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Application of Section 409A to Nonqualified Deferred Compensation Plans; Correction

---
identifier: "/us/fr/2016-18355"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Application of Section 409A to Nonqualified Deferred Compensation Plans; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2016-18355"
section_name: "Application of Section 409A to Nonqualified Deferred Compensation Plans; Correction"
positive_law: false
currency: "2016-08-04"
last_updated: "2016-08-04"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2016-18355"
document_type: "proposed_rule"
publication_date: "2016-08-04"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BL25"
fr_citation: "81 FR 51413"
fr_volume: 81
docket_ids:
  - "REG-123854-12"
fr_action: "Correction to a partial withdrawal of notice of proposed rulemaking; notice of proposed rulemaking."
---

#  [Corrected]

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correction to a partial withdrawal of notice of proposed rulemaking; notice of proposed rulemaking.

**SUMMARY:**

This document contains corrections to a partial withdrawal of notice of proposed rulemaking; notice of proposed rulemaking (REG-123854-12) that was published in the *Federal Register* on Wednesday, June 22, 2016 (81 FR 40569). The proposed regulations are to clarify or modify certain specific provisions of the final regulations under section 409A (TD 9321, 72 FR 19234).

**DATES:**

Written or electronic comments and requests for a public hearing for the notice of proposed rulemaking published at 81 FR 40569, June 22, 2016 are still being accepted and must be received by September 20, 2016.

**FOR FURTHER INFORMATION CONTACT:**

Concerning the proposed regulations under sections 409A, Gregory Burns at (202) 927-9639, concerning submissions or comments and/or requests for a public hearing, Regina Johnson 202-317-6901 (not toll-free numbers).

**SUPPLEMENTARY INFORMATION:**

**Background**

The partial withdrawal of notice of proposed rulemaking; notice of proposed rulemaking (REG-123854-12) that is the subject of this correction is under 409A of the Internal Revenue Code.

**Need for Correction**

As published, the partial withdrawal of notice of proposed rulemaking; notice of proposed rulemaking (REG-123854-12) contains errors that may prove to be misleading and are in need of clarification.

**Correction of Publication**

Accordingly, the partial withdrawal of notice of proposed rulemaking; notice of proposed rulemaking (REG-123854-12) that was the subject of FR Doc. 2016-14331 is corrected as follows:

§ 1.409A-3

1. On page 40582, first column, seventeenth line of paragraph (i)(5)(iv), the language “described in § 1.409A-(1)(b)(ii) held” is corrected to read “described in § 1.409A-1(b)(5)(ii) held”.

2. On page 40582, second column, in paragraph (i)(5)(iv) twenty-first line from the top of the page, the language “§ 1.409A-(1)(b)(5)(i)(A) or (B) or a statutory stock” is corrected to read “§ 1.409A-1(b)(5)(i)(A) or (B) or a statutory stock”.

3. On page 40582, second column, in paragraph (i)(5)(iv) twenty-third line from the top of the page, the language “§ 1.409A-(1)(b)(5)(ii) also will not cause the stock” is corrected to read “§ 1.409A-1(b)(5)(ii) also will not cause the stock”.

§ 1.409A-4

4. On page 40584, first column, in the third and fourth line of paragraph (a)(1)(ii)(B), the language “ *substantial risk of forfeiture* —( *1* ) *Risk of forfeiture disregarded.* ” is corrected to read “ *substantial risk of forfeiture.”.*

5. On page 40584, first and second column of paragraphs “(a)(1)(ii)(B)(i), (ii), and (iii)” are renumbered as “(a)(1)(ii)(B)( *1* ), ( *2* ), and ( *3* )” respectively.

Martin V. Franks,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).