myCPE
myCPE

Section 409A Exceptions 1 Credit

Jan 08, 2025, 10:00 AM ET

Section 409A Exceptions 1 Credit

  • Rating

    4.2
  • Reviewed on

    February, 2024
  • Subject Area

    Taxes

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  • Access the course at your convenience
  • Take the assessment test
  • Get your certificate
  • Attend the live interactive session
  • Answer the polling questions
  • Get your certificate
Jan 08, 2025, 10:00 AM ET

Learning Objective

  • To explain the concept of a substantial risk of forfeiture and how it interacts with the short-term deferral exception.
  • To discuss how one can take advantage of certain severance-related exceptions.
  • To examine when to obtain a tax code Section 409A valuation and why it is valuable.
  • To identify what type of equity is subject to the Section 409A rules and what type is not.
  • To analyze when payments to independent contractors are not subject to Section 409A.

Course Overview

Section 409A of the tax code governs nonqualified deferred compensation. It is a hyper-technical rule that frequently trips up founders and their advisors alike and has very punitive tax results.

Under regulations issued by the IRS, Section 409A applies whenever there is a "deferral of compensation," which occurs whenever an employee has a legally binding right during a taxable year to compensation that is or may be payable in a later taxable year. This course will discuss the various exceptions, excluding from the Section 409A rules compensation that would otherwise fall within this definition.

This course covers the following Major Topics: 

  • What is Section 409A?
  • To what does Section 409A Apply?
  • What happens if you violate Section 409A?
  • The Review Process
  • What are the Exceptions?

Join this CE Tax Webinar we will cover how to avoid common Section 409A pitfalls by qualifying for one or more exceptions from the rules.

On Demand Credits for All Qualifications

Nano Credits for All Qualifications

On Demand Credits for All Qualifications

Live Webinar Credits for All Qualifications

License details Credits Status
Taxes for Certified Public Accountants (CPA-US) 1 CPE Approved
Federal tax-related matters for Enrolled Agents (EA) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for Annual Filing Season Program (AFSP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for California Registered Tax Preparers (CRTP) (Approval No. 6273-CE-1202) 1 CE Approved
Taxes for Delaware Licensed Public Accountant (DE-LPA) 1 CPE Eligible
Federal tax-related matters for Oregon Registered Tax Preparers (ORTP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for LTC (Approval No. GEHNZ-T-01487-23-S) 1 CE Eligible
Taxes for Iowa Licensed Public Accountant (IA-LPA) 1 CPE Eligible
Taxes for Maine Licensed Public Accountant (ME-LPA) 1 CPE Eligible
Federal tax-related matters for Maryland Tax Preparer (MRTP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
License details Credits Status
Taxes for Certified Public Accountants (CPA-US) 1 CPE Approved
Federal tax-related matters for Enrolled Agents (EA) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for Annual Filing Season Program (AFSP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for California Registered Tax Preparers (CRTP) (Approval No. 6273-CE-1202) 1 CE Approved
Taxes for Delaware Licensed Public Accountant (DE-LPA) 1 CPE Eligible
Federal tax-related matters for Oregon Registered Tax Preparers (ORTP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for LTC (Approval No. GEHNZ-T-01487-23-S) 1 CE Eligible
Taxes for Iowa Licensed Public Accountant (IA-LPA) 1 CPE Eligible
Taxes for Maine Licensed Public Accountant (ME-LPA) 1 CPE Eligible
Federal tax-related matters for Maryland Tax Preparer (MRTP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
License details Credits Status
Taxes for Certified Public Accountants (CPA-US) 1 CPE Approved
Federal tax-related matters for Enrolled Agents (EA) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for Annual Filing Season Program (AFSP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for California Registered Tax Preparers (CRTP) (Approval No. 6273-CE-1202) 1 CE Approved
Taxes for Delaware Licensed Public Accountant (DE-LPA) 1 CPE Eligible
Federal tax-related matters for Oregon Registered Tax Preparers (ORTP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
Federal tax-related matters for LTC (Approval No. GEHNZ-T-01487-23-S) 1 CE Eligible
Taxes for Iowa Licensed Public Accountant (IA-LPA) 1 CPE Eligible
Taxes for Maine Licensed Public Accountant (ME-LPA) 1 CPE Eligible
Federal tax-related matters for Maryland Tax Preparer (MRTP) (Approval No. GEHNZ-T-01487-23-S) 1 CE Approved
License details Credits Status
Taxes for Certified Public Accountants (CPA-US) 1 CPE Approved
Federal tax-related matters for Enrolled Agents (EA) (Approval No. GEHNZ-T-01487-23-O) 1 CE Approved
Federal tax-related matters for Annual Filing Season Program (AFSP) (Approval No. GEHNZ-T-01487-23-O) 1 CE Approved
Federal tax-related matters for California Registered Tax Preparers (CRTP) (Approval No. 6273-CE-1202) 1 CE Approved
Taxes for Delaware Licensed Public Accountant (DE-LPA) 1 CPE Eligible
Federal tax-related matters for Oregon Registered Tax Preparers (ORTP) (Approval No. GEHNZ-T-01487-23-O) 1 CE Approved
Federal tax-related matters for LTC (Approval No. GEHNZ-T-01487-23-O) 1 CE Eligible
Taxes for Iowa Licensed Public Accountant (IA-LPA) 1 CPE Eligible
Taxes for Maine Licensed Public Accountant (ME-LPA) 1 CPE Eligible
Federal tax-related matters for Maryland Tax Preparer (MRTP) (Approval No. GEHNZ-T-01487-23-O) 1 CE Approved

Additional Information

Credit

1

Course Level

Basic

Instructional Method

QAS Self Study
Group Internet Based

Pre-requisites

None

Advance Preparation

None

IRS APPROVED

MY-CPE LLC, 1600 Highway 6 south, suite 250, sugar land, TX, 77478

MY-CPE LLC (Sponsor Id#: GEHNZ) has entered into an agreement with the Internal Revenue Service, to meet the requirements of 31 Code of Federal Regulations, section 10.6(g), covering aintenance of attendance records, retention of program outlines, qualifications of instructors, and length of class hours. This agreement does not constitute an endorsement by the IRS as to the quality of the program or its contribution to the professional competence of the enrolled individual. Credit earned by attendees with a PTIN will be reported directly to the IRS as required of all providers. To ensure your CPE hours are reported, update your profile in My Account to include your PTIN number. Please note: IRS CE is only mandatory for EAs and ERPAs. For all other tax return preparers, CE is voluntary.

NASBA APPROVED

MY-CPE LLC, 1600 Highway 6 south, suite 250, sugar land, TX, 77478

MY-CPE LLC (Sponsor Id#: 143597) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors.

Looking to fulfill your Enrolled Agent (EA) Continuing Education (CE) requirements? MY-CPE online Enrolled Agent CE courses are the best for you. Earn EA CE Credits while enhancing your domain knowledge and expertise in diverse tax regulations and practices. Our courses are designed to provide you with the latest updates and deep insights to keep you ahead in your field. With flexible scheduling and a user-friendly platform, MY-CPE offers you a greater convenient and interactive learning experience. Join MY-CPE today and take the next step in advancing your career as an Enrolled Agent. 

About Instructor

Mike Baker
Mike Baker

Partner, Baker Tax Law

  • 4.2
  • rating
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Mike Baker advises clients with respect to domestic tax matters and employee benefits and compensation. His clients include emerging companies, venture capital and private equity funds, and highly-compensated individuals.

Mike frequently advises regarding choice of entity, conversion between entity types, tax-free reorganizations and taxable exit transactions. Additional areas of expertise include qualified small business stock, equity compensation, tax code Section 83(b) elections, phantom equity, deferred compensation, and tax code Sections 280G and 409A. Mike has represented clients in over 400 M&A transactions, including transactions with consideration in excess of a billion dollars.

Mike also advises executives with respect to the negotiation of their employment agreements, equity compensation, and separation packages.

Mike taught individual income tax and corporate tax at Utah Valley University from 2015-2016 and employee benefits and compensation law at the University of Colorado Law School from 2013-2014.

Prior to founding Baker Tax Law, LLC, Mike spent a decade as a tax attorney in the Broomfield, Colorado office of Cooley LLP, and as a compensation and benefits attorney in the Palo Alto office of Wilson Sonsini Goodrich & Rosati, P.C. Mike has also interned for the Internal Revenue Service, where he worked as an auditor in the small business and self-employed division.

Education

  • NYU School of Law, LLM
  • Cornell Law School, J.D. (’06)
  • University of Sydney Law School (study abroad)
  • Brigham Young University (visiting student)
  • Utah State University, B.S. Accounting, magna cum laude

Bar Admissions

  • California
  • Colorado
  • Utah

Honors and Recognition

  • Recognized as a Rising Star by Super Lawyers

Prior Professional Experience


  • Cooley LLP, 2007-2016
  • WSGR, 2006-2007
  • Internal Revenue Service, 2000

On Demand FAQs

What is Self Study (QAS)?

Self Study QAS (Quality Assurance Service) is a NASBA and other regulatory bodies approved program designed for Professionals to complete their Continuing Professional Education credits through self-paced, interactive courses that meet the highest standards of quality and compliance. We are approved by NASBA, IRS, CFP Board, HRCI, SHRM, Payroll Org, FP Canada, and 25+ other regulatory bodies.

How do I earn CPE credits through self-study?

To earn CPE credits, you must complete the self-study course, pass the required assessments, and submit the necessary documentation. Credits are awarded based on the completion of course hours and successfully passing the assessments.

Are the self-study courses approved by NASBA and other regulatory bodies?

Yes, all our self-study courses are approved by NASBA, IRS, CFP Board, HRCI, SHRM, Payroll Org, FP Canada, and 25+ other regulatory bodies, ensuring they meet the rigorous standards for quality and educational content set by these organizations.

What are the requirements to maintain compliance with self-study courses?

To maintain compliance, you must follow the guidelines set by NASBA and other regulatory bodies, which include completing the course within the specified timeframe, passing the assessments, and keeping accurate records of your learning activities.

How can I access my course completion certificates?

After successfully completing a self-study course and passing the assessments, you can access and download your course completion certificates from your account dashboard on our platform. These certificates are recognized by NASBA, IRS, CFP Board, HRCI, SHRM, Payroll Org, FP Canada, and 25+ other regulatory bodies for compliance and reporting purposes.

How are credits reported to governing bodies?

We issue instant credit certificates, ensuring they are valid for presentation to governing bodies. Typically, we report IRS, CTEC, CFP, IDFP, IWI, VBOA Ethics credits within 7 days – the fastest in the industry.

Live Webinar FAQs

What is a Live Webinar Group Internet-Based Credit?

A Live Webinar Group Internet-Based Credit is an interactive, real-time online seminar where professionals can earn Continuing Education credits by participating in live sessions led by experts in various fields. These sessions meet the standards set by NASBA, IRS, CFP Board, HRCI, SHRM, Payroll Org, FP Canada, and 25+ other regulatory bodies.

How do I earn credits through live webinars?

To earn credits, you must attend the entire live webinar, actively participate in any polls or questions, and complete any required evaluations or assessments. Credits are awarded based on your attendance and participation in the live session.

Are the live webinars approved by NASBA and other regulatory bodies?

Yes, all our live webinars are approved by NASBA, IRS, CFP Board, HRCI, SHRM, Payroll Org, FP Canada, and 25+ other regulatory bodies, ensuring they meet the high standards for quality, interactivity, and educational content set by these organizations.

What are the requirements to maintain compliance with live webinar courses?

To maintain compliance, you must adhere to the guidelines set by NASBA and other regulatory bodies, which include attending the full duration of the webinar, participating in interactive elements, and completing any post-webinar evaluations or assessments.

How can I access my webinar completion certificates?

After successfully attending a live webinar and fulfilling all participation requirements, you can access and download your completion certificates from your account dashboard on our platform. These certificates are recognized by NASBA, IRS, CFP Board, HRCI, SHRM, Payroll Org, FP Canada, and 25+ other regulatory bodies for compliance and reporting purposes.

How are credits reported to governing bodies?

We issue instant credit certificates, ensuring they are valid for presentation to governing bodies. Typically, we report IRS, CTEC, CFP, IDFP, IWI, VBOA Ethics credits within 7 days – the fastest in the industry.

Reviews and Ratings

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DA

Donna Ansari, PHR
5

This was totally foreign to me, I definitely would like more courses in this topic.

MS

Michael Sowa, CPA (US)
5

Information was effectively presented and the course handout was excellent.

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