dmb Posted May 18, 2007 Posted May 18, 2007 Does the fact that a profit sharing plan has a requirement that a participant be employed on the last day of each quarter (allocations calculated quarterly) to recieve an allocation of an otherwise uniform formula make it a non-uniform formula and subject it to discrimination testing?? Any reference cite is greatly appreciated. Thanks.
J Simmons Posted May 19, 2007 Posted May 19, 2007 I think you'd be out of the safe harbor and into general testing. IRS Reg. §§1.401(a)(4)-1©(3) and §1.401(a)(4)-2(b)(2) John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
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