PARTNERSHIP 401(K) COMPENSATION REVISITED

[Guest D_NITSCHE]

I have a partnership 401(K). 3 partners and 2 staff. The plan's adoption agreement specifies "415 Comp" as the comp. definition and I'll be using this comp. for ADP and 415 limits.How do I define "415 comp" for the partners? Deriving "earned income" from K-1 involves several subtractive items. Do I just add-back deferrals to "earned income" or do I add back more?? Also, for deductibility under 404, is the calculation still 15% of "earned income" for the partner portion?? Any direction or help on these would be appreciated!!

[Gary Lesser]

The plan must say more about compensation, if not, compensation means "the compensation of the participant for the year." Since that isn't much help, you'll hve to see the regulations which contain several choices that the plan may choose from. You are correct in including the elective amount for calculating the 25% limit under Code Section 415 (and, unless excluded, for ADp purposes. The aggregate 15% limit under Code Section 404 is computed after subtracting out the elective defferrals. The compensation of a S-E individual is his or her earned income after the reduction for the contributions for that owner (and pro-rate common-law employee share), 1/2 of the deduction under Code Section 164(f), and the elective amount. The elective amount may be added back in for 415 purposes (and ADP if considered under the plan).

The regulations that appears to limit the contributions to owners's to only 15% of the _owner's_ (only) compensation were invalidated by changes made to Code Section 404 (the IRS has informally confirmed this). Thus, a fully integrated plan is okay.

[Guest D_NITSCHE]

Thanks for the insights, Gary ! I'm not sure I understand your 2nd paragraph, though. Could you explain a little further? Thanks Again!