409A Won’t Be Ready By 1/1/07

While I was on vacation, I got an email from someone much more “in the know” than I am that it is highly unlikely that the final 409A regulations will be finalized in time for them to be effective by 1/1/07.  Daniel Hogans – attorney-advisor in the Treasury Office of Tax Policy – stated during a speech at the American Law Institute-American Bar Association’s meeting last week that the proposed regulations’ effective date of Jan. 1, 2007, is “increasingly unworkable at this point.” People can “reasonably expect to see additional guidance” on the effective date issue.  Hogans said he did not expect structural changes in the final regulations, but there will be changes in the details.