Non-Qualified Deferred Compensation: Strategies for Corporate Executives

By?Christian Patterson, CFP?, Wealth Advisor

In today’s ever-changing economic landscape, it’s essential to explore financial strategies that can help secure your future and maximize your wealth accumulation potential. Non-Qualified Deferred Compensation (NQDC) plans provide an exciting opportunity to achieve these goals.

In this blog post, we will discuss the benefits of NQDC plans in simpler terms and explore strategies to make the most of them. However, it is important to keep in mind the rules and regulations of NQDC plans that may not make them suitable for everybody.

1. Tax Deferral: Keeping More of What You Earn

One of the biggest advantages of NQDC plans is their ability to help you reduce your current tax bill. By deferring a portion of your income, you can potentially lower your taxable income, which means you pay fewer taxes now. Instead, you defer those taxes until a later date when you may be in a lower tax bracket. This deferred tax money can be invested and potentially grow over time, giving you an extra financial boost.

Your goals for the future may impact your decision on whether you wish to participate in your NQDC plan. It is important to consider the impact of your state income taxes when making elections on whether you wish to participate in the plan or not. Generally, the NQDC payments will be sourced to the state in which the income was originally earned. However, depending on your payout elections, you may inadvertently cause these distributions to be taxed by the state you are living in during retirement which could potentially result in paying higher state income taxes.

1. Planning for an Early Retirement

NQDC plans can be a valuable tool for executives looking to retire early. By deferring a portion of your income into the plan, you can accumulate significant savings that can be accessed without penalty if you wish to retire before age 59 ? (or 55 when using the ‘Rule of 55’). With careful planning and consistent contributions, you may be able to retire earlier than expected, enjoy the rewards of your hard work, and pursue your personal passions.

Because this is a non-qualified plan, you can access the money inside the plan without early withdrawal penalties like you would expect in qualified plans like your 401(k). With proper planning, this can help ensure you have a steady income to retire earlier and bridge the gap until you can take penalty free distributions from your qualified accounts.

1. Navigating the Ins and Outs

While NQDC plans offer appealing benefits, it is important to understand the rules and regulations governing them. These plans have strict timing and distribution rules, limited abilities to make changes, and harsh penalties for non-compliance. These rules are listed out in Section 409A of the IRC, but a few notable points are:

• Participants must elect compensation deferrals before the year in which the compensation is earned.
• Distributions may only occur at specific triggering events.
• Changes to deferral elections must be pushed out a minimum of five years from the original date of distribution.

It is advisable to seek guidance from financial professionals who specialize in executive compensation. They can help you navigate the complexities, ensuring compliance and optimizing the benefits of your NQDC plan.

Non-Qualified Deferred Compensation plans have become a powerful planning tool for corporate executives, but they do not come without strict limitations and rules. However, proper planning can help you take advantage of the tax deferral benefits, achieve early retirement goals, and ultimately save more for your future once you have fully contributed to other available retirement accounts.

Remember, each executive’s situation is unique, so it’s crucial to seek personalized advice from qualified financial professionals who can tailor a strategy to your specific goals and circumstances.

Embrace the potential of NQDC plans to build a secure and prosperous future. Your financial well-being deserves nothing less.

To learn more about NQDC plans and how they can benefit you, contact our team of experts at Exencial Wealth Advisors. Let us help you Spend Life Wisely.

Disclaimer: The information provided in this article is for educational purposes only and should not be considered as financial or legal advice. Please consult with your financial and tax advisors to determine the suitability of NQDC plans for your individual circumstances.

Exencial Wealth Advisors is an SEC-registered investment adviser.? Any references to the terms “registered investment adviser” or “registered,” do not imply that Exencial or any person associated with Exencial has achieved a certain level of skill or training.