This issue-spotting checklist is designed to aid with identifying key considerations associated with determining whether a severance arrangement is exempt from Section 409A of the Internal Revenue Code or is required to comply with it. Section 409A is complex and is advisable to confirm any determinations with legal counsel.
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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.