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Keep in mind that HCE does not equal HPI . The Roth as catch-up applies to highly paid individuals, not highly compensated. There will be some overlap, but not always.

Here is an example that is on point: https://ferenczylaw.com/solutions-in-a-flash-overpaymentsif-it-comes-back-it-is-yours/ Essentially, the individuals who received an overpayment of a refund are given the opportunity to return the amount of the overpayment to the plan. While not explored in the example, the timing of an repayment could have an impact on issues like lost earnings. If the overpayment already was reported as taxable income on a 1099 then there could be issues of correcting the 1099, or creating basis in the account. Document everything, and keep that documentation to just this side of forever.

Consider that a working partner (or member of a limited-liability company treated as a partnership) might be a self-employed individual who has no FICA wages and so is not § 414(v)(7)-affected.

Yes Yes

Always need to be careful of looking at equivalencies in the document for salaried people if actual hours aren’t tracked. Just a word of warning. I would be very nervous about being told that a typical owner of a business hadn’t worked 1,000 hours in that business by September.

Even if a service provider might persuade a Federal court about the service provider’s injury to be redressed by the court’s order that the Commissioner of Internal Revenue withdraw a guidance document that describes a nonenforcement policy or an enforcement delay: How likely is it that a service provider would ask a court to order the withdrawal of IRS guidance many customers consider welcome? While Notice 2023-62’s “administrative transition period” was lawless and a further delay would be yet more lawless, our society needs other ways for Congress to make laws and to cause an executive agency not to negate an enacted law by announcing a universal nonenforcement.

That's how I see it. And remember the MRC needs to be funded in cash. I would think that even the IRS bought the "memo" argument they might challenge the MRC as being in the form of a Promissory Note instead of a cash contribution. Just another argument for having a clean paper trail of events.