30Rock Posted March 10, 2015 Posted March 10, 2015 If a participant enters the plan but receives no compensation because the first payroll date has not occurred yet in December, do they count against you in the 401(a)(4) test for purposes of the gateway? I would think $0 compensation would be a $0 contribution and thus not impact the test. Any thoughts?
Lou S. Posted March 10, 2015 Posted March 10, 2015 I'm 99.9% sure that the IRS position at several conferences has been no pay, don't count them for any testing purposes. They use similar logic on the 401(k) test where you have a self-employed HCE owner with 0 comp for a year and the say exclude that person from the test. I'm not sure there is a citation in the code or regs I can point you to. Perhaps someone else has researched it more.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now