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EMPLOYEE BENEFIT PROGRAM In which of following situations is a nonqualified defe

ID: 2468135 • Letter: E

Question

EMPLOYEE BENEFIT PROGRAM

In which of following situations is a nonqualified deferred compensation plan taxable under the constructive receipt doctrine?

            a.         The contract is funded, and there is no substantial risk of forfeiture.

            b.         Same as (a), except the employee must work for three years.

c.         An agreement to defer payment is entered into after compensation is       earned.

     d.         An agreement to defer payment is entered into before compensation is earned.

     e.         In (a), the contract is not funded.

Explanation / Answer

In the situation when An agreement to defer payment is entered into after compensation is earned.- is a nonqualified deferred compensation plan taxable under the constructive receipt doctrine