A provision of the Tax Cuts and Jobs Act, which the GOP is billing as a comprehensive tax reform bill, would eliminate the existing tax deferral of non-qualified deferred compensation packages, according to tax attorneys at Ernst & Young.
Employers use NQDCs to incentivize company officers and other highly compensated workers, and in some cases to provide retirement savings vehicles above the contribution limits in 401(k) plans.
Under current tax law, employers can structure NQDC plans so that participants are taxed on the benefits when assets are withdrawn, or stock options are exercised, at retirement or a predetermined withdrawal schedule.
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