Guest chant44 Posted July 19, 2000 Posted July 19, 2000 I have a company who would like to start a 401K Plan. In addtion to salaried employees they have two people who are 1099'ed. These individuals work on location. Do they have to be included for the company 401K.? Thanks in advance.
Alonzo Posted July 19, 2000 Posted July 19, 2000 If the individual is being given a 1099, and not a W-2, the employer does not think he's an employee. If the employer is correct in this determination, he would disqualifiy his plan if he did include the 1099 people. If he is not correct, he might be in trouble if he excludes these individuals if (i) the plan is not written in a way that excludes anybody receiving a 1099 (regardless of whether the employers determination on employee/ic status is correct) or (ii) the plan is ok but the ics are employees, and the exclusion of those folks causes the plan to violate 410(B). The determination on whether a person is an "employee" is notoriously complex. You need to evaluate your sitruation carefully to determine the best approach.
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