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National Law Review
National Law Review
7/15/2026
The user wants me to rewrite a headline about Severance as Deferred Compensation and Code Section 409A.

The user wants me to rewrite a headline about Severance as Deferred Compensation and Code Section 409A.

Original: Severance as Deferred Compensation- What You Need to Know About Code Section 409A and Its Exemptions

Short summary

Section 409A of the Internal Revenue Code imposes strict timing rules and a 20% penalty on non-compliant deferred compensation, and severance arrangements can fall under its scope. Several exemptions exist—including the short-term deferral exemption, involuntary separation pay plan exemption, and reimbursement exemptions—that can be 'stacked' to cover different portions of a single severance arrangement. Proper structuring requires understanding each exemption's requirements around payment timing, amount limits, and termination conditions.

  • Severance may qualify as deferred compensation under Section 409A, triggering strict timing rules and 20% penalty for non-compliance
  • Multiple exemptions (short-term deferral, involuntary separation, reimbursements) can be stacked for a single arrangement
  • Key requirements include payment timing within 2.5 months, two-times compensation limits, and involuntary separation conditions

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