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Simple and DC Plan


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Employer has a Simple IRA plan in effect for 1999 (a calendar year plan). Employer is on a fiscal year of 4/1 - 3/31. Employer would like to terminate the simple and establish a profit sharing plan on 1/1/2000, with a short initial plan year from 1/1/2000 - 3/31/2000. Employer would like to make the maximum contributions possible to the PS plan.

ISSUES:

(1) § 415: (a) Are the 415 limits prorated for the short initial PS plan year, if the limitation year is defined as the 12-month period ending on 3/31 (i.e. does the short initial plan year affect 415 limits)? (b) Do any of the contributions to the Simple during the 1999 calendar year count as annual additions for purposes of applying 415 to the PS plan?

(2) § 404: (a) For purposes of applying 404 to the PS plan, is the compensation used to calculate the 15% deduction limit based on the period from 4/1/99 through 3/31/2000 (i.e. Employer's taxable year), or from 1/1/2000 through 3/31/2000 (the part of the taxable year the PS plan is in effect)? (b) Do the contributions to the Simple during the period from 4/1/99 through 12/31/99 constitute compensation for purposes of calculating the deduction under 404? © Do deductions taken for Simple contributions between 4/1/99 through 3/31/2000 count against the 15% deduction limit for the PS plan (i.e. could Employer deduct both the Simple contributions and contributions equal to 15% of compensation made to the PS plan?).

Any help you can give me on some or all of these questions is greatly appreciated.

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  • 2 weeks later...

1a. Yes, proration is needed in the case of the PS plan.

1b. No, simple contributions aren't annual additions for 415, but they wd count as elective under 402(g) in case the PS has 401(k) features.

2a. FY (business taxable year)compensation ius used for deduction purposes.

2b. Not for deduction purposes. Allocations cd be different depending upon plan's definition of compensation.

2c. Yes (IRC 404(m)).

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1a. Yes, proration is needed in the case of the PS plan.

1b. No, simple contributions aren't annual additions for 415, but they wd count as elective under 402(g) in case the PS has 401(k) features.

2a. FY (business taxable year)compensation ius used for deduction purposes.

2b. Not for deduction purposes. Allocations cd be different depending upon plan's definition of compensation.

2c. Yes (IRC 404(m)).

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1a. Yes, proration is needed in the case of the PS plan.

1b. No, simple contributions aren't annual additions for 415, but they wd count as elective under 402(g) in case the PS has 401(k) features.

2a. FY (business taxable year)compensation ius used for deduction purposes.

2b. Not for deduction purposes. Allocations cd be different depending upon plan's definition of compensation.

2c. Yes (IRC 404(m)).

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1a. Yes.

1b. No.

2a. For 404 deduction purposes, compensation is based on business taxable year (FY) compensation.

2b. Compensation for deduction purposes is based on includable taxable compensation; therefore the SIMPLE contributions do not count as compensation (for deduction liitation purposes).

2c. Yes. Contributions "shall be treated as if they were made to a plan subject to the requirements of this section." Extract from IRC 404(m)(1).

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