basumukherji Posted December 16, 2008 Posted December 16, 2008 In a 401(k) plan what is the character of the money and it's associated gains attributable to employee's deferral agreement? Is this considered employer contribution till distribution? This is in context of PLR 9806012, para 9 (excerpt shown below) Contributions made by the employer at the election of an employee pursuant to a qualified cash or deferred arrangement described in section 401(k)(2) are considered employer contributions rather than employee contributions.
QDROphile Posted December 16, 2008 Posted December 16, 2008 The excerpt is a correct statement. Earning are earnings, not contributions.
Don Levit Posted December 16, 2008 Posted December 16, 2008 Are you asking why they are considered employer contributions? If so, this is done to provide the maximum tax advantage. Don Levit
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