Present Law And Issues Related to Social Security Tax Treatment of Nonqualified Deferred Compensation : Scheduled for a Hearing Before the Subcommittee On Social Security of the House Committee On Ways And Means On April 5, 1990 Jcx-8-90

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This treatment conformed to the general treatment of benefits under qualified plans. However, the Internal Revenue Service (IRS) had taken the position with respect to tax-sheltered annuities (sec. 403(b)) that amounts paid pursuant to a salary reduction agreement were includible in the employee's social security wages. Amounts distributed from a tax-sheltered annuity were not includible in wages for employment tax purposes.
The 1983 Amendments provided that amounts that an employee electively
...contributes to a qualified plan (i.e., through a qualified cash or deferred arrangement), tax-sheltered annuity, eligible State deferred compensation plan, etc., are includible in wages when deferred. This change conformed the FICA tax treatment of such elective contributions to the treatment of contributions to an individual retirement arrangement (IRA). The 1983 Amendments did not otherwise change the exclusion of amounts contributed to, or distributed from, qualified plans from the definition of wages.

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