SIMPLE IRA

A client has long maintained a SIMPLE IRA for his business in which he employs one other person. Traditionally, the plan had matched all contributions up to 3%, and both employees contributed. In 2022, however, neither owner nor employee contributed. Can the business:

1. Make no employer contribution to either person’s SIMPLE since neither contributed?
2. Instead, make a 2% nondiscretionary match to both SIMPLEs if the owner so desires?

The owner plans to wind down this business by the end of the year or early next year.

Thank you!



If the annual notice for 2022 (issued fall of 2021) indicates a 3% matching contribution but no one contributed there is nothing to match for 2022. Same for 2023 based on the fall 2022 annual Notice. Employer cannot change to a 2% non elective contribution for 2023 unless this was disclosed in the fall 2022 Notice.

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