Kattdogg12 Posted September 16 Posted September 16 Hi, we have a client with a Simple plan that is considering replacing with a safe harbor 401(k) plan. We *think* that's not possible for 2025, because we would've needed to terminate and replace by 10/1 - and it's too late for a 30 day notice. Are we thinking correctly? Alternate option we were thinking is to open a profit sharing only for 2025. We are getting conflicting information on whether you can have a PS only at the same time as the simple. We searched online and came up with this, but aren't sure of the accuracy: Yes — allowed, but operationally awkward. Carefully decide whether to (A) keep the SIMPLE and add a separate profit‑sharing plan (two plans to administer) or (B) terminate the SIMPLE mid‑year and adopt a consolidated 401(k)+profit‑sharing plan (requires 30‑day SIMPLE termination notice and adherence to SECURE 2.0/IRS Notice 2024‑02 procedures). thanks!
Bill Presson Posted September 17 Posted September 17 A SIMPLE IRA has to be the only plan sponsored by the employer. https://www.irs.gov/retirement-plans/retirement-plans-faqs-regarding-simple-ira-plans CuseFan and Kattdogg12 2 William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
John Feldt ERPA CPC QPA Posted September 17 Posted September 17 The only exception to the exclusive plan rule for a SIMPLE is a safe harbor 401(k) plan. The rule required the SIMPLE to end and the safe harbor 401(k) deferrals to begin the next day and the deferral limits are then pro-rated for the year. I agree that the safe harbor 401(k) plan must have at least 3 months of deferrals in the year to allow the plan to be safe harbor, so you may likely be out of time for 2025. Kattdogg12, CuseFan, Bill Presson and 1 other 4
Appleby Posted September 18 Posted September 18 Here is a thread TL;DR Kattdogg12 1 Life and Death Planning for Retirement Benefits by Natalie B. Choatehttps://www.ataxplan.com/life-and-death-planning-for-retirement-benefits/ www.DeniseAppleby.com
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