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Can you discriminate in a profit sharing plan?

By Emily Wilson |

A profit sharing contribution must demonstrate non-discrimination in either the form of allocations or benefits. Giving all participants the same percentage of pay as an allocation is clearly non-discriminatory. When an allocation method passes the General Test on a benefits basis, this is known as Cross-Testing.

What are the rules for profit sharing plans?

A profit-sharing plan accepts discretionary employer contributions. There is no set amount that the law requires you to contribute. If you can afford to make some amount of contributions to the plan for a particular year, you can do so. Other years, you do not need to make contributions.

What is the max profit-sharing contribution for 2020?

Profit sharing contributions are not counted toward the IRS annual deferral limit of $19,500 (in 2020). In fact, combined employer and employee contributions to each participant can be up to $57,000 (with an additional $6,500 catch-up if an employee is over age 50). 4.

What’s the maximum contribution to a profit sharing plan?

Profit sharing comes with a slew of benefits for employers and employees alike—learn about those here. As of 2020, 401 (k) profit sharing plans have a maximum annual contribution limit of $57,000. Assuming an employee defers their annual maximum of $19,500, that leaves $37,500 for employers to potentially contribute.

Can you exclude HCE from a profit sharing plan?

Set up the plan to exclude them and then if they want to get in, amend the Plan. Good point on the timing issue, we will be sure to watch that. 8 years later… Following up on this thread – howbout a situation where the HCE-Owner wants only to contribute for her 1 staff and not for herself. Current formula is standard pro-rata.

When to use new comparability profit sharing plan?

New comparability plans may be a great way to maximize tax and retirement savings for older, higher paid owners or employees. That’s especially true if they’re age 50 or older and eligible for “catch up” contribution limits.

What can profit sharing funds be used for?

The after-tax funds can be applied to debt reduction, pension contributions, savings towards future goals or immediate self-gratification! A common alternative is a deferred profit sharing plan. This plan requires a formal trust fund to exist and, therefore, is necessarily more complex.