Are you looking for an effective way to save for retirement? Many people are turning to Non-Qualified Deferred Compensation (NQDC) plans as a way to supplement their existing retirement savings. NQDC plans provide a unique way to save for retirement that can be tailored to fit your individual needs.
At Creative Advising, we know that navigating the world of retirement planning can be confusing. That’s why we’re here to help you understand what a Non-Qualified Deferred Compensation (NQDC) plan is and how it can help you save for your retirement.
A Non-Qualified Deferred Compensation (NQDC) plan is an arrangement between an employer and an employee that allows the employee to defer a portion of their salary or bonus into a retirement savings account. The employer agrees to pay the employee a predetermined amount of money at a later date, usually at retirement age. The employee does not pay any taxes on the deferred amount until they receive the money at retirement age.
NQDC plans offer many advantages to both employers and employees. For employers, they can use NQDC plans to attract and retain top talent, while for employees, they can enjoy tax-deferred savings and the potential for higher returns on their investments.
At Creative Advising, our team of certified public accountants, tax strategists and professional bookkeepers can help you understand the ins and outs of NQDC plans. We’ll help you determine if an NQDC plan is the right fit for your retirement savings needs. Contact us today to learn more about how we can help you get the most out of your retirement savings.
Overview of NQDC Plans
Non-Qualified Deferred Compensation (NQDC) plans are a type of retirement savings plan, often in place of a conventional 401(k) or individual retirement account. With NQDC plans, employees can defer a portion of their salary or bonus now and pay taxes on it later when they decide to take a withdrawal. This setup has its advantages and disadvantages, which will be discussed in more depth.
At its core, an NQDC plan is an agreement between employee and employer where they agree a set amount from salary and/or bonus will be deferred at the current value, and the employee will not pay taxes on the money until a specified time. Not all employers offer NQDC plans, as it is not typically found in the scope of small employers. This type of retirement plan is most commonly found in large corporations or for executive employees in smaller companies.
When an employee agrees to an NQDC plan, the employer will set up an investment account in the employee’s name, so they are able to receive investment returns from the tax-deferred dollars. This setup works as a benefit for the employer, as the deferred compensation can reduce their tax obligation in the year in which it was earned, as well as the year it is paid back out to the employee.
It is important to note that there are significant tax implications to consider when setting up and taking withdrawals from NQDC plans. The payments may be subject to both federal and state taxation and will depend on the type of plan and nature of the withdrawal. Consequently, it is a good idea to speak with a qualified tax professional when creating and submitting an NQDC plan.
In conclusion, NQDC plans are beneficial for both the employer and the employee, as they provide the employee with an opportunity to defer compensation that can be invested and taxed at a later time. However, due to the complexities and tax implications of the plan, it is important to consult a professional to ensure the plan is set up correctly and in compliance with current tax regulations.
Advantages and Disadvantages of NQDC Plans
Non-Qualified Deferred Compensation (NQDC) plans have grown in popularity in recent years as a way for employers to reward their key employees and executives. While these plans provide many different advantages, such as tax deferral, there are also some potential disadvantages to consider as well.
The primary advantage of a NQDC plan is the ability to defer taxation of the deferred compensation. This provides an opportunity to defer current taxation on income until it is actually received by the employee. This may provide some significant tax savings for key employees and executives who use the plan.
The main disadvantage of NQDC plans is the potential complexities and associated risks associated with the plan. NQDC plans are highly regulated and must be structured properly to receive favorable tax treatment. It is also important to choose an appropriate plan provider in order to ensure the security and protection of employee income. Additionally, setting up an NQDC plan requires a significant level of administrative effort and cost.
What is a Non-Qualified Deferred Compensation (NQDC) Plan? A NQDC plan is an employer-employee agreement, typically for senior executives or other key employees, which allows the employer to set aside a portion of income for later, usually tax-deferred, payment to the employee. These plans provide an opportunity for employers to reward and retain top talent while providing them with a favorable tax incentive. NQDC plans are not subject to the contribution and vesting restrictions that govern qualified plans, such as 401(k)s. However, these plans are subject to certain strict rules regarding taxation, as well as reporting and disclosure requirements.
Tax Implications of NQDC Plans
The taxation of Non-Qualified Deferred Compensation (NQDC) plans, also known as 409(a) plans, must be understood when considering implementing this type of retirement plan. The underlying principle is that a non-qualified plan allows for the deferral of taxes until a future date. As such, the employee must establish when the income will be taxed, which can be when the funds are received or at distributions. The Internal Revenue Service (IRS) imposes a penalty and taxes on salary or bonus deferred and funded in an NQDC plan that is not contributed upon termination or other specified events.
The primary tax implications of NQDC plans come into play when the deferred funds are received at a later date. The entire amount falls into the taxable income of the recipient, and is taxed at the recipient’s current tax rate. This can be beneficial for individuals whose income may be lower than when originally earned. Furthermore, employer contributions are currently taxed to the employee in the year received, and thus become taxable income for the employee in that year. The employee’s contributions on the other hand, are allowed with no taxes due while the contributions are in the NQDC plan.
Depending on the state, taxes may also be due when an employee withdraws his or her contributions from the NQDC plan. The amount withdrawn must be reported as either an ordinary income or capital gain.
It is important to keep in mind that NQDC plans are heavily regulated by the IRS, and differ from qualified plans that provide deductions on income taxes when the funds being contributed are not subject to current income tax. Therefore, it is beneficial to consult a tax professional when establishing any type of deferred compensation plan.

Types of NQDC Plans
A Non-Qualified Deferred Compensation (NQDC) plan is an incentive program that is used by employers to provide deferred compensation to their employees or corporate directors. The main objective of these plans is to provide benefits to key employees or directors over and above their regular compensation program. Non-qualified deferred compensation plans help employers encourage and reward executive-level employees or large shareholders for their loyalty and performance.
NQDC plans come in various different types which differ depending on the type of incentive structure or award being offered, the type of funding used to pay the benefits, and whether the benefits are paid out in a lump sum or over time.
Some of the most common types of NQDC plans include Deferred Bonuses, Deferred Bonus Arrangements, 457 Deferred Compensation Plans, Deferred Profit-Sharing Plans, Deferred Retirement Plans, 401(h) Medicare Reimbursement Arrangements, and Deferred Stock Awards.
Deferred bonus arrangements are the most common type of NQDC plan. These arrangements involve the employer setting aside a portion of an employee’s compensation for a specific period of time. The employee receives the money at the end of the deferral period in the form of a bonus.
Deferred profit-sharing plans provide employees with the opportunity to defer a portion of their salary into an account that is invested in stocks, bonds, or other investments. The employee can also receive tax deferral benefits for amounts they choose to defer in a deferred profit-sharing plan.
Deferred retirement plans are a type of non-qualified deferred compensation plan that allows employees to make contributions that will be unavailable until the employee reaches a specific age or other triggering event. Once the triggering event occurs, such as reaching retirement age, the employees can access the money in the form of deferred income or a lump sum.
Employers and employees are both responsible for understanding and participating in NQDC plans. Employers are responsible for correctly classifying their plans, filing the appropriate forms with the IRS, and adhering to the rules and regulations associated with these plans. Employees are responsible for understanding their options, reading the plan documents provided by their employer, and carefully considering their choices.
Employer and Employee Responsibilities for NQDC Plans
Creating and maintaining a non-qualified deferred compensation (NQDC) plan is a complex task filled with tax and legal considerations. It’s important for both employers and employees to understand their responsibilities when it comes to NQDCs. Employers must manage fiduciary duties related to NQDCs, which include the duty to exercise prudence, loyalty, and care in the process of creating a plan. Employers must also ensure that their NQDCs comply with federal and state laws, including those related to withholding, reporting, and non-discrimination.
Employees should also understand their rights, liabilities, and responsibilities under a NQDC plan. This includes understanding the terms of the plan, such as when and how to make a deferral and when they can take a distribution. At the same time, it’s important for them to be aware of any potential federal and state taxes related to participation in the plan.
What is a Non-Qualified Deferred Compensation (NQDC) plan? A NQDC plan, also known as a nonqualified plan, allows an individual to set aside a portion of their earnings to be distributed to them at a later date. Unlike with traditional deferred compensation plans, there are no annual contribution limits, so you can save as much as you want. The contributions are made with after-tax dollars, and distributions are subject to federal and state taxes.
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