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Form 4835 Virginia Fairfax: What You Should Know

This is a new policy which will result in the removal or modification of existing rules prohibiting the receipt of certain tax-free income or capital gains on the appreciation of real estate, personal property or non-real property. II. DEFINITIONS. A. “Qualified Disqualified Disposable Plan” means a qualified section 457(b) plan which meets the criteria for tax-exempt income as provided by Section 403(b) of the Internal Revenue Code. B. “Non-Qualified Disqualified Disposable plan” or “NASA Plan” means any Non-Qualified Disqualified Plan except a Non-Qualified Disqualified Plan established by a Section 401(k) Plan where the participant has income exceeding 75,000 or the participant is age 55 or over on the date of the establishment of the plan. C. “Qualified Section 457(b) Plan” means an individual retirement plan (or a defined contribution plan) which has an exemption of only the least of (i) the amount of tax qualified under section 457(b) of the Internal Revenue Code as determined by section 408(e)(1)(B) plus 1/3 of such tax qualified, or (ii) the sum of (A) the employee's qualified compensation and (B) the total amount of other compensation (other than the tax qualified) which is not qualified compensation received by the employee as compensation for providing services pursuant to the plan. This definition does not include a retirement plan. D. “Non-Qualified Section 457(b) plan” or “NPD Plan” means any section 457(b) plan which is not a Qualified Section 457(b) plan, or which meets the definition of a NPD Plan as a result of the following provisions: 1. This plan is maintained solely for the benefit of persons who are at least 55 years of age. 2. The plan is not limited in any manner, and no requirement to make payments is imposed. 3. The plan does not include a plan or combination of plans, any member of which has an employee if that employee provides services in connection with this plan. 4. The member is not involved in the business of providing those services and is not subject to a contract requiring that he or she acts as an employee of the member. 5.

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