Voluntary employee contributions something of a misnomer

[Guest Enda80]

The phrase "voluntary employee contributions" seems a misnomer, which would more accurately get conveyed as "voluntary participant contributions".

I have seen some people note that in a retirement plan, even the person who owns the company counts as an employee, even if that person files a schedule C to his or her 1040 instead of an 1120 or an 1120S.

I imagine some people have tried to equivocate about this by saying "I own the company, therefore not serving as an employee, I can make voluntary contributions while my subordinates cannot".

Can anyone provide me with a citation to an official source which clarifies the above?

[ERISAnut]

Each plan document will define the term being used to accurately describe what it is (regardless of what it is called). What is ends up being (regardless of what is is called) will determine how it is tested and treated by the plan.

Hope this helps.

[GBurns]

A cite depends on what you mean by company.

To me a Schedule C implies a dba not incorporated or other entity but could also have no connection to the "company".

A person never files an 1120S or 1120, only corporate entities do.

[masteff]

IRS Code Sec 401(c )(1)

IRS Reg Sec 1.410(b)-9