Rabbi Trust For Deferred Compensation

Category:
State:
Multi-State
Control #:
US-01178BG
Format:
Word; 
Rich Text
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Description

The Rabbi Trust for Deferred Compensation is a legal agreement established between an employer and a trustee to manage and protect funds set aside for the deferred compensation of highly compensated employees. This trust allows employers to contribute assets that will be held for the benefit of employees, while ensuring these assets are subject to creditors' claims in case of insolvency. It serves as an unfunded arrangement that does not intend to offer preferred claims to beneficiaries, defining their rights strictly as contractual. The document outlines the responsibilities of the trustee regarding asset management, payment schedules for participants, and protocols in case the company becomes insolvent. Additionally, it includes social compliance measures, amendments, successor appointment procedures, and provisions for resignation of the trustee. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to facilitate structured compensation strategies for key employees while complying with IRS regulations. They can effectively utilize the trust to secure deferred compensation to attract and retain talent without compromising company assets during financial distress.
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  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust
  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust
  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust
  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust
  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust
  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust
  • Preview Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

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FAQ

The first IRS letter approving this sort of trust involved a Rabbi, hence the name Rabbi Trust. The employer's contribution to the trust is tax-deductible, and the employee does not have to pay tax on that sum until he/she receives it from the trust.

The Rabbi trust allows the deferment of compensation whether employment income or the purchase price of a business acquisition, and the absence of this would result in the taxability to the payee of the compensation not yet received by the payee. This would serve as a disincentive for deferring such payments.

How Do You Establish a Rabbi Trust? You as settler or grantor establish a rabbi trust by entering into a trust agreement with a trustee (usually a bank or trust company). The trustee then holds the NQDC plan contributions and investment earnings. A single rabbi trust can benefit more than one employee.

The Disadvantage of Rabbi Trusts If the founding company declares bankruptcy or otherwise becomes insolvent, its creditors will have unbridled access to the rabbi trust's funds?potentially depriving employees of their own earnings.

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Rabbi Trust For Deferred Compensation