SEP IRA Eligibility

Hello I have a business owner client who has a SEP IRA with 2 years of service eligibility requirement.
a couple of questions:
1. one employee become 2 years in November 2018. what happens if he were to leave in Dec 2018. the owner client is not responsible for that person’s account, right?
2. what happens if the same employee completed the entire 2018, but leaves before the contribution is made for 2018?

is there requirement regarding actual funding and employment status?
Thanks much!!



Since this employee meets the service requirement, as long as this employee meets the age requirement, earned at least $600 in 2018, is not covered by a collective bargaining agreement and is not a nonresident alien employee who did not earn US source income from you, the individual is an eligible employee and a SEP contribution for this employee is required for 2018 no matter when this employee leaves the company in 2018 or later.

I’ll also point out that the service requirement is “an employee that has worked for the employer in at least 2 of the past 5 years” (and meets minimum age, minimum compensation, collective bargaining, yada yada)… So, assuming a calendar year SEP, if a 30-year old works 1 day in 2016, earning $600 for that day, and then also works 1 day in 2017, earning $600 on that day, then they become eligible on Jan 1 2018. The service require does not mandate that the employee have been employed for 730 days. That’s a common mistake and your comment about becoming eligible in November 2018 is ambiguous. Just something worth noting….  

  • I believe that the compensation requirement only applies to the current year, not to the other service years.  The instructions for Form 5305-SEP define service in a year as “any work performed for you for any period of time, however short.”
  • “one employee become 2 years in November 2018” seems to suggest that the requirement for service in 3 years out of 5 has been met (service in 2016, 2017 and 2018).

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