
Deferred compensation can be a complex topic, but it's essential to understand how it affects your earned income and tax obligations.
Deferred compensation is considered taxable income, and it's reported on your tax return as ordinary income.
For example, if you receive a deferred compensation payment of $10,000, you'll need to report it as income on your tax return.
This can impact your tax bracket and the amount of taxes you owe.
Deferred compensation is subject to income tax withholding, just like regular wages.
You can expect to have taxes withheld from your deferred compensation payments, which will be reported on your Form W-2.
What is Deferred Compensation
Deferred compensation is a type of income that's deferred to a later date, typically retirement or a triggering event. This means the employer doesn't pay you the deferred amount until then.
You avoid taxes on the deferred income in the year you earn it, and you don't pay taxes on the interest accrued along the way. The balance of deferred compensation plans is assigned a rate of interest, which can be based on a fixed rate or the performance of a financial benchmark.
For high earners in the top tax brackets, the tax savings can be significant. Deferring $500,000 of income can save you $185,000 in taxes now, according to an example in the article.
Definition

Deferred compensation is a type of payment plan where an employer promises to pay an employee a certain amount of money in the future, often in retirement.
This type of plan allows employees to delay paying taxes on the compensation, which can be beneficial for individuals who expect to be in a lower tax bracket in the future.
Deferred compensation plans can be structured in various ways, including through a salary reduction agreement or a supplemental executive retirement plan.
A salary reduction agreement is a type of deferred compensation plan where an employee agrees to reduce their current salary in exchange for a future payment.
Supplemental executive retirement plans, also known as SERPs, are a type of deferred compensation plan designed for high-income executives who want to supplement their retirement income.
These plans are often used by companies to attract and retain top talent, as they offer a way for employees to save for retirement while reducing their current tax liability.
Reporting Requirements

Reporting requirements for deferred compensation plans can be complex and time-consuming.
You'll need to file an annual information return with the IRS, which will require you to provide detailed information about the plan, including the number of participants, the type of compensation being deferred, and the amount of contributions made to the plan.
The IRS will also require you to provide a copy of the plan document, which outlines the rules and provisions of the plan.
This document will need to be updated annually to reflect any changes made to the plan.
You'll also need to provide a statement to each participant, showing the amount of deferred compensation credited to their account and the total amount of contributions made to the plan.
This statement is typically provided to participants at the end of each year.
Deferred Compensation vs Earned Income
Deferred compensation can be a game-changer for those looking to semi-retire without sacrificing their Social Security benefits.

For tax purposes, deferred income is considered earned income at the time of payout, just like non-deferred income. FICA, Medicare, and unemployment taxes are still paid when earned, while federal and state taxes are deferred until payouts are taken.
You can have unlimited unearned income from sources like retirement plans, pensions, annuities, interest, dividends, and capital gains without losing any Social Security benefits.
Deferred compensation is counted when it's earned, not when it's received, for Social Security purposes. This means you can defer compensation from ages 55 to 61 and receive that money while you're between 62 and full retirement age without it counting against your Social Security retirement benefits.
To take advantage of this, make sure the details of your deferred compensation plan are recorded in the corporate minutes for your company if you're an owner or part owner.
Deferred Compensation Basics
Deferred compensation is a type of plan where an employer defers paying a portion of an executive's salary until after retirement or another triggering event occurs.
The money is not under your control to be invested, but is simply recorded as an obligation of the company to pay out to you in the future, with a risk of not being paid if the employer goes bankrupt.
The balance of deferred compensation plans is assigned a rate of interest, which can be based on a fixed rate or the performance of a financial benchmark like the S&P 500 Index.
Types of Deferred Compensation
Deferred compensation plans can be broadly categorized into three main types: nonqualified plans, qualified plans, and supplemental executive retirement plans (SERPs).
Nonqualified plans are often used by companies to reward key employees with a lump sum payment or a series of payments after retirement. These plans are not subject to ERISA, the Employee Retirement Income Security Act of 1974.
Qualified plans, on the other hand, are subject to ERISA and must meet certain requirements to be eligible for tax benefits. They include 401(k), 403(b), and thrift savings plans.

Supplemental executive retirement plans (SERPs) are a type of nonqualified plan that provides additional retirement benefits to executives. They can be used to supplement a company's qualified plan benefits.
The amount of deferred compensation varies widely depending on the plan. Some plans may offer a fixed percentage of the employee's salary, while others may offer a fixed dollar amount.
Tax Implications
Deferred compensation plans are subject to income tax, but the tax implications can be complex.
The income earned from a deferred compensation plan is taxed as ordinary income when it's paid out to the employee.
You'll typically pay taxes on the deferred income when you receive it, not when it's earned.
This can result in a significant tax burden, especially if you're in a higher tax bracket.
The tax implications can also impact your overall tax strategy.
You may be able to reduce your tax liability by choosing the right type of deferred compensation plan or by making smart investment decisions.
How it Works

Deferred compensation is a type of benefit that's earned over time, just like your salary. You'll owe Social Security and Medicare taxes on the income when you take the distributions, just like you did during your working years.
You can think of deferred compensation as a delayed payment plan, where you receive your earnings at a later date. In tax years when you take the distributions, it's considered earned income.
The key thing to remember is that deferred compensation is not tax-free, it's just delayed. You'll still owe taxes on the income when you receive it, which is usually in retirement or at a later age.
Deferred compensation is a benefit that's often offered by employers as a way to attract and retain top talent. It's a way for you to save for the future and receive a steady income stream in retirement.
Benefits and Drawbacks
Deferred compensation can be a valuable benefit for employees, but it's essential to consider the pros and cons.

One of the main benefits of deferred compensation is that it can help employees save for retirement or other long-term goals.
Deferred compensation plans can be a great way to supplement an employee's income, especially for those who are not eligible for a company's 401(k) or other retirement plans.
A key advantage of deferred compensation is that it allows employees to delay paying taxes on their income until they withdraw the funds in retirement, which can help reduce their tax liability.
However, deferred compensation plans can also come with some drawbacks, such as the risk of forfeiting the funds if the employee leaves the company before a certain period.
In some cases, deferred compensation plans may require employees to pay a penalty if they withdraw the funds before a certain age, such as 55 or 59 1/2.
Deferred compensation plans can be complex and may require employees to make difficult decisions about how to manage their finances.
To make the most of a deferred compensation plan, employees should carefully review the terms and conditions of the plan and consider seeking advice from a financial advisor.
Taxation of Deferred Compensation
Deferred compensation is considered earned income in the tax years you take distributions. You'll owe Social Security and Medicare taxes on this income just like you did on income during your working years.
FICA and Medicare taxes are still paid when earned, as are unemployment taxes. Federal and state taxes are deferred until payouts are taken.
When you take payouts from a deferred compensation plan, you'll owe taxes on that income.
Tax Rates
Tax rates for deferred compensation can be complex, but let's break it down. The tax rates for deferred compensation plans are typically determined by the type of plan and the employee's tax filing status.
Ordinary income tax rates apply to deferred compensation payments. These rates range from 10% to 37% depending on the employee's tax bracket.
Deferred compensation plans can be subject to payroll taxes, which include Social Security and Medicare taxes. These taxes typically range from 7.65% to 15.3% of the deferred compensation payment.
The tax rates for deferred compensation plans can be influenced by the tax law changes, such as the Tax Cuts and Jobs Act of 2017.
Tax Deductions
Taxes are deferred in a 401(k) and other qualified plans, but once in retirement, taxes must be paid on any distributions.
A 401(k) allows employees to contribute a portion of their paycheck to their retirement account, but an NQDC plan lets high-income earners contribute before taxes, saving them a lot of money in taxes.
Unlike a 401(k), an NQDC doesn't have annual contribution limits, which can be a big advantage for those who want to save more.
However, NQDCs don't have the same protections as 401(k)s, so if the company files for bankruptcy, contributors might lose all their funds.
The main benefit of an NQDC is that it spreads tax liabilities out over many years, which can be a huge relief for those in the top tax brackets.
NQDCs allow employees to elect how money comes from their plans, which can be a lump sum, a specific year, or installments, and once these options are selected, they are locked in.
This means employees can't change their mind and roll their NQDC into a traditional IRA like they can with a 401(k), which is something to consider carefully.
Impact on Benefits
The impact of taxation on deferred compensation can be significant.
Taxation of deferred compensation can lead to a reduced benefit amount for the employee. The amount of taxes owed will depend on the type of deferred compensation plan and the individual's tax bracket.
Deferred compensation plans can be subject to income tax withholding, which can reduce the employee's take-home pay. This is because the employer is required to withhold taxes on the deferred compensation payments.
In some cases, the taxation of deferred compensation can also lead to a higher tax liability in retirement. This is because the deferred compensation payments will be taxed as ordinary income, which can push the employee into a higher tax bracket.
The tax implications of deferred compensation can be complex, and it's essential for employees to understand their individual situation.
Part-Time Income and Social Security Payouts
If you're considering semi-retirement, be aware that part-time income can affect your Social Security payouts. For every $2 earned over $21,240 in 2023, you'll lose $1 in Social Security benefits.

You can earn unlimited amounts after reaching full retirement age without losing any Social Security benefits. However, this only applies to earned income, not unearned income like retirement plans, pensions, or interest.
The Social Security Earnings Test only applies to people below the normal retirement age. With some planning, you can reduce earned income and make up the shortfall with unearned income using a deferred compensation plan.
Deferred compensation is counted when it's earned, not when it's received, for Social Security purposes. This means you can defer compensation from ages 55 to 61 and receive that money while you're between 62 and full retirement age without counting against Social Security retirement benefits.
To take advantage of this, record the details of your deferred compensation plan in your company's corporate minutes, including the reason for deferring compensation. This way, you can work just enough to earn the allowable amount for that year, preserving your Social Security benefits.
Frequently Asked Questions
Is deferred compensation considered earned income for social security?
For Social Security purposes, deferred compensation is considered earned income, not when it's received, but when it's earned. This means it won't affect your Social Security retirement benefits if received between age 62 and your full retirement age.
How is deferred compensation reported to IRS?
Deferred compensation is reported to the IRS as wages on Form 941 and Form W-2, with specific details in box 1 of Form W-2 and box 12 using code Z. This includes reporting ยง 409A income, which is subject to unique tax treatment.
What types of income are not considered earned income?
Types of income not considered earned income include non-wage payments such as interest, dividends, pensions, annuities, Social Security, unemployment benefits, alimony, and child support. These types of income are not subject to the same tax withholding rules as earned income.
Sources
- https://www.realized1031.com/blog/does-deferred-income-count-as-earned-income
- https://seniorexecutive.com/the-basics-of-deferred-compensation-plans/
- https://www.nerdwallet.com/article/investing/deferred-compensation
- https://www.ssacpa.com/max-out-your-social-security-benefits/
- https://www.greatoakadvisors.com/deferred-compensation/
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