
One Minute Takeaway
- A deferred compensation plan allows a portion of an employee’s compensation to be paid at a later date.
- Because deferred compensation plans help to reduce taxable income, these plans are often used for high-income earners.
- A deferred compensation plan involves some risk and employees should consult an advisor before enrolling.
Should you take advantage of a deferred compensation plan?
Should you take advantage of a deferred compensation plan? Peter, with that much income, a deferred-compensation plan is definitely worth considering. If you are in a lower tax bracket when you receive it, such as in retirement, you save the difference between having the income taxed at a high rate when earned and the low rate when received.
What are the benefits of deferred compensation plans?
Benefits of a deferred compensation plan, whether qualified or not, include tax savings, the realization of capital gains, and pre-retirement distributions. Tax Benefits
How much to contribute to deferred compensation?
You may be able to defer:
- If you're under age 50: $19,500 to each plan in 2020
- If you're age 50 or older in a governmental 457 (b) plan: $26,000 to each plan if both plans allow age-50 catch-ups ($6,500 additional in 2020)
- If you're age 50 or older in a nongovernmental 457 (b) plan: $26,000 to the 403 (b) plan and $19,500 to the 457 (b) plan
What is a 457 deferred compensation plan?
The 457 Plan is a type of tax-advantaged retirement plan with deferred compensation. The plan is non-qualified – it doesn’t meet the guidelines of the Employee Retirement Income Security Act (ERISA). 457 plans are offered by state and local government employers, as well as certain non-profit employers.

What happens to my deferred compensation if I quit?
What happens to deferred compensation if I quit? Most of us don't stay in one job forever. Depending on the terms of your NQDC plan, you may end up forfeiting all or part of your deferred compensation if you leave the company early.
Are deferred compensation plans a good idea?
A deferred comp plan is most beneficial when you're able to reduce both your present and future tax rates by deferring your income. Unfortunately, it's challenging to project future tax rates. This takes analysis, projections, and assumptions.
What is the difference between a 401k and a deferred compensation plan?
Unlike a 401k with contributions housed in a trust and protected from the employer's (and the employee's) creditors, a deferred compensation plan (generally) offers no such protections. Instead, the employee only has a claim under the plan for the deferred compensation.
Who benefits from a deferred compensation plan?
Deferred compensation plans are best suited for high-income earners who want to put away funds for retirement. Like 401(k) plans or IRAs, the money in these plans grows tax-deferred and the contributions can be deducted from taxable income in the current period.
Can I cash out my deferred compensation?
You can take the distribution in a lump sum or regular installments, paying tax when you receive the income. You can also arrange to withdraw some of it when you anticipate a need, such as paying for your kids' college tuition. While the IRS has few restrictions, your employer will probably have their own rules.
How much should I put in deferred compensation?
One easy way to increase your retirement savings is to contribute a percentage of your income to your Deferred Compensation Plan (DCP) account. Consider saving between 7% and 10% of your salary.
How do I avoid taxes on deferred compensation?
If your deferred compensation comes as a lump sum, one way to mitigate the tax impact is to "bunch" other tax deductions in the year you receive the money. "Taxpayers often have some flexibility on when they can pay certain deductible expenses, such as charitable contributions or real estate taxes," Walters says.
Should I max out my deferred comp?
You should prioritize maxing out your 401(k), at least until you've maximized any matching contributions your employer offers. You can turn your attention more aggressively toward IRA contributions after you've done that.
What is better Roth IRA or deferred comp?
A Roth individual retirement account has income limits, so if yours is too high, you may not be able to contribute. With deferred compensation, you're unlikely to have a plan unless you have a high income.
What are examples of deferred compensation?
Examples of deferred compensation include retirement, pension, deferred savings and stock-option plans offered by employers. In many cases, you do not pay any taxes on the deferred income until you receive it as payment. Deferred compensation plans come in two types — qualified and non-qualified.
Does deferred income affect Social Security?
Once a deferred compensation amount is credited as wages in a given period, it is never again counted for social security purposes in any other period.
Is Deferred income taxable?
Deferred income taxes are taxes that a company will eventually pay on its taxable income, but which are not yet due for payment. The difference in the amount of tax reported and paid is caused by differences in the calculation of taxes in the local tax regulations and in the accounting framework that a company uses.
How do I avoid taxes on deferred compensation?
If your deferred compensation comes as a lump sum, one way to mitigate the tax impact is to "bunch" other tax deductions in the year you receive the money. "Taxpayers often have some flexibility on when they can pay certain deductible expenses, such as charitable contributions or real estate taxes," Walters says.
Does deferred compensation affect Social Security?
Once a deferred compensation amount is credited as wages in a given period, it is never again counted for social security purposes in any other period.
Should I max out my deferred comp?
You should prioritize maxing out your 401(k), at least until you've maximized any matching contributions your employer offers. You can turn your attention more aggressively toward IRA contributions after you've done that.
Can I roll my deferred comp into a Roth IRA?
If your deferred compensation plan is a qualified plan, then it can be rolled over to a retirement account such as a Roth IRA or a traditional IRA or other qualified retirement plans.
What Is Deferred Compensation?
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What is NQDC compensation?
Non-qualified deferred compensation (NQDC) is compensation that has been earned by an employee, but not yet received from their employer.
What are the triggering events in a retirement plan?
There are six permissible triggering events: a fixed date, separation from service (e.g., retirement ), a change in ownership or control of the company, disability, death, or an unforeseen emergency. Other events, such as the need to pay tuition for a child, a change in the financial condition of the company, or a heavy tax bill, are not permissible triggering events.
Why are NQDC plans considered golden handcuffs?
The plans are also used as " golden handcuffs " to keep valued staff on board, as leaving the company before retirement can result in forfeiting deferred benefits. An NQDC plan can be a boon to cash flow, since currently earned compensation is not payable until the future.
Why are NQDC plans not qualified?
Because NQDC plans are not qualified, meaning they aren't covered under the Employee Retirement Income Security Act (ERISA), they offer a greater amount of flexibility for employers and employees. Unlike ERISA plans, employers can elect to offer NQDC plans only to executives and key employees who are most likely to use and benefit from them. There are no non-discrimination rules, so deferral need not be offered to the rank-and-file. This gives the company considerable flexibility in tailoring its plan. The plans are also used as " golden handcuffs " to keep valued staff on board, as leaving the company before retirement can result in forfeiting deferred benefits.
Is a deferred compensation plan a qualified plan?
Deferred compensation plans can be qualifying or non-qualifying. The non-qualified type is created by an employer to enable employees to defer compensation that they have a legally binding right to receive. There are several varieties of NQDC plans (also called 409A plans after the section in the tax code governing them, introduced in 2004); the one discussed here is the basic unfunded plan for deferring part of annual compensation (the most common type). 1
Is deferred compensation taxable?
Violating the stringent conditions in the law triggers harsh results. All of the deferred compensation becomes immediately taxable. What's more, there is a 20% penalty, plus interest, charged on this amount.
Can you contribute to a 401(k) with unlimited savings?
Unlimited Savings and Tax Benefit. The IRS imposes strict limitations on the amount of money you contribute to a qualified retirement plan, like a 401 (k). Deferred compensation plans have no such federally mandated limits, though employers may specify a contribution limit based on your compensation.
What is a deferred compensation plan?
Deferred compensation plans can be a great savings vehicle, especially for employees who are maximizing their 401 (k) contributions and have additional savings for investment, but they also come with lots of strings attached. In general, deferred compensation plans allow the participant to defer income today and withdraw it at some point in ...
How long do you have to wait to change your deferred compensation plan?
These two decisions are intertwined and require careful thought and planning. In most cases, these elections are difficult to change and require a five-year waiting period if changes are allowed under IRS rules governing deferred compensation plans.
Can you take deferred compensation over a period of years?
This works in concert with when you elect to take deferred compensation distributions. Most plans allow for either a lump sum payment or equal payments over a period of years. The strategies to consider are beyond the scope of this overview, but this is where missteps can be costly. Among the considerations are:
Do you have to take deferred compensation when you retire?
Deferred compensation doesn’t have to be taken in retirement , but ideally should be, since the primary motivation is income tax reduction. In some cases, the triggers for deferred comp distribution are beyond your control. For example, in most cases you (or your heirs) will be forced to take distributions upon a separation of service, death or disability. Ideally, you want to take your distributions during retirement, when other sources of income are likely to be less.
What Is Deferred Compensation?
Deferred compensation is a portion of an employee's compensation that is set aside to be paid at a later date. In most cases, taxes on this income are deferred until it is paid out. Forms of deferred compensation include retirement plans, pension plans, and stock-option plans.
What is a qualified deferred compensation plan?
Qualified deferred compensation plans are pension plans governed by the Employee Retirement Income Security Act (ERISA), including 401 (k) plans and 403 (b) plans. A company that has such a plan in place must offer it to all employees, though not to independent contractors. Qualifying deferred compensation is set off for the sole benefit of its recipients, meaning that creditors cannot access the funds if the company fails to pay its debts. Contributions to these plans are capped by law.
Why is it advantageous to defer compensation?
It is generally advantageous for the employee to defer compensation to avoid having all of the deferred income distributed at the same time, as this typically results in the employee receiving enough money to put them in the highest possible tax bracket for that year.
What is NQDC plan?
From the employee's perspective, NQDC plans offer the possibility of a reduced tax burden and a way to save for retirement. Due to contribution limits, highly compensated executives may only be able to invest tiny portions of their income in qualified plans; NQDC plans do not have this disadvantage.
What happens to deferred compensation if a company goes bankrupt?
The main risk of deferred compensation is if the company goes bankrupt you may lose everything put away in the plan.
When is compensation paid?
Compensation is usually paid out when the employee retires, although payout can also begin on a fixed date, upon a change in ownership of the company, or due to disability, death, or a (strictly defined) emergency.
Can independent contractors be eligible for NQDC?
In addition, independent contractors are eligible for NQDC plans. For some companies, they offer a way to hire expensive talent without having to pay their full compensation immediately, meaning they can postpone funding these obligations. That approach, however, can be a gamble.
What is a deferred compensation plan?
What Are Deferred Compensation Plans? A deferred compensation plan sets aside some of your salary in the form of payroll deductions for you to access sometime in the future. That “sometime in the future” is usually retirement, but not always. What’s also deferred are the taxes you’ll pay on those payroll deductions.
What are the different types of deferred compensation plans?
There are two different types of deferred compensation plans: qualified and nonqualified. And one is riskier than the other.
What to do if you max out your IRA?
Most people make more money at the end of their careers than the beginning, so a Roth IRA can be a great way to pay taxes when you’re in a lower income tax bracket and then get the tax advantage when you’re in a higher tax bracket. The point is, you’ve got options that won’t leave you taking on unnecessary risk!
What is a 457 plan?
A 457 plan includes a provision that makes it possible for participants nearing retirement to make catch-up contributions for the years they didn’t contribute but could have. 5 With that in place, an employee could double their contributions each year leading up to retirement.
Can you use a deferred compensation plan to lower your taxes?
But you can lessen the blow by using a deferred compensation plan whose dollars aren’t taxed until the money is withdrawn. Depending on how much you invest in your plan (more on that in a moment), you could potentially contribute enough to drop you into a lower income tax bracket. And a lower income tax bracket means lower income taxes.
Can you contribute to a 457 plan with 401(k)?
And some employers will offer both a 457 plan and a 401 (k). If they do, you can contribute the maximum amounts to each.
Can you retire early with NQDC?
The golden handcuffs come in, though, if you decide you want to leave or retire early. There are big penalties for early withdrawals from an NQDC. Plus, accessing your funds may not even be an option until you reach the agreed-upon date. In that case, it might be more financially sound to stay at your company so you don’t lose your money. Not so golden, huh?
What Is a Deferred Compensation Plan?
As its name suggests, a deferred compensation plan allows an employer to defer a portion of an employee’s compensation until a specified date, which usually occurs at retirement. “The lump sum owed to the employee is then paid out on that date or paid across a period of years after the specified date,” says Marco Sarkovich, an associate attorney at Slate Law Group in San Diego. A deferred compensation plan might consist of a pension, a retirement plan or employee stock options.
Do you have to pay taxes on deferred compensation?
Since the money placed into a deferred compensation plan is deducted from your salary, you won’t have to pay taxes on the amount contributed. In this way, your total income taxes for the year could be reduced. “When the funds are later withdrawn, savings are potentially realized through the difference between the retirement tax bracket and the tax bracket in the year the money was earned,” Sarkovich says.
Is a 401(k) a tax deferred plan?
Like a 401 (k) plan or traditional IRA, the money placed in a deferred compensation plan grows in a tax-deferred way. You can exclude the contributions made during the year from your taxable income. The distributions later will be subject to income taxes.
What is a 457 plan?
Just like a 401 (k) or 403 (b) retirement savings plan, a 457 plan allows you to invest a portion of your salary on a pretax basis. The money grows, tax-deferred, waiting for you to decide what to do with it when you retire.
How much is the penalty for early withdrawals from 457b?
5 . There is no 10% penalty for early withdrawals as there is with most early withdrawals from other types of plans.
What is the penalty for failing to take a required minimum distribution?
There's a hefty penalty for failing to take a required minimum distribution: a 50% nondeductible excise tax. 6
Is a 457 F held in trust?
Here, too, assets are not held in trust but are kept by the employer until they are distributed. Since contributions to a 457 (f) are virtually unlimited, the IRS requires that the funds be at a “substantial risk of forfeiture.”.
Is a 457 a government plan?
If you have a 457 (b) but are not a government employee, the rules are different. The 457 (f), limited to highly compensated employees, also has different rules. Eligible 457 (b) plans are the most common type and are generally available to all employees of a state or local government entity. The assets you have in these plans are held in trust ...
Can you lose your 457 F?
If, for example, you have a 457 (f) plan and leave your employer before an agreed-upon date or before reaching normal retirement age, you could risk losing all of the money you've invested in the plan.
Can you roll over a 457b?
If you are a government or non-profit employee, you may have a 457 (b). In this case, your savings in this plan can be rolled over, like assets in a 401 (k). There is no penalty for early withdrawals but you must take a minimum distribution from age 72. If you have a 457 (b) but are not a government employee, the rules are different.
