Salary Deferral Arrangement

contributions to a purported RCA that contemplated excessive benefits also were not in relation to an SDA because the contributions instead were indirect shareholder appropriations

conversion of a defined benefit to a defined contribution SERP does not engage SDA rules

no grandfathering under 1986 transitional rule

formula-based appreciation plans are not SDAs where the formula closely tracks the FMV of the employer’s shares over the plan’s duration

arrangement deferred employee compensation and was an SDA

solely future-looking employee incentive plans can still result in annual SDA assessments

rulings no longer issued on formula-based incentive plans

SERP that maintains the 18% RRSP contribution amount above the RRSP dollar limit (subject to overall 15% or 10% cap)

phantom share analysis is fact sensitive

SDA exception for SAR plans unavailable where dividend equivalents are paid in cash