BNA Books Publishes 'Section 409A Handbook' as a Clear Guide for Designing Nonqualified Deferred Compensation Arrangements to Avoid Tax Code Section 409A Penalties

ARLINGTON, Va., Dec. 6, 2010 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of Section 409A Handbook, a resource that provides the comprehensive guidance necessary to interpret the complex rules of Section 409A, as well as analysis and pertinent advice on the many unresolved issues involved.

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Section 409A Handbook will help practitioners successfully navigate Section 409A, with its broad scope, extensive and complicated regulations, and myriad corollary rules and unresolved issues. The enactment of Tax Code Section 409A by Congress as part of the 2004 American Jobs Creation Act has been a rude awakening for those accustomed to handling nonqualified deferred compensation arrangements under the previous regulatory regime. The detailed, complex rules for compliance with Section 409A have forced practitioners to devote far more time than before to plan design and compliance, a necessity given the significant tax penalties for noncompliance. There are still many unresolved issues under Section 409A, and it is not anticipated that additional guidance will be forthcoming.

Fundamentally useful to both the executive compensation practitioner and the more general benefits practitioner, Section 409A Handbook is a clear guide for advising on, designing, and modifying compensation arrangements to comply with Section 409A. With contributions from numerous recognized experts in the field, this resource provides essential, practical information regarding:

• Structuring and administering a diverse array of executive and other "service provider" compensation arrangements — including employment and severance agreements, change-in-control arrangements, supplemental and excess pension plans, and traditional deferred compensation plans — to avoid the ever-tightening net of tax penalties under Section 409A
• How to avoid common violations, spot violations that have occurred and correct them whenever possible, and assess penalties when the violation cannot be corrected
• Areas where Section 409A compliance has proven particularly challenging, the situations that present the highest risk of IRS challenge, and common traps that may result in unintentional violations
• Insight into the interpretation and application of unresolved areas of Section 409A law
• Practical tips/advice, numerous examples, tables, forms, and flowcharts to guide analysis and optimize Section 409A compliance

This resource has become even more critical as the IRS has significantly increased audits and enforcement of executive compensation rules such as Section 409A as part of revenue raising activities. As the first comprehensive examination of Section 409A, this resource offers guidance that will be invaluable to any practitioner in the field of employee benefits or executive compensation.

The authors, Regina Olshan and Erica F. Schohn, are with Skadden, Arps, Slate, Meagher & Flom LLP. Ms. Olshan organized and led the successful effort by a coalition of more than 90 law firms requesting the extension of the original Section 409A compliance deadline. Ms. Olshan lectures frequently on executive compensation issues, was selected for inclusion in Chambers USA: America's Leading Lawyers for Business 2010 and The Best Lawyers in America 2010, and is a member of the executive committee of the New York State Bar Association, Tax Section. Ms. Schohn's practice focuses on executive compensation, mergers and acquisitions, corporate governance matters. She regularly advises clients regarding tax planning with respect to compliance with Section 409A and the tax rules relating to deferred compensation, the excise tax on excess parachute payments, and limits on the deductibility of executive compensation.

BNA is a leading private publisher of news and information products for professionals in law and business. In addition to the Section 409A Handbook, BNA's Book Division publishes Employee Benefits Law; ERISA Litigation; ERISA Class Exemptions; ERISA Fiduciary Law; ERISA: Related Statutes; Reductions in Force in Employment Law;  ERISA: The Law and the Code; ERISA Regulations; and other titles in legal specialties. For a free BNA Books catalog, call 1-800-960-1220 or send an e-mail request to [email protected]. The BNA Books website, including an online catalog, can be found at bnabooks.com.

Section 409A Handbook (1,126 pp. Hardcover/ISBN 978-1-57018-838-1/Order # 1838-PREL10/$315.00 plus tax, shipping and handling) may be purchased from BNA Books, PO Box 7814, Edison, NJ 08818-7814.  Telephone orders: 1-800-960-1220. Fax orders: 1-732-346-1624. A 10 percent discount is available when ordering from the BNA Books website at bnabooks.com (discounts cannot be combined).

SOURCE BNA Books