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Year under a nonqualified deferred compensation plan as 409A deferrals in box 12 of Form W 2 using code Y. For calendar year 2005, an employer is not required to include in the total amount of wages as defined in 3401(a) amounts includible in the gross income of an employee under 409A that the employee has neither actually nor constructively received during the calendar year. Thus, an employer may exclude such amounts from wages for income tax withholding purposes and is not re.

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