It’s critical to be aware of the tax rules surrounding your NQDC plan
- Details
- Published: Tuesday, 08 November 2016 11:45
- Written by Phillip Strickler, CPA.CITP

Nonqualified deferred compensation (NQDC) plans pay executives at some time in the future for services to be currently performed. They differ from qualified plans, such as 401(k)s, in that:
- NQDC plans can favor certain highly compensated employees,
- Although the executive’s tax liability on the deferred income also may be deferred, the employer can’t deduct the NQDC until the executive recognizes it as income, and
- Any NQDC plan funding isn’t protected from the employer’s creditors.
They also differ in terms of some of the rules that apply to them, and it’s critical to be aware of those rules.
What you need to know
Internal Revenue Code (IRC) Section 409A and related IRS guidance have tightened and clarified the rules for NQDC plans. Some of the most important rules to be aware of affect: