What income type must be included under Rule 409A?

Nonqualified deferred compensation is the income type that must be included under Rule 409A. Rule 409A was enacted as part of the American Jobs Creation Act of 2004 and regulates the taxation of certain types of deferred compensation plans. Under this rule, nonqualified deferred compensation refers to compensation that is earned in one year but paid in a future year without meeting specific tax code requirements.

The inclusion of nonqualified deferred compensation under Rule 409A is crucial because it establishes the timing and manner in which such income can be deferred. If the nonqualified deferred compensation plan does not comply with the requirements set forth in Rule 409A, the deferred amounts may become immediately taxable to the employee, along with potential additional penalties.

Other types of income, such as qualified dividends, short-term capital gains, and long-term capital gains, are not governed by Rule 409A, as they relate to different categories of taxation and do not involve deferred compensation arrangements that would warrant the same regulatory attention.