Section 409A of the tax code (which generally deals with tax-deferred compensation issues) was enacted in October 2004.1 This did not directly impact schools until final regulations were issued in April 2007. The final regulations generally are applicable for taxable years beginning on or after January 1, 2008. However, for school years beginning in 2007 and ending in 2008, schools that offer elections to annualize compensation must have set forth in writing, by December 31, 2007, how employees are to be paid for the rest of the of the current school year. For 2008-09 and later school years, schools will need to meet the requirements explained below.