I reached out to rushlakeguy behind the scenes and got a little information. As we all know, there are at least a million different possibilities until you get the actual numbers and facts. I think that was Mike Preston's point all along.
Basically, the Key Employee Balances exceed 60% of plan assets by only $569.10. Without any employee hardships, loan defaults, or ANY types of inservice distributions during the past 5 years that may be worked back in, you have a top heavy plan.
BUT.... Let looks at a potential grey area for a moment.
We know that for purposes of determining the balances on the determination date, you're not allowed to use discretionary profit sharing contributions deposited in the following year but made 'as of' that date. There is an exception for the first plan year; where potentially the trust balance is zero on that date and the 'accrued contributions' are all you have.
We also know that plan subject to the funding requirements of Section 412 (e.g. Money Purchase Plans) would have those required contributions considered as part of the plan's balance on the determination date; even though they will be deposited within 8-1/2 months after that date.
But what about the Required Top Heavy Minimum Contribution for the 2015 Plan Year that was actually deposited in 2016. It has the same characteristics of a 412 funding requirement (in that it MUST be made and not subject to the discretion of the employer), but it is not an actual funding requirement under Section 412.
It may be an interesting argument presented to the IRS during a hypothetical audit that the $10,000 funded to those non-key employees for the 2015, but deposited in 2016, gets accrued to the balances of the non-key employees since it was required to be made in a manner similar to a 412 funding requirement.
What do you think?