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Small plan is top heavy.  This year, the net s/e income for each partner was zero (or a small negative)... and of course they already deposited their deferrals during the plan year.

Of course deferrals have to be refunded.  But what about TH?  Does this kick in, and a what rate (since I can't calculate $5,000 divided by zero compensation)?  Or do they get a pass because it's all being refunded?  I remember threads here that discuss deferrals refunded for ADP refunds are still counted, but I think this is a little different.

Thanks.

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