Guest Napili Posted January 20, 2003 Posted January 20, 2003 A Plan uses W-2 definition of comp, which includes tips. The Plan Sponsor wants to define comp to exclude tips. In order to satisfy 414s, the comp definition must be 1) reasonable and 2)pass the ratio test. Assuming number the definition satifies #2, does anyone have any thoughts on the "reasonability" of such a definition? Any precedence in PLRs? The Plan Sponsor is a food service company.
MGB Posted January 21, 2003 Posted January 21, 2003 I could see the IRS objecting because only NHCEs receive tips.
MWeddell Posted January 21, 2003 Posted January 21, 2003 I'd feel comfortable with it. Tips are an irregular and additional element of compensation. One might argue that the amount is irregular but not the receipt of tips, but one could say the same thing about overtime pay in some companies. The fact that mostly NHCEs get it is a testing issue, not something affecting whether the definition is reasonable. I do suggest you do more research -- I've never run into this question before.
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