justanotheradmin Posted August 28, 2023 Posted August 28, 2023 I have been reading through the text, as well as some articles on the credits. My question is specifically about the start-up plan employer contribution credit (not the admin cost credit or auto enroll etc). I understand it creation is through an addition /modification to §45E. One ASPPA article in particular says this: *If the employer maintained a 401(a), 403(a), SIMPLE, or SEP plan in the three taxable years immediately preceding the tax year in which the plan is adopted, the employer cannot take a deduction for the year of adoption, but is eligible for tax credits in the next four tax years. https://www.asppa.org/news/where-credit-due-tax-credits-small-employer-plans-under-secure-20 Can some explain where that reasoning comes from? If I have a SIMPLE for a year, then terminate and switch to a 401(k), wouldn't I be precluded for the first three years of the 401(k)? And is there clarification somewhere about how to apply this credit if I maintained (but discontinued mid-year) a SIMPLE or one of the other types listed in the ASPPA article? Just because I'm in year two of my new 401(k) plan, I would have still had a SIMPLE in the preceding 3 years, so how would I be an 'eligible employer'? I'm sure there is something simple I'm overlooking or understanding. Thank you for your insight! I'm a stranger on the internet. Nothing I write is tax or legal advice. I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?
justanotheradmin Posted August 28, 2023 Author Posted August 28, 2023 I figured it out! just took a few minutes! I'm a stranger on the internet. Nothing I write is tax or legal advice. I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?
PhilyK Posted August 28, 2023 Posted August 28, 2023 Ha. Yes, one way to look at it is you skip a year if transitioning from SIMPLE to K. If the 401(k) is the first ever plan, they give you the Year 0 $ for a welcome bonus. Luke Bailey 1
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