§ 56A(c)(11)(B)

a covered benefit plan

UNDECIDED

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  1. 1

    § 56A(c)(11)(B)

    ANY OF

    For purposes of this paragraph, the term “covered benefit plan” means—

    “a defined benefit plan (other than a multiemployer plan described in section 414(f)) if the trust which is part of such plan is an employees’ trust described in section 401(a) which is exempt from tax under section 501(a),” § 56A(c)(11)(B)(i)
    “any qualified foreign plan (as defined in section 404A(e)), or” § 56A(c)(11)(B)(ii) needs Step 2 a qualified foreign plan UNDECIDED
    “any other defined benefit plan which provides post-employment benefits other than pension benefits.” § 56A(c)(11)(B)(iii)
  2. 2

    § 404A(e)

    a qualified foreign plan

    ALL OF

    For purposes of this section, the term “qualified foreign plan” means any written plan of an employer for deferring the receipt of compensation but only if—

    “any written plan of an employer for deferring the receipt of compensation” Opening words
    “such plan is for the exclusive benefit of the employer’s employees or their beneficiaries,” § 404A(e)(1)
    “90 percent or more of the amounts taken into account for the taxable year under the plan are attributable to services— performed by nonresident aliens, and the compensation for which is not subject to tax under this chapter, and” § 404A(e)(2)
    “the employer elects (at such time and in such manner as the Secretary shall by regulations prescribe) to have this section apply to such plan.” § 404A(e)(3)