[Code of Federal Regulations]
[Title 26, Volume 15]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR31.3306(r)(2)-1]

[Page 185-186]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 31_EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE--Table of Contents
 
  Subpart D_Federal Unemployment Tax Act (Chapter 23, Internal Revenue 
                              Code of 1954)
 
Sec. 31.3306(r)(2)-1  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 Sec. 31.3121(v)(2)-1 
also apply to the special timing rule of section 3306(r)(2). For 
purposes of applying the rules in Sec. 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

[[Page 186]]

Sec. 31.3121(a)-2(a) are considered references to Sec. 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 Sec. 31.3121(v)(2)-2 also apply to 
section 3306(r)(2). For purposes of applying the rules in Sec. 
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 Sec. 31.3121(v)(2)-1 are considered references 
to paragraph (a) of this section. For purposes of applying the rules of 
Sec. 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]