recipients In the case of any highly compensated employee (as defined in section 414(q)), or any person who would be such a highly compensated employee if such person were an employee of the service recipient (determined as of the date of the grant of the equity-based compensation)— (A) paragraphs (1) through (6) shall not apply, and (B) equity-based compensation shall be treated under subsection (a) in the same manner as other compensation which is deferred under a nonqualified deferred compensation plan. (8) Equity-based compensation The term equity-based compensation means— (A) a right to compensation based on the value of, or appreciation in value of, a specified number of equity units of the service recipient, whether paid in cash or equity, or (B) stock appreciation rights or stock options. Such term shall not include a transfer of property described in section 83 (other than stock options) or compensation provided under that portion of any plan which consists of a trust to which section 402(b) applies. (d) No inference on earlier income inclusion or requirement of later inclusion Nothing in this section shall be construed to prevent the inclusion of amounts in gross income under any other provision of this chapter or any other rule of law earlier than the time provided in this section. Any amount included in gross income under this section shall not be treated as required to be included in gross income under any other provision of this chapter or any other rule of law later than the time provided in this section. (e) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations— (1) providing for the determination of amounts of deferral in the case of a nonqualified deferred compensation plan which is a defined benefit plan, (2) relating to changes in the ownership and control of a corporation or assets of a corporation for purposes of subsection (c)(2)(A)(v), (3) exempting arrangements from the application of