"Business has a SIMPLE IRA program, follows the rules to terminate it mid-year and replace with a qualified 401(k) plan. Partners are self-employed, do not receive W-2s, they do receive self-employment earned income from the business. Would you pro-rate their compensation for the year, to apply a portion of it to the SIMPLE and a portion to the 401(k) plan? Given that compensation occurs as of the last day of the year, that
doesn't seem the right answer to me. Yes, deferrals can occur throughout the year, the IRS made that clear somewhere along the way, but end of year actual comp has to be sufficient to support it. If a person can make their deferral election all the way up until the last date of the year, because that's when their compensation is deemed to occur, then I would think the SIMPLE portion of the year would have $0 compensation and all
of the compensation would be for the 401(k) plan. Related question -- employer with self-employed earned income folks has a 401(k) plan, plan terminates mid-year. Since it terminated mid-year do the SE Income folks have compensation for plan purposes for that period, such that they could have employer contributions, deferrals, safe harbor etc? If the answers to those to scenarios are different, why?"