SLuskin Posted April 9, 2007 Posted April 9, 2007 My client has 2 married employees. One is highly compensated and one is not. Neither are owners or officers. They want the dependent daycare benefit. No one else has elected daycare. If the nonhighly compensated spouse elects the daycare, do you have to consider that he is married to a highly compensated employee?
Jacmo Posted April 16, 2007 Posted April 16, 2007 No, I don't think so. HCE determination is made by income and ownership. No reference is made to family connnections.
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