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Posted

I have seen some variations of this topic, but not my specific question. I have a client that is a partnership. The partners receive draws (at same time as the other employees' pay period) of which they each elect to defer a flat dollar of each draw. No problems there. The plan also has a discretionary match determined per pay. They calculate the match off the draw amount for the partners which I understand isn't technically "compensation". Each of the partners' actual plan compensation at year end (based off their K-1 self-employed income) is higher than their total draws for the year. So theoretically they could have received more match. Are they REQUIRED to do a true-up depositing the additional funds or are they permitted to just leave what was deposited throughout the year? I know if they deferred or match TOO MUCH, that would have to be corrected. But I wasn't sure about the other way around - if it was truly required to deposit additional money. In this particular instance, the partners would prefer not to deposit the extra $ to their own accounts.

Posted

I dont think it matters, there can only be one annual calculation for the earned income individuals. Annual match, period. I do not see how this could be discriminatory either given the circumstances. They essentially have one pay-period.

Austin Powers, CPA, QPA, ERPA

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