This is a situation I've now encountered, so I wanted to check.

- Participant has no ownership stake in the company. 
- In 2023 they made about $200k, therefore they were considered an HCE in 2024.
- In 2024 the participant missed several months due to being on active military duty, thus earning about $75k

So, my understanding is that for 2025 they would not be considered an HCE.

Is that accurate?  Thanks in advance!

We took over a 401(k) Plan with four physicians and about 17 employees. The plan sponsor is a corporation and each of the physicians is employed by their own corporation. Each physician corporation owns 25% of the plan sponsor.

The plan document lists each Physician's corporation as a participating employer stated as follows:

Notwithstanding Article XXX, the following will be Participating Employers in the ABC Corp Medical Group 401(k) plan effective January 1, 2025:

Corporation 1 Joseph Smith M.D., Inc.,  Corporation 2 ..............etc showing all four corporations.

Article XXX indicates that any related employer can adopt the plan as a Participating Employer by completing a Participating Employer Adoption page.

I don't believe any of the Physician Corporations executed a Participating Employer Adoption page but they are stated as Participating Employers in the plan document.

Even though physician corporations are listed as Participating Employers in the Plan document, this seems somewhat flimsy.

What we would like to do is have each Physician Corporation adopt the plan by completing a Participating Employer adoption page before September 15, 2026. They are then in-line with the Secure Act in adopting after the 2025 year end up to their extended tax filing deadline. They are currently on extension until September 15, 2026.

Anyone have any comments on this?

Thanks.

 

 

 

 

Hi, 

I reread a few prior discussions on this and it seems to be the consensus is that if the plan's assets are with a recordkeeper (Vanguard/Ascensus for example), no TIN is needed because they are the payer on the 1099-R.  I just wanted to confirm I'm not missing something and perhaps there's another logical reason in getting one.  I am at a new firm and they generally request them for all plans.  I believe my last employer only applied if the assets were with a brokerage account.  

 

thanks!

 

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Today’s proposed rulemaking interprets Internal Revenue Code of 1986 §§ 125, 128, 129.

Under the proposed interpretation, a self-employed individual is not an employee for § 128, but is an employee for § 129, which includes nondiscrimination provisions partially included in § 128.

The comments due date is September 25; the hearing is October 15.

https://www.govinfo.gov/content/pkg/FR-2026-08-11/pdf/2026-16314.pdf

Among the conditions for a Trump account contribution program is a written plan.

Hello, we have an employer with 3 plans: cash balance, 401(k) safe harbor match and profit sharing only.  

If we state in the PSP document that the 5% top heavy minimum will be funded in this plan, are we ok if the SHM offsets it in the 401(k) plan? 

Example, employee defers 5%, receives a 4% SHM in the 401(k) plan.  They need to receive an additional 1% to satisfy TH.  We allocate that in the PSP.  Will this pass muster since the PSP only shows 1%?  

thanks!

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Questions:

When a non-resident alien provides a 403(b)(9) non-electing church retirement plan with Form W-8BEN, indicating he/she is eligible for a reduction in federal withholding based on a treaty with the US (example: US - Canada Treaty), can the plan:

1. Simply accept the form and its claim or is there a particular review the plan must first do and what is the plan's ultimate liability to ensure the information is true?

2. Require 30% withholding on any distribution to a non-resident alien as a plan policy?

 

 

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