WantsToLearn
Jan 29 2007, 01:19 PM
A non profit org wants to adopt a profit sharing plan.
There are about 15 employees, with wages ranging from $20,000 to $85,000.
Is there anything wrong with making contributions of $20,000 to everyone?
No one would get more than 100%. But the total contribution would be $300,000 ( 15x $20,000)
But how would that affect the deduction of 25% limit,? Total comp is $650,000 so 25% would be $162,500.
Since non-profit cannot deduct anyway
Thanks in advance.
Mike Preston
Jan 29 2007, 02:06 PM
My understanding is that the deduction limitation applicable to "for profit" entities does not apply to non-profits.
pax
Jan 29 2007, 06:03 PM
I try not to disagree with Mike.
BTW, if this "non-profit" has enough cash to make a PS contribution of 46% of total payroll, could someone (IRS perhaps) question its non-profit status?
I'm just curious.
AndyH
Jan 29 2007, 06:09 PM
Don't we need to make sure that the non profit has "at all times been exempt from Federal income tax", including non-payment of UBTI? And never have had a taxable subsidiary?
These issues are more common than one might think.
Mike Preston
Jan 29 2007, 06:21 PM
Good point, Andy.
WantsToLearn
Jan 30 2007, 05:41 AM
Good points. Thanks very much
They appear to be legit in all areas.
So assuming they are truly non-profit- it looks like we agree they are not limited to 404. I know the three of you are among those most likely to know- so since no one rebuts, it seems OK.
Are they limited to anything else like using a uniform formula, including a flat dollar?
pax
Jan 30 2007, 05:43 PM
Thou shalt not violate Section 415.
And 401(a)(4), although appears to be a no-brainer from your original data.
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