SIMPLE employer contribution formulas
Hello,
Questions about the new increased SIMPLE employer contribution formulas:
- The new rules mention companies with 26 employees or more being able to elect a 4% match/3% non-elective contribution. Do the new rules allow these larger formulas for all employers? Including ones with less than 25 employees?
2.If wanting to do the larger employer formula or do the new non-elective profit sharing, would you agree that both of these provisions would need to be an election made the employer in the SIMPLE adoption agreement?
Thank you.
Permalink Submitted by Alan - IRA critic on Thu, 2024-08-22 19:33
No. For 25 EEs or less the normal contributions and the catch up contributions limits are increased by 10%, but the matching stays at 3% and non elective at 2%.
For 26 + EEs, the increased employer contributions should be stated on the adoption agreement, but the IRS needs to update the current one that only shows 3 or 2%. Until they do that the employer should correct the current form with the updated %s.
For purposes of determining the number of EEs (+/-26), the prior year count of employees that earned at least 5000 (whether or not still employed or still eligible) is used.
Permalink Submitted by Kevin O'Hearn on Fri, 2024-08-23 12:12
Thanks Alan! So are you saying that an employer with 25 employees or less would not be permitted to use the 4% match if they wanted to? We have an employer that has 10 employees and wants to give them the 4% match. Is that allowed now after SECURE 2.0?
Permalink Submitted by Alan - IRA critic on Fri, 2024-08-23 18:28
Correct. For 25 or less, the 10% increased limits apply automatically. The additional match is only available for 26 or more employees for which the employer must make an election to use the 10% increased limits, and if they make that election they must offer matching of 4% or 3% non elective.
Because there is no election for 25 or fewer EEs (the 10% increase is automatic), there also is no increase to the 3% matching contribution.
This is IRS Notice 2024-2, p 27. Even a SIMPLE IRA is no longer simple.