SECTION 4. EFFECT ON OTHER

DOCUMENTS

Nothing in this notice is intended to limit the scope or applicability of the transition relief provided in Notice 2005–1, the proposed regulations or Notice 2006–79 for periods before January 1, 2008. This notice does not affect the guidance provided in Notice 2006–33, 2006–1 C.B. 754 (relating to the application of section 409A(b)), Notice 2005–94, 2005–2 C.B. 1208 (relating to reporting and wage withholding for 2005) and Notice 2006–100, 2006–51 I.R.B. 1109 (relating to reporting and wage withholding for 2006). Notwithstanding the section of the final regulations preamble entitled “Effect on Other Documents”, Notice 2005–1 is obsoleted only for taxable years beginning on or after January 1, 2009, except for the following sections of Notice 2005–1, which remain effective after that date as modified by

any other applicable guidance: Q&A–6 (application to arrangements covered by section 457); Q&A–7 (application to arrangements between a partnership and a partner of the partnership); and Q&A–24 through Q&A–38 (information reporting and withholding guidance).

Pursuant to this notice, Notice 2006–4, 2006–3 C.B. 307 (relating to the application of section 409A to certain outstanding stock rights), is superseded by the final regulations with respect to stock rights issued in taxable years of the service provider beginning after December 31, 2008. Notice 2006–64, 2006–29 I.R.B. 88 (relating to the acceleration of payments to comply with certain conflict of interest rules), is superseded by the final regulations effective for taxable years of the service provider beginning after December 31, 2008.

Section III of Notice 2007–78 is revoked and superseded by this notice. Pursuant to this notice, the penultimate paragraph and the first sentence of the final paragraph of § IV.A of Notice 2007–78 are modified by substituting references to December 31, 2008 for references to December 31, 2007. The guidance otherwise provided in § IV of Notice 2007–78 is not affected by this notice. Section 3 of Notice 2006–79 is modified and superseded as provided in this notice. The guidance and relief provided in the final regulations preamble is modified as provided in this notice.

The Treasury Department and the IRS anticipate issuing guidance as soon as possible with respect to the correction program and other matters discussed in § V of Notice 2007–78 and this notice does not affect that section. In addition, this notice does not affect the guidance provided in § VI of Notice 2007–78.