Guest SharonB Posted April 1, 2003 Posted April 1, 2003 A 401(k) Plan converts to a calendar year in 2002 with the short year being April 1 through December 31. Ownership of the corporation is 1.01% each for 99 owners. The limitation year is the plan year. In calculating the top-heavy status of the plan for the 2003 plan year, how do you determine whether of not these owners are Key or not. For a full year, about 2/3 of them would earn more than the $150,000; however, during the short year, only 38 earned more than the $150,000. Does the $150,00 get pro-rated for the 9 months to $112,500 to see which of these more than 1% owners are Key Employees? Do you use compensation for the full calendar year 2002, even though it overlaps into the prior limitation year?
Mike Preston Posted April 1, 2003 Posted April 1, 2003 What does the plan document say? If it is silent, T-21 of the regs certainly allows you to use compensation for all of 2002.
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