Bill Presson

I can't fathom the person authorizing or writing the corporate check actually thinking they're doing the right thing.

Yes, they have to make a top heavy contribution for 2020. Why would their 2019 status impact 2020? Seems like a bad decision to eliminate the safe harbor. Might want to consider the retro safe harbor if there are also testing issues.

Probably through ETFs, but likely not directly.

I find this incredibly difficult to believe.

No.

You may also have an action against your divorce attorney if they didn't find out about this. A pension is pretty hard to hide in a divorce.

Paul, haven't seen Larry on here in a while. Mike checks in pretty regularly. Also, I sent some info to JD earlier this week on this issue. I think y'all are good to go. WCP

Correct. I've not seen anything that hints at it having any different characteristics.

joel, what are you wanting from this group? And who are you arguing with? If you want to sue the Dept of Taxation and Finance and get them to tax Mary, knock yourself out.

I've never seen anything on a SEP that would allow excluding non-union employees.

You should talk to your recordkeeper first. They will likely have a document to use.

I've always liked this guide. https://www.tasconline.com/uploads/KB/Flexsystem/FX055 Top Paid Group_042318.pdf

SECURE act allows a 401(k) to choose to be a safe harbor plan until the end of the year following the year that you want. So 12/31/21 for 2020 year. Hopefully your document wouldn't override that.

You'll also need to grant service to any other employee that was employed with that other practice.

Grateful for Ms Ilene and Derrin to provide their analysis for us here.

Post enough on here and it's gonna happen. BTDT.

4% isn't the maximum. You can do 100% up to 6% and still satisfy the ADP/ACP requirements.

I think we need more details here. The entity is owned in a trust. What is the "earned income" that the person is receiving? w-2? I think that counts. If the LLC is taxed as an S corp, then the pass through on the k-1 aren't earned income for anyone at all. If its' taxed as a "partnership" (with a single owner making it a disregarded entity) then the trust is the receiver of the "compensation" but I'm not sure that counts as earned income for A.

A SIMPLE IRA is required to cover all members of a controlled group. A SEP generally is required to cover all members of a controlled group (there are exceptions) but it definitely has to be tested. My advice is that this isn't going to work. He's likely going to need a 401(k) for the controlled group.

Okay. We'll see what she says. If we don't like her answer, I'll reach out to Ms Heather and Ms Kelsey. 😀

But that was prior to the SECURE Act. I'm not sure that would be accurate anymore.

I've emailed her to ask.

BG, this is not a slam on you, but I find it impossible to believe they can't track down a w-2 anywhere. Payroll company? CPA? Nobody?

I didn't hear that or at least don't remember it specifically. But Derrin and Ms Ilene are pretty reputable. 😀

Just heard that our SD office has received a couple of these.