In the United States, the Internal Revenue Code Section 409A regulates the treatment of “unqualified deferred allowances,” the date of deferral elections and distributions for federal income tax purposes. [1] Deferred compensation is a written agreement between an employer and a worker, in which the worker voluntarily agrees to withhold part of his remuneration from the company, to invest on his behalf and to give it at some point in the future. The fact that “deferred compensation” is technically an agreement in which an employee receives wages after earning it, the more frequent use of the term refers to “unskilled” deferred compensation and a certain part of the tax code that offers a particular benefit to highly compensated executives and other employees of the company. Deferred compensation is an agreement by which a portion of a worker`s income is paid at a later date in which the income has been reached. Examples of deferred compensation include pensions, retirement plans and employees` options for action. The main benefit of the most deferred remuneration is the deferral of tax to the date (s) to which the employee receives the income. Plans are generally developed either at the request of the executives or as an incentive by the board of directors. They are designed by lawyers and recorded in the map protocol with defined parameters. There is a doctrine called a constructive receipt, which means that a leader cannot control investment decisions or the option to get the money when he or she wants.

If he can do one or both of them, he often has to pay taxes right away. For example: If a manager says “With my deferred comp money, you buy 1,000 shares of Microsoft” which is usually too specific to be allowed. When he says “Put 25% of my money in the big caps” it`s a much broader setting. Ask a lawyer again for specific requirements. Deferred compensation is sometimes also referred to as deferred, skilled deferred compensation, DC, unqualified deferred comp, NQDC or gold handcuffs. “If agents stay with an employer for a long period of time, there is no reason why the employer should pay the worker its expected marginal product at all times; Instead, workers may be better paid for certain periods than in others.