OMB.report

Federal forms, ICRs, and supporting documents

Information Collection Request

Relief and Guidance on Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to Comply with § 409A(a)

ICR 201412-1545-002 · OMB 1545-2164 · Historical Active

Forms and Documents
DocumentTypeStatusAvailability
Justification Statement_v 2.docx Justification for No Material/Nonsubstantive Change Uploaded 2015-04-06 Available
Notice 2010-80 (Modifies Notice 2008-113).rtf Supplementary Document Uploaded 2015-04-06 Available
Notice 2008-113.pdf Supplementary Document Uploaded 2014-12-12 Available
Supporting Statement (Notice 2008-13 & 2010-6) v 4.doc Supporting Statement A Uploaded 2016-03-18 Available
Notice 2010-6.pdf Supplementary Document Uploaded 2013-07-30 Available
IC Document Collections
IC IDCollectionTypeStatusForm
214236 Notice 2008-113--Relief and Guidance on Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to Comply with § 409A (a) in Operation New
191573 Notice 2010-6--Relief and Guidance on Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to Comply with § 409A(a) in document. Modified
ICR Details
1545-2164 201412-1545-002
Historical Active 201307-1545-064
TREAS/IRS Ready
Relief and Guidance on Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to Comply with § 409A(a)
Revision of a currently approved collection   No
Regular
Approved without change 12/28/2016
Retrieve Notice of Action (NOA) 07/14/2016
  Inventory as of this Action Requested Previously Approved
12/31/2019 36 Months From Approved 12/31/2016
20,000 0 10,000
10,000 0 5,000
0 0 0
The Treasury Department and the Service recognize that in certain cases, unintentional operational errors in complying with § 409A may occur which would result in income inclusion and additional tax for the service provider. Notice 2008-113 provides guidance on correcting certain unintentional operational errors. This Notice sets forth the information needed by the Service to ensure that the affected service providers and service recipients have complied with the terms of the Notice. Notice 2010-6 requires a corporation to attach to its federal income tax return an information statement related to the correction of a failure of a nonqualified deferred compensation plan to comply with the written plan document requirements of § 409A(a). The information statement must be attached to the corporation's income tax return for the corporation's taxable year in which the correction is made, and the subsequent taxable year to the extent an affected employee must include an amount in income in such subsequent year as a result of the correction. The corporation must also provide an information statement to each affected employee, and such employee must attach an information statement to the employee's federal tax return for the employee's taxable year during which the correction is made, and the subsequent taxable year(s) but only if an amount is includible in income by the employee in such subsequent year as a result of the correction.
US Code: 26 USC 409A(a) Name of Law: Rules relating to constructive receipt.
  
None
Not associated with rulemaking
  78 FR 16046 03/13/2013
78 FR 53501 08/29/2013
No
  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 20,000 10,000 0 0 10,000 0
Annual Time Burden (Hours) 10,000 5,000 0 0 5,000 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
The change in the paperwork burden previously approved by OMB stems from consolidating the information collection request for Notice 2008-113 with Notice 2010-6. Both notices are related to errors in complying with § 409A. Notice 2008-113 is intended to correct operational failures. While Notice 2010-6 is intended to correct document failures.
$0
No
No
No
No
No
Uncollected
Keith Ranta 2026224783
  No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
07/14/2016