with respect to any preceding taxable year, the date prescribed by law (determined without regard to extensions) for filing the return of the tax imposed by this chapter for such taxable year. (4) Limitation In no case shall the deferral recapture amount determined with respect to any applicable deferred compensation which is includible in gross income for a taxable year exceed an amount equal to 10 percent of the amount of such compensation. (c) Definitions For purposes of this section— (1) Applicable taxpayer The term applicable taxpayer has the meaning given such term by section 495. (2) Applicable deferred compensation (A) In general Except as provided in subparagraph (B), the term applicable deferred compensation means— (i) any compensation provided under a nonqualified deferred compensation plan, as defined in section 409A(d)(1), except that— (I) such term shall include stock appreciation rights, and (II) compensation shall not fail to be treated as deferred solely because such compensation is not treated as deferred for purposes of section 409A by reason of such compensation being includible in gross income for the first taxable year after a taxable year in which such compensation is no longer subject to a substantial risk of forfeiture, and (ii) any other property transferred in connection with the performance of services which is subject to section 83. (B) Exceptions Such term does not include— (i) severance pay, or (ii) any transfer of a profits interest in a partnership. (C) Earnings and interest Any earnings, interest, or similar adjustment included in an amount of applicable deferred compensation shall not be treated as separately deferred from such amount. (3) Severance pay The term severance pay means any compensation the payment or vesting of which is contingent, in whole or in part, upon the termination of employment or other services, including cash, property, reimbursement or direct provision of living, travel, and business expenses, and life, health, or other insurance, to the extent