How do I report deferred compensation to employees or independent contractors? Forms can also be faxed to 844-299-2362.(4) Section 409A provides that deferrals that become includible in the employee's income due to a violation of IRC § 409A must be reported separately on Form. Participants should submit a completed Deferred. Compensation Plan In-Service Distribution Form for. Yes, the employer could allow independent contractors to participate in a 457b plan, but they are not required to do so. Here is the IRS link. • Complete the Independent Contractor Checklist (Part 1a). • Ask the potential contractor to complete Checklist (Part 1b) and Substitute form W-9. Reporting require- ments include understanding which form to use and how to complete the form.