Due date for top-heavy minimum

[Guest mol]

A plan is top-heavy for the 2003 plan year. The employer needs to make a top-heavy minimum contribution to non-key employees for the 2003 plan year. The employer wants to know the latest date this top-heavy minimum contribution can be deposited. They don't care what year they take the deduction or how it applies to 415 - they just want to make it as late a possible.

What is the latest date an employer can make the top-heavy minimum deposit? I cannot not find this in the 416© or the regulations. Please help.

[pmacduff]

there are some previous threads on this very topic. I don't know how to put in the link to a thread, so go to the search feature and key in top heavy or top heavy contribution, a LOT of threads come up.....

[mbozek]

Since PS plans are not subject to minimum funding under IRC 412 there is no specific date for making TH contribution and consequently no penalty for a late contribution. IRS doesnt care any more about late TH contributions to a PS plan than it cares about late contributions to a PS plan since only consequence is loss of tax deduction. Check plan document to see if there is a deadline for making TH contributions.