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Posted

Have a takeover plan. For some reason the plan excludes compensation in excess of $50,000. (Haven't figured out why yet.) The prior tpa used that definition when running the ADP test. I don't see that excluding wages in excess of $50,000 ever satisfies 414(s) & therefore the limitation couldn't be used in the ADP test. Am I missing something?

Thanks in advance for any guidance.

Posted

Never mind on this. Turns out it could possibly satisfy 414(s). I was thinking that such a definition would not be reasonable, but upon further research I have discovered that excluding comp. over a specified dollar amount is considered reasonable.

Thanks anyway.

Posted
I was thinking that such a definition would not be reasonable, but upon further research I have discovered that excluding comp. over a specified dollar amount is considered reasonable.

I like your initial thinking better than the thinking of Congress and the IRS: to me it seems unreasonable a definition to exclude compensation over a specified dollar amount, including the 401a17 dollar amount.

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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