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My understanding is that a self-employed person doesn't "know" their income until the tax return is completed and that the election only needs to be in place before the end of the year.

Anything that is easily documented. He could send an email to his accountant or sign a letter and have it notarized. Anytime you're dealing with 'grey' area, you'd just take reasonable steps to justify the election was not actually made after the tax year end. You'd just be prepared to offer it to the auditor in the event the plan is audited and the question is asked. Good Luck!

No an existing 401(k) plan can not be amended to a safe harbor 401(k) plan as soon as the plan year begins so January 1, 2015 would have been too late to amend the plan to safe harbor. And existing 401(k) plan would have had to hand out the safe harbor notice for 2015 by December 1, 2014 and amended the plan to safe harbor effective 1/1/15 by December 31, 2014 to be safe harbor for 2015. If the Plan was a profit sharing ONLY plan that was adding a NEW 401(k) feature, October 1, 2015 would have been the deadline to give the 3 month deferral window for new plans. See the 401(k)(13) regs for additional info.

It's gotta be good! Either that or none of the people writing on this board qualifies as a "leading benefits attorneys and advisors". My ego is crushed.