Question

IRC Section 409A provides specific rules about allowing deferral of income. Which of the following will be the result of a violation of these rules?

1. The deferral of compensation will not be allowed.
2. The employer's contribution to the income deferral will not be immediatley deductible by the employer.
3. The employee will be taxed on the deferred amount at the time of deferral.
4. The employer must compensate the employee via an extra bonus for the income tax paid.

I only

II and III only

I and III only

I, III, and IV only

Answer 1

Answer:- I and III only.

Explanation:-

Here IRC Section 409A provides specific rules about allowing deferral of income, and the result of violation of these rules causes the service provider to recognise immediate income tax on deferred amounts,and a penalty tax of 20%,and other penalties,and it not apply to the employer, it applies only to the employee and the participant.

So from the above statement it is showing employers are not applicable for this penalties.

By this to the above question the respected answers are

The deferral of compensation will not be allowed.

The employee will be taxed on the deferred amount at the time of deferral.