- 8 - Section 415(c)(2) provides that "annual addition" means the sum for any year of--: (A) employer contributions, (B) the lesser of-- (i) the amount of the employee contributions in excess of 6 percent of his compensation, or (ii) one-half of the employee contributions,[4] and (C) forfeitures. The dispute in this case focuses on whether amounts contributed to the trust and allocated to the accounts of Robert and Charlene Peers exceeded the section 415 limitations. The parties disagree as to what constitutes "participant's compensation" for purposes of section 415 and as to whether elective salary deferrals constitute employee or employer contributions. Petitioner asserts that the commissions it paid Robert and Charlene Peers as independent contractors constitute "participant's compensation" for purposes of section 415. Petitioner also asserts that the amounts of elective salary deferrals are employee contributions and should be included in "participant's compensation." Thus, petitioner maintains that the limitations of section 415(c)(1) have not been exceeded with 4Sec. 415(c)(2)(B) was amended by the TRA 1986 sec. 1106(e)(1), 1106(i), 100 Stat. 2424, 2425, for the years beginning after Dec. 31, 1986, to include the entire employee contribution in the computation of the annual addition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011