austin3515 Posted September 12, 2022 Posted September 12, 2022 Nothing wrogn with this right, ADP and ACP Safe Harbors still apply? Yes I know about the 415 limits and will caveat about that. Austin Powers, CPA, QPA, ERPA
BG5150 Posted September 12, 2022 Posted September 12, 2022 I think that's right. It does not match on deferrals over 6%, and I think that's the only cap. Luke Bailey 1 QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
C. B. Zeller Posted September 12, 2022 Posted September 12, 2022 This will NOT meet the requirements for a discretionary ACP safe harbor match. It should be ok for a fixed match however. ugueth, Lou S., Luke Bailey and 1 other 4 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
austin3515 Posted September 12, 2022 Author Posted September 12, 2022 Correct, this is my actual Safe HArbor Match. Not the basic SH Match, but 200% of 6%. So based on that do you agree that my ADP and ACP Safe Harbors are met? For example if my Safe Harbor Match was 100% of 7%, that meets the ADP Safe Harbor but not the ACP Safe Harbor and I'd be running on ACP test on my Safe Harbor Match. i couldn't have asked for a better audience here, so please confirm you agree! Austin Powers, CPA, QPA, ERPA
John Feldt ERPA CPC QPA Posted September 12, 2022 Posted September 12, 2022 Agree. Luke Bailey and Lou S. 2
C. B. Zeller Posted September 12, 2022 Posted September 12, 2022 As long as the formula is written into the plan doc, then I agree you are good on the ADP and ACP safe harbor. Luke Bailey, ugueth and austin3515 3 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
Lou S. Posted September 12, 2022 Posted September 12, 2022 1 hour ago, austin3515 said: Correct, this is my actual Safe HArbor Match. Not the basic SH Match, but 200% of 6%. So based on that do you agree that my ADP and ACP Safe Harbors are met? For example if my Safe Harbor Match was 100% of 7%, that meets the ADP Safe Harbor but not the ACP Safe Harbor and I'd be running on ACP test on my Safe Harbor Match. i couldn't have asked for a better audience here, so please confirm you agree! Yeah 200% of the first 6% SH match satisfies the enhanced safe harbor match formula for ADP/ACP 100% of the first 7% SH match satisfies and enhanced safe harbor match with respect to ADP, but not ACP. Though there are a couple ways you can run the ACP test as I understand it. I've never actually had to worry about in the practice though. Luke Bailey and austin3515 2
Kac1214 Posted September 13, 2022 Posted September 13, 2022 I agree it would work but would you really need Safe Harbor with such a generous match?
BG5150 Posted September 14, 2022 Posted September 14, 2022 20 hours ago, Kac1214 said: I agree it would work but would you really need Safe Harbor with such a generous match? My guess is that a lot of the executives are participating and not many of the rank and file. With a generous SH match, it allows the company to a) give a bigger benefit to the execs without having to do a non-elective contribution and b) have the top heavy covered. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
austin3515 Posted September 14, 2022 Author Posted September 14, 2022 In this case its the other explanation. The people making the decisions, it's not their money, LOL... Austin Powers, CPA, QPA, ERPA
Peter Gulia Posted September 14, 2022 Posted September 14, 2022 Does the plan design austin3515 describes work if the matching contribution is 500% of the up to 6% in elective deferrals? (Assume the plan applies 401(a)(17) and 415(c) limits.) (Assume the resulting matching contributions are less than 25% of the participants' compensation.) Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
austin3515 Posted September 14, 2022 Author Posted September 14, 2022 Yes sir! Austin Powers, CPA, QPA, ERPA
austin3515 Posted September 14, 2022 Author Posted September 14, 2022 On 9/13/2022 at 12:57 PM, Kac1214 said: I agree it would work but would you really need Safe Harbor with such a generous match? I have multiple clients a client who give 10% profit sharing. Another who did 15% for decades (until they got bought out). Clients want what they want, our job is to help the get it if it's legal. Bill Presson and RatherBeGolfing 2 Austin Powers, CPA, QPA, ERPA
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