Profit Sharing receivable in determining top heavy status.

[R. Butler]

I have a profit sharing plan (no 401(k) provisions, etc.) with year end 12/31/99. The profit sharing contribution was not decided until 3/1/00. It is my understanding that in determining top heavy status for 2000 I only consider invetsment account balances at year 12/31/99. I would not consider the profit sharing contribution for the 1999 plan year because the BOD did declare by the dtermination date (12/31/99).

I have been told that I am wrong and that I should include the profit contribution in determining status for 2000. Is this alternative view correct?

Thanks in advance for any guidance.

[Richard Anderson]

You are not wrong.

[david rigby]

Earlier discussion:

http://benefitslink.com/boards/index.php?showtopic=7605

[Guest Mr. X]

I assume it's not the first plan year.

[R. Butler]

It is not the first plan year. Thank you for your responses.