Tom Poje Posted January 26, 1999 Posted January 26, 1999 there is nothing in concrete. The Erisa Outline Book notes that some (and I stress some) IRS personal will use 3% or less. It becomes more of a facts and circumstances. (I imagine if bonuses are excluded and the hce gets no bunuses, then you fail at 3%. But if the boss had a bonus, then 3% would be ok. That would be my best guesstimate)
Guest Bogie Posted January 26, 1999 Posted January 26, 1999 When using an alternative compensation definition (eg. excluding bonuses and overtime), it is necessary to test the compensation to prove that it does not discriminate in favor of HCEs. Has anyone had any experience with what the IRS regards as the "deminimus amount" by which the HCE percentage can exceed the NHCE percentage in Regulation 1.414(s)-1(d)(3)?
Guest psalemme Posted February 2, 1999 Posted February 2, 1999 I have received a favorable determination letter from the IRS on a plan with a difference of almost 4%. Articulate the facts and circumstances carefully.
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