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timing of election for partnership deferrals


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Guest anitatpa
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Our client is a partnership where staff is paid bi-weekly and partners take monthly draws.Per 401 k plan document changes to deferral elections are permitted on a per payroll basis. Partners have elections in place for deferrals from monthly draws. Once the true earned income has been determined for each partner ( and assuming it is in excess of the total draw aready paid) must the plan defer from the final payment of income based on the deferral election in plance at 12/31 ( cal yr plan)? Parners were conservitive in what was deferred during year from draws and now at the end of the year, once their true earnings are known, wish to maximize their deferral. I don't believe we can permitt them to make a special election for this additional income but instead should follow whatever election they had in place at pye. Has anyone had this situation presented to them before?

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