TaxT2021
Employee Tax Expert

Retirement tax questions

Hi G Caldwell

 

I hope this day finds you exhilarated and well.

To clarify:

  1. You have deferred compensation
  2. The compensation is deferred under a Nonqualified Deferred Compensation Plan (409A)
  3. You will be exiting the company on 12/31/2021
  4. are taxes applicable in 2021 or  in 2022 when distribution is made?

Here are  the key guidelines for income inclusion:

  • Per The US Code (409A)
    • Distributions are includable in income at the time of distribution if
      • Your distributions cannot occur until 
        • Separation from service (6 mos after separation if a key employee)
      • Your plan does not permit acceleration of payments
      • You have elected to defer compensation

These are the prime consideration barring any exceptions.  

 

In conclusion, distributions are included in taxable income in 2022.

  • As far as tax withholdings, read the plan document.
  • If taxes are not withheld, depending on your tax circumstance, you may have to remit any tax due with your personal tax returns

I recommend that you speak with a TurboTax or Mint professional, for a further analysis you particular situation.

 

Glad to you participated in this forum.

 

All the best!

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