Delete Payment Field in the Deferred Compensation Plan and eSign it in minutes

Aug 6th, 2022
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How to Delete Payment Field in the Deferred Compensation Plan

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[Music] lets talk to lisa in new orleans lisa youre on winning it live with gregory rix how can we help you i do not have a 401k but i participate in something called a deferred compensation uh sort of project i guess youd say and when it started the company let us spread it out like over seven years well now the companys saying hey you know if you retire or if youre terminated you have to take it in one lump sum and the option to spread it out has been taken away what kind of tax hit am i looking at ouch if thats a lot of money so its going to be subject to your tax bracket and i ive seen those plans before i had somebody sit down with me a few years ago a friend that um was getting a deferred comp and i think it was like 70k a year for five years good thank goodness they didnt force it upon her all at once but its going to be subject to your income that year and the amount of deferred comps all going to be wrapped together and youre going to be taxed at that tax bracket is

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You have to decide how much income to defer prior to the beginning of the compensation performance period (usually 12 to 24 months before you receive it)and you generally cant change your mind midyear if your circumstances change.
Retirement plans and employee pensions are examples of deferred compensation. Employers usually withhold a fraction of employees compensation every month, accumulate it over time, and pay the lump sum amount on a date previously agreed upon in the employment contract.
One potential exception is performance based compensation (PBC). If a deferral qualifies as PBC under Section 409A rules, deferral elections can be changed or cancelled as long as that change occurs with at least six months remaining in the performance period.
A deferred compensation plan withholds a portion of an employees pay until a specified date, usually retirement. The lump sum owed to an employee in this type of plan is paid out on that date. Examples of deferred compensation plans include pensions, 401(k) retirement plans, and employee stock options.
Unlike a 401(k), your deferred compensation account is not yours; it is the property of your employer and is subject to potential loss. If the company goes bankrupt or cannot pay its bills, you may lose the compensation you deferred.
A 401k plan has certain limitations on the amount that an individual can contribute each year. A deferred compensation plan, on the other hand, has no maximum contribution limit in any given year.
FICA taxes are due on deferred compensation amounts on the later of (i) when the employee provides the related services, or (ii) when the compensation is no longer subject to a substantial risk of forfeiture (meaning: when the amounts are vested).
Deferred compensation refers to money received in one year for work performed in a previous year often many years earlier. Typically, you receive deferred compensation after retiring or leaving employment.

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