The following information has been superseded and should no longer be relied on when e-filing your return. This information is posted only for historical purposes. Tax year 2020 E-file for Large Business and International (LB&I) – Frequently asked questions – Tax year 2020 Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to Comply with § 409A(a) – Notice 2008-113 and Notice 2010-6 provide relief and guidance on corrections of certain failures of a nonqualified deferred compensation plan to comply with the operational requirements and the plan document requirements applicable under § 409A(a). Both Notice 2008-113 and Notice 2010-6 require that, to be eligible for relief under the notice, service recipients and service providers comply with certain reporting requirements by attaching information statements related to the corrections to their tax returns. Corporate taxpayers who electronically file may fulfill the requirement to attach a statement as instructed in Notice 2008-113 and Notice 2010-6 by attaching a General Dependency and entitling it "Section 409A Corrections Attachment." LB&I Industry Director Guidance – "Directive on Examination Action with Respect to Certain Gain Recognition Agreements" was posted on July 26, 2010. This memorandum applies to a timely-filed document that purports to be a gain recognition agreement ("GRA") with respect to an initial transfer, but does not satisfy the requirements in §1.367(a)-8(c)(2). This memorandum also applies to all filings required to be made during the term of a timely-filed GRA with respect to an initial transfer ("original GRA"), or a timely-filed document described in the preceding sentence. Taxpayers filing an amended return are instructed to mark "Filed pursuant to Directive of Examination Action with respect to Certain Gain Recognition Agreement" on the first page of the amended return. Taxpayers who electronically file may fulfill the requirement to mark "Filed pursuant to Directive of Examination Action with respect to Certain Gain Recognition Agreement" at the top of the amended return by attaching a General Dependency and entering "GRA Directive" "in the Description field of the 1120 return with the amended return checkbox checked. In addition, taxpayers must enter "Filed pursuant to Directive of Examination Action with respect to Certain Gain Recognition Agreement" in the explanation (attachment information) field of the General Dependency. Any complete and accurate filing that should have been included with the original return that is attached to the amended return should be attached as a PDF. See (Recommended Names and Descriptions for PDF Files attached to Modernized e-File (MeF) Business Submissions) for guidance on naming the attached PDF files. Return to: E-file for Large and Mid-Size Corporations
