Non-Qualified Deferred Compensation: The Impact of Section 409A
Learning objectives

Participants will explore Non-Qualified Deferred Compensation (Section 409A of the U.S. Internal Revenue Code) along with its general rules and critical definitions.  At the conclusion of this session you will be able to:

  • Recognize the general rules of Section 409A, including:
    • When to recognize deferred comp in gross income
    • Definitions of key terms
    • Who should be concerned about Section 409A
    • Exceptions to deferral of compensation
    • Substantial risk of forfeiture
    • Special rules for performance based compensation
    • Separation from service
  • Recognize rules for the deferral elections, including:
    • Initial election
    • Subsequent changes in time and form of payment
  • Recognize the following characteristics of permissible payments:
    • Definition of permissible payments
    • Designation upon event
    • Specified time or fixed schedule
    • Substitutions
    • Disability
    • Change in ownership or effective control of a corporation
timothy gearty

Instructor bio

Tim Gearty is the National Director and Editor-in-Chief for the world’s largest CPA training program, Becker CPA Review. In addition to his editorial leadership, Tim is also Becker's National Lead Instructor, whose taped lectures are seen in over 325 locations throughout the world. Tim is a nationally recognized expert and speaker on a variety of accounting and tax topics, and has appeared as keynote speaker for several Fortune 100 companies as well as many national associations. He has frequently been called upon over the past twenty years to present accounting and tax topics to large groups, organizations, and corporations, accounting firms and in legal proceedings. Tim is a partner in Gearty & McIntyre, LLP, CPA, a firm which has developed a reputation as a specialist in business advisory services, litigation support and forensic accounting. He is a member of the American Institute of Certified Public Accountants and the New Jersey Society of Public Accountants as well as a trustee of that organization. He holds a BS in Accounting from Fairleigh Dickinson University, and both a MBA in Finance and Law Degree (JD) from Seton Hall University. Tim is a member of the New Jersey and American Bar Associations.

National Registry of CPE Sponsors

A Becker Professional Education is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website:

Becker Professional Education Sponsor I.D. Numbers NASBA: 107294, New York: 002087, New Jersey: 20CE00226700, Texas: 009580, Ohio: CPE.186, Illinois 158.002405, Pennsylvania: PX177823

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