Partnership 401k

[dmb]

The partners of a partnership sponsor a 401k plan. They are planning on making only the 3% top heavy minimum contribution to the non-keys for 2000. They prefer to make the contribution in the second half of 2001, but would like to file their individual Form 1040s on a timely basis. Since the partners are not getting a contribution can they file their individual returns before making the plan contribution??

[AndyH]

I would think the answer is no, since the document probably says the contribution is due by the due date for the sponsor's tax return(s). But, couldn't you accomplish the same thing by filing an extension, then filing on time. Then I think the due date is the due date (including extensions) for the tax return, which is where they want to be.

I'd suggest you check the language in the document about when the contribution is due.