Frequently asked questions
How is deferred compensation taxed when you finally receive it?
As ordinary income in the year of payment, at whatever federal and state rates apply to you that year. There's no capital gains treatment and no basis, unlike a brokerage account. Payroll taxes work differently: Social Security and Medicare are generally assessed when the amount vests rather than when it's paid, which is why your W-2 in a deferral year and your 1099 in a payout year can look strange side by side. The IRS covers the mechanics in its nonqualified deferred compensation guide.
What happens to my deferred compensation if I quit or get laid off?
It depends on your plan document, and this is the clause worth reading before you resign. Many plans pay out on separation from service under the schedule you elected, some accelerate, and some impose a six-month delay for specified employees at public companies. A separation that triggers a lump sum in a year you also received severance and a final equity vest can land the whole balance in your highest bracket ever. Executives we work with at Tailored Wealth often find their exit date has to move by one quarter for exactly this reason.
Is deferred compensation better than a 401(k)?
They do different jobs. The 401(k) is protected, portable, and flexible after 59½. Deferred comp has no contribution limit worth speaking of, which is its real advantage for a high earner, but it carries employer credit risk and an inflexible schedule. For most executives the answer isn't either/or, it's how much to run through each and in what order to draw them down.
Can I change my distribution election later?
Rarely, and not casually. Section 409A generally requires that a change be made at least 12 months before the scheduled payment and that the new date be at least five years later. Treat the original election as close to permanent and make it against a model, not a hunch.
Should I take it as a lump sum or in installments?
Installments spread the income across years and usually preserve more bracket control, which matters if you're planning Roth conversions. A lump sum makes sense when you have a reason to want the money out of the company quickly, such as concern about employer credit, or a single low-income year that can absorb it. The right answer follows from your exit year, which is why we sequence it alongside the rest of a hybrid retirement, our term for the multi-year transition to work-optional income, rather than treating it as a standalone form.
