Top-heavy minimum

[austin3515]

Is based on compensation including taxable fringe benefits even if the plan excludes taxable fringe benefits frm the definition of Compensation, correct?  The fact that it is a safe harbor exclusion does not matter.  Right?

I think so but please confirm!

[ETA Consulting LLC]

Correct. 

[BG5150]

415 comp, which includes most everything there is.

 

The EOB has a great chart as to what's included and what's not.

[PensionPro]

top heavy minimum is based on 415(c)-2 comp, which states that items includible as compensation are ...

The employees' wages, salaries, fees for professional services, and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the employer maintaining the plan, to the extent that the amounts are includible in gross income (or to the extent amounts would have been received and includible in gross income but for an election under section 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b)). These amounts include, but are not limited to, commissions paid to salespersons, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, and reimbursements or other expense allowances under a nonaccountable plan as described in § 1.62-2(c).