metsfan026 Posted September 21, 2021 Posted September 21, 2021 Taking over a case where there are 6 participants, but technically 5 of them are HCE (2 partners, and 3 of the employees who have no ownership stake). Is there an issue from a testing standpoint to use all 5 as HCE or should we test them with just the 2 partners considered HCE? (Only reason I'm asking is because it does make a difference in regards to passing or failing) Thanks in advance!
Mr Bagwell Posted September 21, 2021 Posted September 21, 2021 Are you talking about a Top Paid Group kind of question? Or are you saying can I treat 3 HCEs as NHCEs?
metsfan026 Posted September 21, 2021 Author Posted September 21, 2021 7 minutes ago, Mr Bagwell said: Are you talking about a Top Paid Group kind of question? Or are you saying can I treat 3 HCEs as NHCEs? I know we can do just the top 20% as HCE, but is it an issue going the other way and testing 5 as HCE and only 1 as NHCE
C. B. Zeller Posted September 21, 2021 Posted September 21, 2021 This isn't something you can choose when you do testing. The plan document contains the definition of HCE with respect to whether the top paid group election is made or not. You have to use the definition in the plan document. Lou S. and Bill Presson 2 Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co
metsfan026 Posted September 21, 2021 Author Posted September 21, 2021 21 minutes ago, C. B. Zeller said: This isn't something you can choose when you do testing. The plan document contains the definition of HCE with respect to whether the top paid group election is made or not. You have to use the definition in the plan document. I know, and they elected Calendar Year data election to determine HCE. Therefore, we'll move forward with 5 HCE and just the 1 NHCE. Thanks!
BG5150 Posted September 21, 2021 Posted September 21, 2021 If they are HCE, they get tested as HCE. That simple. Is it advantageous to them to use the top-paid group election? that is have only 2 HCE? And remember, when using the TPG, that is ONLY for the compensation test. So, if you have employees who are earning more than either of the the owners' plan compensation, then you may wind up with more HCE than 2. Lou S. 1 QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Mike Preston Posted September 22, 2021 Posted September 22, 2021 9 hours ago, metsfan026 said: I know, and they elected Calendar Year data election to determine HCE. Therefore, we'll move forward with 5 HCE and just the 1 NHCE. Thanks! I'm confused. What does the calendar year election have to do with what is being discussed?
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