Deferral election: Overview, definition, and example

What is a deferral election?

A deferral election is a decision made by an individual or entity to delay or postpone the recognition of income, taxation, or other financial events to a future time. This election is often used in the context of tax planning, where a taxpayer chooses to defer taxes on certain income or benefits until a later date, allowing them to reduce their current tax liability. Deferral elections can be used in a variety of financial arrangements, including retirement plans, executive compensation, or investment strategies.

Why is a deferral election important?

A deferral election is important because it allows individuals or businesses to manage their tax liabilities more efficiently. By deferring income recognition or taxation, taxpayers can potentially lower their tax burden in the short term, invest or use their money more effectively, and make financial decisions that better align with their long-term goals. This strategy can be particularly valuable for retirement savings or for structuring compensation packages.

Understanding deferral election through an example

Imagine an employee who is offered a stock option as part of their compensation package. Instead of paying taxes on the stock option immediately, the employee makes a deferral election to delay the taxation of the option until they sell the stock in the future. This allows the employee to postpone the tax payment and potentially benefit from the growth of the stock value before being taxed.

In another example, a business owner may decide to defer recognition of certain income until the next tax year by choosing a deferral election. This could be beneficial if the business owner expects to be in a lower tax bracket in the future, allowing them to pay less in taxes when the income is eventually recognized.

An example of a deferral election clause

Here’s how a clause about a deferral election might appear in a contract:

“The Participant may elect to defer the recognition of income related to the stock option grant until a future date, subject to the terms and conditions outlined in the Company’s Deferred Compensation Plan.”

Conclusion

A deferral election is a financial strategy that allows individuals or entities to delay income recognition or tax payments to a future period. This approach can help with tax planning, reduce short-term liabilities, and support long-term financial goals. By understanding deferral elections, businesses and individuals can make more informed decisions about when and how to recognize income or make tax payments.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.