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July 13, 2016

Changes in IRS rule concerning deferred compensation plans of a state, a local government and other tax-exempt organizations proposed


Changes in IRS rule concerning deferred compensation plans of a state, a local government and other tax-exempt organizations proposed
Source: The FEDERAL REGISTER, 40548, Vol. 81, No. 120

Proposed regulations set out rules addressing the taxation of compensation applicable to "tax deferred compensation plans" established and maintained by State or local governments and other tax exempt organizations.* 

The proposed regulations include rules for determining "when amounts deferred under these plans are includible in income, the amounts that are includible in income, and the types of plans that are not subject to these rules."

The proposed regulations would affect participants, beneficiaries, sponsors, and administrators of certain plans sponsored by State or local governments or tax-exempt organizations that provide for a deferral of compensation.

* Article 8-C of New York State's Education Law, Special Annuity Plan, establishes a “deferred compensation plan available to “a person employed by the state university [of New York and the employees at the Statutory Contract Colleges at Cornell and Alfred Universities], the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six” of the Education Law as permitted pursuant to §403(b) of the Internal Revenue Code, as amended. Article 63 of the Education Law allows “§403(b) deferred compensation plans” to be made available to employees of a school district or a BOCES by the appointing authority.

The proposed regulations and notice of public hearing is posted on the Internet at: https://www.gpo.gov/fdsys/pkg/FR-2016-06-22/pdf/2016-14329.pdf

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