How to Insure Your Income: Qualified or Non-Qualified

Deferred compensation plans may be classified as qualified or non-qualified. Most often, these plans will be non-qualified. As a non-qualified plan:

  • the employer is free to discriminate as to which employees will participate;
  • the plan need not be filed with the IRS;
  • any investment income on contributions made to the plan is not tax-deferred (for the employer);
  • the employer does not enjoy a current tax deduction on contributions; and
  • the plan must be in writing and communicated to the employee(s).

The principal appeal of a non-qualified plan for most companies is that the plan can be discriminatory. It can be selective. The employer can include a single person or a small group of key personnel -- and exclude other workers.

A qualified deferred compensation plan is similar to any other qualified retirement plan:

  • the employer cannot discriminate as to participation;
  • the plan must be filed with and approved by the IRS;
  • investment income is tax-deferred;
  • the employer will receive a current tax deduction for contributions; and
  • the plan must be in writing and communicated to the employee(s).
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