & Emery expressly disclaims all representations and warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, McDermott Will & Emery does not represent or warrant that the content of this article is timely, accurate or complete.
 
This article is republished with the permission of McDermott Will & Emery LLP. Further duplication without the permission of McDermott Will & Emery LLP is prohibited. All rights reserved.

 
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