O:\AYO\AYO08C32.xml
S.L.C.
446 1
‘‘(2) COMPREHENSIVE
FOREIGN INCOME TAX.—
2
The term ‘comprehensive foreign income tax’ means,
3
with respect to any foreign person, the income tax
4
of a foreign country if—
5
‘‘(A) such person is eligible for the benefits
6
of a comprehensive income tax treaty between
7
such foreign country and the United States, or
8
‘‘(B) such person demonstrates to the sat-
9
isfaction of the Secretary that such foreign
10
country has a comprehensive income tax.
11
‘‘(3) NONQUALIFIED
12
TION PLAN.—
13
‘‘(A)
IN
DEFERRED
GENERAL.—The
COMPENSA-
term
‘non-
14
qualified deferred compensation plan’ has the
15
meaning
16
409A(d), except that such term shall include
17
any plan that provides a right to compensation
18
based on the appreciation in value of a specified
19
number of equity units of the service recipient.
20
‘‘(B)
given
such
term
under
EXCEPTION.—Compensation
section
shall
21
not be treated as deferred for purposes of this
22
section if the service provider receives payment
23
of such compensation not later than 12 months
24
after the end of the taxable year of the service
25
recipient during which the right to the payment