n-07-89.pdf

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Part III – Administrative, Procedural, and Miscellaneous
Reporting and Wage Withholding Under Internal Revenue Code § 409A
Notice 2007-89
I. PURPOSE
This notice provides guidance to employers and payers on their reporting and
wage withholding requirements for calendar year 2007 with respect to amounts
includible in gross income under § 409A of the Internal Revenue Code. This notice also
provides guidance to employers and payers on their reporting requirements with respect
to all deferrals of compensation under § 409A of the Internal Revenue Code for 2007.
This notice does not affect the application of § 3121(v)(2) or an employer’s reporting
obligations under § 31.3121(v)(2)-1 of the Employment Tax Regulations. In addition,
this notice provides guidance to service providers on their income tax reporting and tax
payment requirements with respect to amounts includible in gross income under § 409A
for 2007. Generally, these requirements for 2007 reflect an extension to 2007 tax years
of the guidance provided in Notice 2006-100 applicable to 2005 and 2006 tax years.
II. BACKGROUND
A. The American Jobs Creation Act of 2004
Section 885 of the American Jobs Creation Act of 2004, Pub. Law No. 108-357, 118
Stat. 1418 (the Act), added § 409A, which provides, inter alia, that all amounts deferred
under a nonqualified deferred compensation plan for all taxable years are currently
includible in gross income to the extent not subject to a substantial risk of forfeiture and
not previously included in gross income, unless certain requirements are met. Section
885(b) of the Act amended the Code to impose the following reporting and wage

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withholding requirements with respect to deferrals of compensation within the meaning
of § 409A.
• The Act amended §§ 6041 and 6051 to require that an employer or payer report
all deferrals for the year under a nonqualified deferred compensation plan on a
Form W-2 (Wage and Tax Statement) or a Form 1099-MISC (Miscellaneous
Income), regardless of whether such deferred compensation is includible in gross
income under § 409A(a).
• The Act amended § 3401(a) to provide that the term “wages” includes any
amount includible in the gross income of an employee under § 409A.
• The Act amended § 6041 to require that a payer report amounts includible in
gross income under § 409A that are not treated as wages under § 3401(a).
B. Notice 2005-1
On December 20, 2004, the IRS issued Notice 2005-1 (2005-1 C.B. 274), which
provides guidance with respect to the application of § 409A. Additionally, in accordance
with the amendments made by § 885(b) of the Act, Notice 2005-1 provides the following
with respect to reporting and wage withholding requirements for deferred amounts:
• An employer reports to an employee the total amount of deferrals for the year
under a nonqualified deferred compensation plan in box 12 of Form W-2 using
code Y. See Q&A-29.
• An employer reports amounts includible in gross income under § 409A and in
wages under § 3401(a) in box 1 of Form W-2 as wages paid to the employee
during the year and subject to income tax withholding. An employer also reports
such amounts in box 12 of Form W-2 using code Z. See Q&A-33.

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• A payer reports to a nonemployee the total amount of deferrals for the year under
a nonqualified deferred compensation plan in box 15a of Form 1099-MISC. See
Q&A-30.
• A payer reports amounts includible in gross income under § 409A and not treated
as wages under § 3401(a) as nonemployee compensation in box 7 of Form
1099-MISC. A payer also reports such amounts in box 15b of Form 1099-MISC.
See Q&A-35.
C. Final Regulations
On April 10, 2007, the IRS issued final regulations regarding the application of
§ 409A, applicable for taxable years beginning on or after January 1, 2008. See 72
Fed. Reg. 19234 (April 17, 2007). The regulations generally incorporate and expand on
the guidance provided in Notice 2005-1. Under Notice 2007-86, 2007-46 IRB __
(November 13, 2007), taxpayers generally are not required to comply with the final
regulations until January 1, 2009, but taxpayers may rely on the final regulations for
periods before January 1, 2009. The final regulations generally supersede Notice 2005-
1 for periods beginning after 2008. However, the regulations do not address reporting
and withholding requirements, and accordingly do not supersede Notice 2005-1, Q&A-
24 through Q&A-38, which address those issues. See Preamble to the Final
Regulations, Effect on Other Documents, 72 Fed. Reg. 19275.
D. Notice 2006-100
On November 30, 2006 the IRS issued Notice 2006-100, 2006-51 IRB 1109,
which provided guidance to employers and payers on their reporting and withholding
obligations with respect to deferrals of compensation and amounts includible in gross

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income under § 409A during calendar years 2005 and 2006. The notice permanently
waived employers’ and payers’ reporting requirements under §§ 6041 and 6051 for
calendar years 2005 and 2006 with respect to annual deferrals of compensation within
the meaning of § 409A (Form W-2, Box 12, Code Y and Form 1099, Box 15a). The
notice also provided guidance regarding the calculation of amounts includible in income
under § 409A, and the application of the employer and payer reporting and withholding
requirements for such amounts under § 409A (Form W-2, Box 12, Code Z and Form
1099, Box 15b).
III. INTERIM EMPLOYER AND PAYER REPORTING AND WAGE WITHHOLDING
PROVISIONS
This section provides guidance on employers’ and payers’ reporting and wage
withholding requirements for calendar year 2007.
A. 2007 Annual Deferrals
1. Amounts Reportable on Form W-2
For calendar year 2007, an employer is not required to report amounts deferred
during the year under a nonqualified deferred compensation plan subject to § 409A in
box 12 of Form W-2 using code Y.
2. Amounts Reportable on Form 1099-MISC
For calendar year 2007, a payer is not required to report amounts deferred
during the year under a nonqualified deferred compensation plan subject to § 409A in
box 15a of Form 1099-MISC.
B. 2007 Reporting and Withholding on Amounts Includible in Gross Income
under § 409A

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Section 3401(a) provides that for income tax withholding purposes the term
“wages” includes any amount includible in gross income of an employee under § 409A,
and payment of such amount is treated as having been made in the taxable year in
which the amount is includible in gross income. Thus, for calendar year 2007, an
employer must treat amounts includible in gross income under § 409A as wages for
income tax withholding purposes. An employer is required to report such amounts as
wages paid on line 2 of Form 941, Employer’s Quarterly Federal Tax Return, and in box
1 of Form W-2. An employer must also report such amounts as § 409A income in box
12 of Form W-2 using code Z. Amounts includible in gross income under section
§ 409A are supplemental wages for purposes of determining the amount of income tax
required to be deducted and withheld under § 3402(a), regardless of whether the
employer has paid the employee any regular wages during the calendar year of the
payment. See
Publication 15 for the withholding rules with respect to supplemental
wages. The amount required to be withheld is not increased on account of the
additional income taxes imposed under § 409A(a)(1)(B). Employees should thus be
aware that estimated tax payments may be required to avoid penalties under § 6654.
For nonemployees, § 6041(g)(2) requires a payer to report to a nonemployee any
amount that is includible in gross income under § 409A that is not treated as wages
under § 3401(a). Thus, for calendar year 2007, a payer must report amounts includible
in gross income under § 409A and not treated as wages under § 3401(a) as
nonemployee compensation in box 7 of Form 1099-MISC. A payer must also report
such amounts as § 409A income in box 15b of Form 1099-MISC.
1. Calculation of Amounts Includible in Income under § 409A(a) – In General

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Section 409A(a)(1)(A)(i) provides that if at any time during a taxable year a
nonqualified deferred compensation plan fails to meet the requirements of § 409A(a)(2),
(3) or (4), all compensation deferred under the plan for the taxable year and all
preceding taxable years shall be includible in gross income for the taxable year to the
extent not subject to a substantial risk of forfeiture and not previously included in gross
income. Accordingly, for purposes of this notice, the amount includible in gross income
under § 409A(a) and required to be reported by the employer or payer equals the
portion of the total amount deferred under the plan that, as of December 31, 2007, is not
subject to a substantial risk of forfeiture as defined in Notice 2005-1, Q&A-6, or the final
regulations, and has not been included in income in a previous year, plus any amounts
of deferred compensation paid or made available to the service provider under the plan
during the calendar year 2007. For purposes of this paragraph, an employer or payer
may treat an amount as previously included in income if properly reported by the
employer or payer on a 2005 or 2006 Form W-2, Form 1099-MISC, or Form W-2c or
corrected Form 1099-MISC. Thus, amounts properly reported on a 2005 or 2006 Form
W-2 or Form 1099-MISC, or Form W-2c or corrected Form 1099-MISC should not be
reported again on a 2007 Form W-2 or Form 1099-MISC. For the definition of a plan,
including the plan aggregation rules, see Notice 2005-1, Q&A-9, and § 1.409A-1(c).
Amounts includible in gross income under § 409A(a) include only amounts
deferred that are subject to § 409A. Accordingly, for purposes of this section III.B.1.,
references to amounts deferred under a plan, including references to account balances,
refer solely to amounts deferred that are subject to § 409A and not, for example, to
amounts deferred that were earned and vested prior to January 1, 2005 and that are not

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otherwise subject to § 409A due to the application of the effective date provisions. For
rules regarding the application of the effective date provisions of § 409A to nonqualified
deferred compensation plans, see § 1.409A-6.
The provisions of this notice addressing the calculation of the amounts includible
in income are intended as interim guidance only. The Treasury Department and the
IRS are currently formulating general guidance with respect to the calculation of the
amounts includible in income, as well as other related issues. For information regarding
the submission of comments on these topics, see section V. of this notice.
2. Wage Payment Date of Amounts Includible in Income under § 409A(a)
Amounts includible in gross income under § 409A(a) in 2007 that are either
actually or constructively received (disregarding the application of § 409A) by an
employee during the calendar year 2007, are considered a payment of wages by the
employer when received by the employee for purposes of withholding, depositing, and
reporting the income tax at source on wages under § 3401(a).
Amounts includible in gross income under § 409A(a) in 2007 that are neither
actually nor constructively received (disregarding the application of § 409A) by the
employee during the calendar year 2007, are treated as a payment of wages on
December 31, 2007 for purposes of withholding, depositing, and reporting the income
tax at source on wages under § 3401(a). If as of December 31, 2007 the employer
does not withhold income tax from the employee on such wages, or withholds less than
the amount of income taxes required to be withheld under § 3402 from the employee,
the employee will receive credit under § 31 for 2007 if the employer follows one of two
possible options. Under the first option, notwithstanding § 31.6205-1(c)(4), the

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employer withholds or recovers from the employee the amount of the undercollection
after December 31, 2007 and before February 1, 2008, and reports as wages for the
quarter ending December 31, 2007 such amounts that were neither actually nor
constructively received but are includible in income under § 409A on Form 941 for that
quarter and in box 1 of the employee’s Form W-2 for 2007. Under the second option,
the employer pays the income tax withholding liability on behalf of the employee
(without deduction from the employee's wages or other reimbursement by the
employee), and reports the gross amount of wages and the income tax withholding
liability for the quarter ending December 31, 2007 as including such amounts that were
neither actually nor constructively received but are includible in income under § 409A,
as well as the Federal Insurance Contributions Act, Federal Unemployment Tax Act,
and income tax withholding wages resulting from paying the income tax on the
employee’s behalf, on Form 941 and Form 940, Employers Annual Federal
Unemployment Tax Return, and in box 1 of the employee’s Form W-2 for 2007. See
Rev. Rul. 58-113 (1958-1 C.B. 362) and Rev. Rul. 86-14 (1986-1 C.B. 304) for methods
of computing gross wages when paying employment taxes on behalf of an employee.
In addition, for purposes of the deposit requirements associated with such wages, if the
income tax withholding liability with respect to such wages is paid to the IRS by the due
date of the Form 941 for the quarter ending December 31, 2007 on which the wages are
reported, then the amount of income tax withholding liability will be considered to have
been deposited in accordance with the rules of § 31.6302-1(c). Thus, penalties for
failure to deposit taxes under § 6656 will not be imposed with respect to such amount.
3. 2007 Amounts Includible in Income under § 409A(a)

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The following sections provide guidance for calculating the total amount deferred
under the plan as of December 31, 2007 for purposes of determining the amount
required to be included in gross income under § 409A(a) in accordance with the rules
described in section III.B.1. of this notice.
a. Account Balance Plans
For a plan that is an account balance plan as defined in § 1.409A-1(c)(2)(i)(A) or
(B), the amount deferred as of December 31, 2007 equals the amount that would be
treated as an amount deferred under § 31.3121(v)(2)-1(c)(1) on December 31, 2007 if
the entire account balance under such plan (including all principal amounts, adjusted
for income, gain or loss credited to the service provider’s account) as of December 31,
2007 were treated as a principal amount credited to the service provider’s account on
December 31, 2007. These same calculation rules apply for purposes of determining
the amount reported on Form 1099-MISC for calendar year 2007 with respect to a
nonemployee participating in an account balance plan. For purposes of this section, a
plan described in § 1.409A-1(c)(2)(i)(A) (elective account balance plan) is not
aggregated with a plan described in § 1.409A-1(c)(2)(i)(B) (nonelective account
balance plan).
b. Nonaccount Balance Plans - Amounts that are Reasonably
Ascertainable
For a plan that is a nonaccount balance plan as defined in § 1.409A-1(c)(2)(i)(C),
where the amount deferred is reasonably ascertainable within the meaning of
§ 31.3121(v)(2)-1(e)(4), the amount deferred as of December 31, 2007 equals the
present value of all future payments to which the service provider has obtained a legally

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binding right as of December 31, 2007, calculated in accordance with § 31.3121(v)(2)-
1(c)(2) as if the service provider had obtained all of such rights on December 31, 2007.
Section 31.3121(v)(2)-1(e)(4)(i)(B) provides that an amount deferred is considered
reasonably ascertainable on the first date on which the amount, form, and
commencement date of the benefit payments attributable to the amount deferred are
known, and the only actuarial or other assumptions regarding future events or
circumstances needed to determine the amount deferred are interest and mortality. An
amount does not fail to be reasonably ascertainable if alternative forms or
commencement dates are available that provide an actuarially equivalent benefit to the
normal benefit commencing at the normal commencement date. In addition, an amount
deferred does not fail to be reasonably ascertainable on a date merely because the
exact amount of the benefit payable cannot readily be calculated on that date or merely
because the exact amount of the benefit payable depends on future changes in the cost
of living. If the exact amount of the benefit payable depends on future changes in the
cost of living, the amount deferred must be determined using a reasonable assumption
as to the future changes in the cost of living. These same rules apply for purposes of
determining the amount reported on Form 1099-MISC for calendar year 2007 with
respect to a nonemployee participating in a nonaccount balance plan.
c. Amounts Deferred Under Stock Rights Covered by § 409A
For a plan that provides stock rights as defined in § 1.409A-1(c)(2)(i)(H), the
amount deferred as of December 31, 2007 equals the amount that the service provider
would be required to include in income if the stock rights were immediately exercisable
and exercised on December 31, 2007. In general, this will mean with respect to a stock

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right outstanding as of December 31, 2007, the amount deferred as of December 31,
2007 equals the fair market value of the underlying stock less the sum of the exercise
price and any amount paid by the service provider for the stock right.
d. Other Deferred Amounts
For all deferred amounts not addressed in section III.B.2.a., b., or c. of this
notice, the amount deferred as of December 31, 2007 must be determined under a
reasonable, good faith application of a reasonable, good faith method. For this
purpose, a reasonable, good faith application of a reasonable, good faith method
generally must reflect reasonable, good faith assumptions with respect to any
contingencies as to the timing or amount of any payment. Generally, the use of an
assumption with respect to a contingency that results in the amount deferred being the
lowest potential value of the future payment will be presumed not to be a reasonable,
good faith assumption unless clear and convincing evidence demonstrates that the
assumption is reasonable. For example, where a payment may be made in more than
one form, the assumption that the payment will be made in the least valuable form will
be presumed not to be a reasonable, good faith assumption unless clear and convincing
evidence demonstrates otherwise. The assumptions concerning time and form of
payment set out in § 1.409A-6(a)(3)(i) (relating to calculation of the grandfathered
benefit in a nonaccount balance plan) will constitute reasonable, good faith assumptions
for this purpose. If a portion of a deferred amount can be calculated under section
III.B.2.a., b., or c. of this notice, a reasonable, good faith method of calculation will in
fact be a combination of two methods. The method applicable under section III.B.2.a.,

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b., or c. of this notice must be applied to the portion, and the balance of the deferred
amount must be determined under a reasonable good faith method.
4. Amounts Includible in Income under § 409A(b)
Section 409A(b)(1) provides generally that in the case of assets set aside
(directly or indirectly) in a trust (or other arrangement determined by the Secretary) for
purposes of paying deferred compensation under a nonqualified deferred compensation
plan, such assets shall be treated as property transferred in connection with the
performance of services for purposes of § 83 whether or not such assets are available
to satisfy claims of general creditors at the time set aside if such assets (or such trust or
other arrangement) are located outside of the United States, or at the time transferred if
such assets (or such trust or other arrangement) are subsequently transferred outside
of the United States.
Section 409A(b)(2) provides that in the case of compensation deferred under a
nonqualified deferred compensation plan, there is a transfer of property within the
meaning of § 83 with respect to such compensation as of the earlier of the date on
which the plan first provides that assets will become restricted to the provision of
benefits under the plan in connection with a change in the employer’s financial health,
or the date on which assets are so restricted, whether or not such assets are available
to satisfy claims of general creditors.
Section 409A(b)(3) provides that if, during a restricted period with respect to a
single-employer defined benefit pension plan, assets are set aside or reserved in, or
transferred to, a trust or other arrangement for purposes of paying deferred
compensation for an applicable covered employee under a nonqualified deferred

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compensation plan of the plan sponsor or a member of its controlled group, or a
nonqualified deferred compensation plan of the plan sponsor or a member of its
controlled group provides that assets will become restricted to the provision of benefits,
or assets are so restricted, in connection with such restricted period (or similar financial
measure determined by the Secretary), the assets are treated as a transfer of property
for purposes of § 83 whether or not such assets are available to satisfy claims of
general creditors.
Section 409A(b)(4) provides that for each taxable year that assets treated as
transferred under § 409A(b) remain set aside in a trust or other arrangement subject to
§ 409A(b)(1) or (2), any increase in value in, or earnings with respect to, such assets
shall be treated as an additional transfer of property under this subsection (to the extent
not previously included in income).
Notice 2006-33 (2006-15 I.R.B. 754, April 10, 2006) provides transition guidance
related to the application of § 409A(b) to certain arrangements outstanding as of March
21, 2006. Under that relief, amounts transferred to trusts under the arrangement on or
before March 21, 2006 that triggered the income inclusion and additional taxes under
§ 409A(b), or arrangements that otherwise triggered the income inclusion and additional
taxes under § 409A(b) on or before March 21, 2006, generally are treated as not having
triggered the inclusion or additional tax provisions of § 409A(b), provided that the
arrangements become compliant with § 409A(b) by January 1, 2008. Section VI of
Notice 2007-78, 2007-41 IRB 780, and Notice 2007-86 provide that such relief is not
extended beyond December 31, 2007 and nothing in this notice is intended to modify or
extend that relief.

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However, where amounts have been transferred to a trust under an arrangement
that triggers the income inclusion and additional taxes under § 409A(b), or the
arrangement otherwise triggers the income inclusion and additional taxes under
§ 409A(b), and the transfer is not eligible for the relief in Notice 2006-33 (for example
because the transfer occurred after March 21, 2006 or the arrangement is not made
compliant with § 409A(b) by January 1, 2008), employers and payers must make a
reasonable, good faith application of a reasonable, good faith method to determine the
amount includible in income for purposes of reporting. In addition, employers must treat
the amount as wages for purposes of § 3401. Amounts includible in income under
§ 409A(b) that are not eligible for the relief in Notice 2006-33 are treated as wages paid
on the date the deemed transfer of property under § 83 described in § 409A(b) would be
required to be included in income under the rules of § 83, for purposes of withholding,
depositing and reporting the income tax at source on wages under § 3401(a). For
amounts includible in income under § 409A(b) that were eligible for the relief in Notice
2006-33 (“grace period assets”) but are includible in income under § 409A(b) because
the arrangement is not made compliant with § 409A(b) on or before December 31,
2007, Notice 2007-78 provides that the date of the deemed transfer of property is
January 1, 2008.
C. Protection from Future Additional Reporting or Withholding for 2007
An employer or payer who complies with the rules of this notice regarding
computing amounts includible in gross income under § 409A and withholding and
reporting for calendar year 2007 will not be liable for additional income tax withholding
or penalties, or be required to file a subsequent corrected information return or furnish a

15
corrected payee statement, as a result of future published guidance with respect to the
computation of amounts includible in gross income under § 409A. If it is subsequently
determined that the employer did not apply the rules of this notice in determining
amounts includible in gross income under § 409A and in wages under § 3401(a) for
calendar year 2007, any recalculation of these amounts will result in additional liability
for income tax withholding under § 3403 for these years, plus any applicable penalties.
In addition, an employer or payer who does not apply the rules of this notice in
determining amounts includible in gross income under § 409A and in wages under §
3401(a) for calendar year 2007 will be required to file an original or a corrected
information return and furnish an original or a corrected payee statement. For purposes
of determining any amount includible in income under § 409A in a subsequent year, an
amount will not be treated as previously included in income unless the amount has been
reported appropriately on an information return and payee statement, or has been
included in income by the service provider in a previous year.
IV. SERVICE PROVIDER REQUIREMENTS WITH RESPECT TO AMOUNTS
INCLUDIBLE IN GROSS INCOME UNDER § 409A
This section provides guidance on service providers’ income tax reporting and tax
payment requirements for calendar year 2007 with respect to deferrals of compensation
that are includible in gross income under § 409A.
A. Amounts Required to be Included in Income
A service provider must report as income and pay any taxes due relating to
amounts includible in gross income under § 409A for calendar year 2007. For purposes
of determining the amount required to be included in income under § 409A, the same

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standards apply to a service provider as apply to an employer or payer when calculating
the amount required to be reported as income, provided that an amount is treated as
previously included in income only if the amount has been included in the service
provider’s income in a previous taxable year (regardless of whether reported on a Form
W-2 or 1099-MISC). Accordingly, an employee or other service provider must calculate
the amounts required to be included in gross income under the same methods and
standards as set forth in section III. Whether a service provider has complied with the
requirements of this notice is determined independently of whether the employer or
payer has complied with the requirements of this notice. Thus, if the service provider
includes in income the same amount reported by the employer or payer, the service
provider has not necessarily complied with the terms of this notice.
If the service provider does not report and pay taxes due with respect to amounts
includible in gross income under § 409A for calendar year 2007 in accordance with the
guidance contained in this notice, the IRS may assert additional income taxes and
penalties under §§ 6651(a)(1) and (2), 6654, and 6662 if it is determined that the
amount of taxes reported and paid for calendar year 2007 was underreported or
underpaid. Interest imposed under Chapter 67 of the Code will apply to any
underpayments of tax resulting from a service provider’s failure to include amounts
includible in gross income under § 409A for calendar year 2007. For purposes of
determining the amount includible in income under § 409A in a subsequent year, the
service provider may treat an amount as previously included in income only if the
service provider has actually and properly included the amount in gross income in a
previous year.

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B. Calculation of Additional Tax under § 409A(a)(1)(B)(i)(I)
Section 409A(a)(1)(B)(i)(I) provides that if compensation is required to be
included in gross income under § 409A(a)(1)(A), the tax imposed on such income is
increased by the sum of two additional taxes equal to the amount of interest determined
under § 409A(a)(1)(B)(ii) plus an amount equal to 20% of the compensation which is
required to be included in gross income. Section 409A(a)(1)(B)(ii) provides that the
amount of interest is the amount of interest at the underpayment rate plus 1 percentage
point on the underpayments that would have occurred had the deferred compensation
been includible in gross income for the taxable year in which first deferred or, if later, the
first taxable year in which such deferred compensation is not subject to a substantial
risk of forfeiture.
Section 885(d)(1) of the Act provides that § 409A generally applies to amounts
deferred after December 31, 2004. Section 885(d)(2)(B) of the Act provides that
amounts deferred in taxable years beginning before January 1, 2005, shall be treated
as amounts deferred in a taxable year beginning on or after such date if the plan under
which the deferral is made is materially modified after October 3, 2004. Accordingly, for
purposes of the calculation of the additional tax under § 409A(a)(1)(B)(ii), taxpayers
may treat amounts deferred under a plan that were originally deferred on or before
January 1, 2005 but became subject to § 409A due to the material modification of the
plan after October 3, 2004 as deferred on January 1, 2005.
V. REQUEST FOR COMMENTS
The provisions of this notice are intended as interim guidance only. The
Treasury Department and the IRS are currently formulating general guidance with

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respect to the income inclusion requirements, the additional taxes, and the reporting
and withholding requirements of § 409A. The Treasury Department and the IRS
request comments on all aspects of these requirements, including but not limited to the
topics addressed in this notice.
Comments must be submitted by February 13, 2008. All materials submitted will
be available for public inspection and copying.
Comments may be submitted to Internal Revenue Service, CC:PA:LPD:RU
(Notice 2007-89), Room 5203, PO Box 7604, Ben Franklin Station, Washington, DC
20044. Submissions may also be hand-delivered Monday through Friday between the
hours of 8 a.m. and 4 p.m. to the Courier’s Desk at 1111 Constitution Avenue, NW,
Washington DC 20224, Attn: CC:PA:LPD:RU (Notice 2007-89), Room 5203.
Submissions may also be sent electronically via the internet to the following email
address: Notice.comments@irscounsel.treas.gov
. Include the notice number (Notice
2007-89) in the subject line.
VI. EFFECT ON OTHER DOCUMENTS
Notice 2005-1 is modified. Notice 2006-100 is not affected by this notice.
VII. EFFECTIVE DATE
This notice is effective with respect to employers’ and payers’ reporting and wage
withholding requirements and with respect to service providers’ filing requirements and
tax payment obligations relating to amounts includible in gross income under § 409A for
calendar year 2007.
VIII. DRAFTING INFORMATION
The principal author of this notice is Don M. Parkinson of the Office of Division

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Counsel/Associate Chief Counsel (Tax Exempt and Government Entities), although
other Treasury and IRS officials participated in its development. For further information
on the provisions of this notice addressing the calculation of the amount includible in
income under § 409A, contact Stephen Tackney on (202) 927-9639; for further
information on other provisions of this notice, including the reporting and withholding
provisions contained in this notice, contact Mr. Parkinson on (202) 622-6040 (not toll
free numbers).