Treatment of amounts deferred under certain nonqualified deferred compensation plans.

# (a) In general.

Section 3306(r)(2) provides a special timing rule for the tax imposed by section 3301 with respect to any amount deferred under a nonqualified deferred compensation plan. Section 31.3121(v)(2)-1 contains rules relating to when amounts deferred under certain nonqualified deferred compensation plans are wages for purposes of sections 3121(v)(2), 3101, and 3111. The rules in § 31.3121(v)(2)-1 also apply to the special timing rule of section 3306(r)(2). For purposes of applying the rules in § 31.3121(v)(2)-1 to section 3306(r)(2) and this paragraph (a), references to the Federal Insurance Contributions Act are considered references to the Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.), references to FICA are considered references to FUTA, references to section 3101 or 3111 are considered references to section 3301, references to section 3121(v)(2) are considered references to section 3306(r)(2), references to section 3121(a), (a)(5), and (a)(13) are considered references to section 3306(b), (b)(5), and (b)(10), respectively, and references to § 31.3121(a)-2(a) are considered references to § 31.3301-4.

# (b) Effective dates and transition rules.

Except as otherwise provided, section 3306(r)(2) applies to remuneration paid after December 31, 1984. Section 31.3121(v)(2)-2 contains effective date rules for certain remuneration paid after December 31, 1983, for purposes of section 3121(v)(2). The rules in § 31.3121(v)(2)-2 also apply to section 3306(r)(2). For purposes of applying the rules in § 31.3121(v)(2)-2 to section 3306(r)(2) and this paragraph (b), references to section 3121(v)(2) are considered references to section 3306(r)(2), and references to section 3121(a)(2), (a)(3), or (a)(13) are considered references to section 3306(b)(2), (b)(3), or (b)(10), respectively. In addition, references to § 31.3121(v)(2)-1 are considered references to paragraph (a) of this section. For purposes of applying the rules of § 31.3121(v)(2)-2 to this paragraph (b)—

(1) References to “December 31, 1983” are considered references to “December 31, 1984”;

(2) References to “before 1984” are considered references to “before 1985”;

(3) References to “Federal Insurance Contributions Act” are considered references to “Federal Unemployment Tax Act”; and

(4) References to “FICA” are considered references to “FUTA”.

[64 FR 4541, Jan. 29, 1999]