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Deferred compensation plans are essentially agreements your employer makes with you saying that you'll receive compensation at some point in the future. There are two types of deferred compensation plans: nonqualified deferred compensation (NQDC) plans and qualified deferred compensation plans.
qualified deferred compensation (NQDC) plan allows a service provider (e.g., an employee) to earn wages, bonuses, or other compensation in one year but receive the earningsand defer the income tax on themin a later year.
NQDC plans have the potential for tax-deferred growth, but they also come with substantial risks, including the risk of complete loss of the assets in your NQDC plan. We strongly recommend that executives review their NQDC opportunity with their tax and financial advisors.
A nonqualified deferred compensation arrangement subject to Section 409A is defined as any plan, including any agreement or arrangement, that provides for the deferral of compensation other than a qualified employer plan and any bona fide vacation leave, sick leave, compensatory time, disability pay, or death benefit
A nonqualified plan is a type of tax-deferred, employer-sponsored retirement plan that falls outside of Employee Retirement Income Security Act (ERISA) guidelines.
Qualified plans include 401(k) plans, 403(b) plans, profit-sharing plans, and Keogh (HR-10) plans. Nonqualified plans include deferred-compensation plans, executive bonus plans, and split-dollar life insurance plans.
Qualified plans are generally established to provide deferred compensation in the form of retirement benefits such as defined benefit plans or defined contribution plans (401(k) plans, profit-sharing, etc). Why the non-qualified plan has a unique nature.
To set up a NQDC plan, you'll have to: Put the plan in writing: Think of it as a contract with your employee. Be sure to include the deferred amount and when your business will pay it. Decide on the timing: You'll need to choose the events that trigger when your business will pay an employee's deferred income.
Section 457 plans are nonqualified, unfunded deferred compensation plans established by state and local government and tax-exempt employers.
NQDC plans (sometimes known as deferred compensation programs, or DCPs, or elective deferral programs, or EDPs) allow executives to defer a much larger portion of their compensation and to defer taxes on the money until the deferral is paid.