Guest LVanSteeter Posted July 16, 2003 Posted July 16, 2003 Feeling really silly, however, I would rather verify my understanding than err. 401(k) Profit Sharing plan, no leased or self employeed individuals. All non-excludable, non-HCEs are eligible to participate however some choose not to. Does plan qualify for Exception D?
WDIK Posted July 16, 2003 Posted July 16, 2003 From the instructions for Line 4c(5) of Schedule T: An employee is treated as benefitting under a plan...that provides for elective contributions under Code section 401(k) if the employee is eligible to make elective contributions...even if he or she does not actually make elective contributions. ...but then again, What Do I Know?
Tom Poje Posted July 17, 2003 Posted July 17, 2003 insufficient info provided. you have a possible 3 coverage tests 401(k) 401(m) nonelective since everyone can defer the 401(k) would be exception D but you did not indicate if there is an hours requirement or last day provision for the other two features. see also regs: 401(k) – Benefiting if an eligible employee 1.410(b)-3(a)(2), 1.401(k)-1(g)(4) 401(m) - Benefiting if an eligible employee 1.410(b)-3(a)(2), 1.401(m)-1(f)(4)
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