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S Corp discretionary 401(k) contribution

Level 1

S corp received income, but did not pay wages to 80/20 married shareholders.  They hope the S corp can make discretionary contributions to their respective 401(k) accounts to reduce income passed through to them.  My understanding is that discretionary contributions cannot exceed the lesser of 100% of the participant's compensation, or $55K (for 2018).  The plan administrator said since it is an LLC, husband and wife owned and (incorrectly) assumes they are 50/50 owners, it can be done as if it is a partnership.  Does anyone have experience in dealing with this situation?

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Level 15

If it is being taxed as a sub S for income tax purposes, I believe it is treated as such for retirement issues as well.  With that said, if no payroll was paid, there isn't going to be any 401k contribution.

This week's special - free roadrunner dinner with every return (legal disclaimer - you catch it and we'll cook it)

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Level 15

If it is being taxed as a sub S for income tax purposes, I believe it is treated as such for retirement issues as well.  With that said, if no payroll was paid, there isn't going to be any 401k contribution.

This week's special - free roadrunner dinner with every return (legal disclaimer - you catch it and we'll cook it)

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