Brief Case

Treas. Reg. § 1.404(b)-1

Method of contribution, etc., having the effect of a plan; effect of section 404(b).
eCFR amendment effective 2016-05-18 · current · last amended by T.D. 6500, 25 FR 11690, Nov. 26, 1960
Back to current
The earliest stored text of this section is effective Apr 1, 1997. Showing that version.
Section 404(a) is not confined to formal stock bonus, pension, profit- sharing, and annuity plans, or deferred compensation plans, but it includes any method of contributions or compensation having the effect of a stock bonus, pension, profit-sharing, or annuity plan, or similar plan deferring the receipt of compensation. Thus, where a corporation pays pensions to a retired employee or employees or to their beneficiaries in such amounts as may be determined from time to time by the board of directors or responsible officers of the company, or where a corporation is under an obligation, whether funded or unfunded, to pay a pension or other deferred compensation to an employee or his beneficiaries, there is a method having the effect of a plan deferring the receipt of compensation for which deductions are governed by section 404(a). If an employer on the accrual basis defers paying any compensation to an employee until a later year or years under an arrangement having the effect of a stock bonus, pension, profit-sharing, or annuity plan, or similar plan deferring the receipt of compensation, he shall not be allowed a deduction until the year in which the compensation is paid. This provision is not intended to cover the case where an employer on the accrual basis defers payment of compensation after the year of accrual merely because of inability to pay such compensation in the year of accrual, as, for example, where the funds of the company are not sufficient to enable payment of the compensation without jeopardizing the solvency of the company, or where the liability accrues in the earlier year, but the amount payable cannot be exactly determined until the later year.
Source credit, amendments & notes

[T.D. 6500, 25 FR 11690, Nov. 26, 1960]

Treas. Reg. § 1.404(b)-1 — Method of contribution, etc., having the effect of a plan; effect of section 404(b). · eCFR amendment effective 2016-05-18 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr26-1.404%28b%29-1&asof=1964-04-30 · printed Oct 16, 2026
Implements
I.R.C. § 404 Deduction for contributions of an employer to an employees' trust or annuity plan and compensation under a deferred-payment plan

No guidance in the library cites this section yet.

Tax Court (1) · DOL/Federal (0)
U.S. Tax Court (1)
Also cite this provision (1)

No private letter rulings in the library cite this provision yet.

Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Apr 1, 1997currenteCFR amendment effective 2016-05-18 run 2T.D. 6500, 25 FR 11690, Nov. 26, 1960View
Provision-level history (blame)