
Consider these top five reasons to elect a safe harbor 401 (k) plan:
- Attract and retain top talent —Offering your employees a matching or non-elective contribution is a powerful recruitment...
- Improve financial wellness —Studies show that financial stress impacts employees’ ability to focus on work. By helping...
- Save time and stress —Administering your 401 (k) plan...
Full Answer
What are the requirements for a safe harbor 401k plan?
Setting up a Safe Harbor 401k Plan
- Step #1 – Determine the right plan. There are several different types of 401k plans. ...
- Step #2 – Adopt the plan. Once you have decided the plan that makes most sense for you you will need to design a written plan document.
- Step #3 – Fund the plan. ...
- Step #4 – Plan administration. ...
- Step #5 – Provide information to employees. ...
- Safe Harbor 401k – Conclusion. ...
What are the benefits of a safe harbor plan?
- Basic match: 100% match on the first 3% of deferred compensation plus a 50% match on deferrals between 3% and 5%.
- Enhanced match: Must be at least as generous as the basic match at each tier of the match formula. ...
- Safe harbor nonelective contribution: 3% (or more) of compensation, regardless of employee deferrals.
Does a 401k really benefit an employer?
Yes. As mentioned earlier, 401k plans are tax-deductible for employers. Because 401k plans have several tax benefits, they are usually less expensive to offer than defined-benefit plans. The good news is that usually, every dollar a company contributes to a staff member’s 401k is a write-off.
What are the benefits of contributing to 401k?
Tax benefits for saving
- The saver's credit directly reduces your taxable income by a percentage of the amount you put into your 401 (k).
- Since its introduction in 2002, this credit for retirement savings has ranged from $1,000 to $2,000.
- Eligible taxpayers calculate their credit using form 8880 and enter the amount on their 1040 tax return.

What are the advantages of a safe harbor 401k?
General Pros of a Safe Harbor 401(k)The ability for Highly Compensated Employees or owners to maximize elective deferrals.No complicated non-discrimination testing to ensure that your plan is fair by IRS standards.The allowance of additional profit-sharing contributions, which may include a vesting schedule.More items...
What is the difference between a simple 401k and a safe harbor 401k?
In particular, SIMPLE IRAs carry a lower administrative burden than 401(k) Safe Harbor Plans, due to simplified plan documents, and no annual compliance testing or 5500 government reporting requirements.
Are safe harbor plans good?
In general, Safe Harbor plans are a good choice for companies that do any of the following: Plan to match employee contributions anyway. Worry about passing nondiscrimination testing. Fail the ADP, ACP, or Top-Heavy tests.
What is the maximum employer safe harbor contribution to a 401k?
The $20,500 limit applies to individual 401(k) contributions. Employers offering Safe Harbor 401(k)s are required to make contributions to all eligible employees' plans. Safe Harbor match can range from 3.5% to 6% if you have auto enrollment, and 4% – 6% if you do not have auto enrollment.
Is safe harbor match fully vested?
There are 3 Options for Safe Harbor Contributions Eligible employees get an annual employer contribution of 3% of their salary. This amount is immediately fully vested and the employee gets it whether or not they contribute to the plan.
How do safe harbor plans work?
The following are the available 401(k) safe harbor match and contribution options: Basic safe harbor: Also known as an elective safe harbor, this plan will match 100% of contributions up to 3% of an employee's compensation and then 50% of an employee's additional contributions, up to 5% of pay.
Is a safe harbor 401k worth it?
A safe harbor 401(k) is a great way to reward your employees with higher retirement contributions. It also allows you to legally bypass costly plan testing and opens the doors for much higher contributions to owners and highly compensated employees.
What is the maximum safe harbor match for 2021?
2021 Maximum Compensation Limit The annual compensation limit is used in determining a participant's allocation of employer contributions, which may not exceed $290,000 in 2021. This limit has increased from $285,000 in 2020.
Is safe harbor 100 vested?
Safe harbor contributions must always be 100% vested. Therefore, these contributions aren't returned to the employer upon termination of employment.
Are safe harbor contributions taxed?
Safe harbor 401(k) plans that do not provide any additional contributions in a year are exempted from the top-heavy rules of section 416 of the Internal Revenue Code.
What is the safe harbor rule?
What is a safe harbor rule? The term “safe harbor” means that through law, you're protected from a penalty when conditions are met. While the term applies to many areas of law, a major application of it is in taxation. Safe harbor can be applied to estimated taxes giving you some leeway in how much you need to pay.
Can a safe harbor plan exclude employees?
The new guidance provides that a plan may exclude this group of employees from receiving safe harbor contributions, but the group must separately pass the ADP and/or ACP tests using the current year testing method.
How long does a safe harbor 401(k) last?
The law includes some significant tax credits that could cover the administration costs of a plan for three years. A safe harbor 401 (k) is a favorite retirement plan for many small businesses.
What is the purpose of a safe harbor plan?
"The purpose of a safe harbor plan is to exempt the (business) from those tests, " says Allison Brecher, general counsel and chief compliance officer for Vestwell, ...
What is a Nonelective Safe Harbor?
Depending on which option an employer chooses, a plan is considered one of the following: Nonelective safe harbor: With these plans, employers make a 3% retirement contribution for all workers, regardless of whether they choose to participate in the plan.
Can a business have a safe harbor 401(k)?
By setting up a safe harbor 401 (k), a business can provide its employees with the same tax benefits as a regular 401 (k) plan but skip the onerous annual testing requirements. Read on to learn more about safe harbor 401 (k)s, including how they're set up, how they meet government requirements and ways to benefit from employer-matched contributions.
What is a key employee?
To do that, the tests compare the fund assets of key employees to those of everyone else. A key employee is defined as an owner or officer of a business. If key employees own more than 60% of the assets in a plan, it is considered top-heavy and corrective action may be required.
Is a safe harbor 401(k) more expensive than a traditional 401(k)?
Safe harbor 401 (k) plans are typically less expensive to set up than traditional plans.
Can you get a Roth 401(k) if you are 59 1/2?
Those who opt for a Roth 401 (k) account don't get an immediate tax deduction, but their retirement fund grows tax-free and money can be withdrawn tax-free after age 59 1/2. Another advantage for workers is that employer contributions to safe harbor 401 (k) plans are immediately vested. With a standard 401 (k), ...
What is safe harbor 401(k)?
A safe harbor 401 (k) is a type of retirement plan that helps small business owners adhere to the Internal Revenue Service (IRS) test for non-discrimination. It's a way to structure a plan that passes the test or avoids it.
What is an enhanced 401(k)?
Enhanced: The employer provides a match that is at least equal to what would have been made under the basic plan. The elective- to non-elective payment ratio can't increase as the worker's own contributions go up. A safe harbor provision can be attached to any type of retirement plan or 401 (k).
What is a non-elective 401(k)?
Non-elective: The employer contributes 3% of compensation to all eligible workers. 1. A safe harbor provision can be attached to any type of retirement plan or 401 (k). Plan participants must get a lot of written notice and education. They must receive a plan description within 90 days of being covered by the plan.
What happens if a retirement plan loses its tax qualified status?
If a plan loses its tax-qualified status, it costs you or the employee. You would owe federal and state income tax as well as Social Security, Medicare, and Federal Unemployment (FUTA) taxes. Workers could not roll over plan assets to other eligible retirement plans.
Is 401(k) vesting allowed?
It might raise a flag for the IRS if you're a business owner and your 401 (k) has low adoption rates or saving rates among rank-and-file workers. A long vesting schedule isn't allowed with safe harbor plans. Contributions are fully vested when they're made. The company must give all workers instant ownership.
When can employers amend their balance?
Employers must match employee contributions on a consistent basis. Companies can amend their plans up until the 30th day before the plan year ends to take advantage of safe harbor provisions. The Balance does not provide tax, investment, or financial services and advice.
Do all employees get 401(k)?
The IRS wants 401 (k) plans to be used by all workers. It checks to make sure the highest paid employees or business owners don't max out their 401 (k) plan contributions for the year while other employees give much less. The IRS wants to see that all take advantage of the plan, not just those with high-paying jobs.
What is safe harbor 401(k)?
A safe harbor 401 (k) is a solution that allows business owners to avoid this annual test and its related, time-consuming hassles. Use the following information to determine if a safe harbor 401 (k) is right for you.
What is safe harbor contribution?
According to the Internal Revenue Service (IRS) the safe harbor contribution can be either employer-matching contributions (limited to employees who defer) or contributions made on behalf of all eligible employees, regardless of whether they make elective deferrals.
How does employer-sponsored retirement plan avoid nondiscrimination testing?
Employer-sponsored retirement plans can avoid annual nondiscrimination testing by instituting a safe harbor plan design. The employer safe harbor contribution provides an opportunity for all employees benefit from employer-sponsored retirement plans — not just the highest paid staff members.
What are the three types of safe harbor?
Each plan structures the mandated employer match differently. The three 401 (k) safe harbor match types include: Basic Safe Harbor Match: To qualify for the employer's match, employees must contribute to the 401 (k) ...
What is a 401(k) administrator?
Establishing a 401 (k) is replete with benefits for employers and employees. A third-party retirement plan administrator can maximize the financial and ancillary gains that are available with a traditional 401 (k) and safe harbor plan. Employee Benefits Retirement.
Why don't employees participate in 401(k) plans?
That said, one way to increase participation is through automatic contributions, which means employee contributions are automatically deducted from their paycheck unless they opt out.
Why is retirement plan important?
Offering a retirement savings plan for your employees is an attractive and desirable benefit because it helps them build financial security for their future. Any company that provides a 401 (k) retirement plan needs to be aware of mandatory government compliance tests that ensure a company's plan does not discriminate in favor ...
When is Safe Harbor 401(k) effective?
October 1, 2021: Safe Harbor 401 (k) Plan is effective and exempt from most nondiscrimination testing for 2021. It is important to be aware that if a Safe Harbor feature is added to a new plan, it must be in place for the entire plan year. If the plan year is set up retroactive to January 1, contributions will be required based on eligible ...
When can you add a safe harbor provision to 401(k)?
If you want to add a Safe Harbor nonelective provision to an existing 401 (k) to take advantage of Safe Harbor status for the year, you may do so at any time before December 1st, so long as you are willing to pay the minimum 3% contribution for the entire plan year.
What is the safe harbor plan?
Safe Harbor plans require that you contribute to your employees retirement 401 (k) accounts in one of two forms: a match or a nonelective contribution. This requirement is important because it can help increase savings.
When is the safe harbor deadline for 2021?
Important dates for new plans: August 20, 2021: Deadline for setting up your Guideline Safe Harbor 401 (k) Plan for the current year.
When is the last day to start a Safe Harbor 401(k)?
For new plans, October 1 is the final deadline for starting a new Safe Harbor 401 (k). But don’t wait until a few days before the deadline to set up your plan, ...
Why do companies offer 401(k) plans?
You probably already know that offering a 401 (k) makes it easier for employees at your company to save more for retirement. But the government wants to make sure that everyone — not just highly compensated employees — gets to participate in a meaningful way. The goal of 401 (k) plans, after all, is to prepare more people for retirement, ...
How much does a company match 401(k) contributions?
Here are examples of the different contribution formulas: 1. Basic matching: The company matches 100% of all employee 401 (k) contributions, up to 3% of their compensation, plus a 50% match of the next 2% of their compensation. 2.
When is the deadline to set up a safe harbor 401(k)?
What is the deadline to setup a Safe Harbor 401k? Safe harbor 401k plans are required to be set up 3 months prior to the plan year end. For businesses with a December 31 tax year end then the deadline to setup a safe harbor 401k is October 1st.
What is the maximum 401(k) for 2020?
A Safe Harbor 401k can be beneficial for small business owners who want to max out the salary deferral contributions (2020 limit is $19,500 and $26,000 if age 50 or older), but anticipate the 401k plan will have problems with non-discrimination testing. The safe harbor 401k plan allows owners and highly compensated employees to make ...
What is highly compensated employee?
Highly compensated employees are generally defined as individuals with more than 5% ownership, family members of a more than 5% owner (spouse, parents, children or grandparents) or employees earning more than a specified income in the previous calendar year. For the preceding year, received compensation from the business ...
Do employers have to make a safe harbor contribution?
The employer is required to make the Safe Harbor contribution to owners and to any other HCEs and NHCEs. As a result Safe harbor 401k plans work particularly well for companies that have consistent revenue and cash flow. Businesses finding it difficult to maintain the required employer contribution year round may find that a traditional 401k plan ...
Does 401(k) safe harbor avoid IRS testing?
A safe harbor 401k plan avoids IRS testing. To avoid non-discrimination testing an employer makes a matching contribution to owners, highly compensated and to employees.
Is a safe harbor 401(k) good or bad?
Many small business owners find that the good outweighs the bad with a Safe Harbor 401 (k) plan, which gives them a free pass on annual IRS testing. In exchange for bypassing the usual nondiscrimination tests, Safe Harbor plans require employers to make annual contributions on behalf of their employees. If you were going to contribute ...
Is 401(k) a non-discrimination test?
Not all small businesses are likely to fail nondiscrimination tests, however, so you may find that the Traditional 401 (k) is a less expensive option. General Pros of a Safe Harbor 401 (k) The ability for Highly Compensated Employees or owners to maximize elective deferrals. No complicated non-discrimination testing to ensure ...
Is a vesting plan top heavy?
However, it should be noted there are ways of making profit-sharing contributions on a vesting schedule. There is no guarantee you’ll pass the Top-Hea vy test. If the plan has only elective deferrals or nonelective contributions that satisfy ADP/ACP safe harbors, then the plan is not top-heavy.
What is safe harbor 401(k)?
A safe harbor 401(k) is a specific type of workplace retirement plan. It allows small business owners to avoid nondiscrimination tests that the IRS subjects most 401(k) plans to. In exchange for avoiding this test, the business must offer a company match to its employees. There are three basic types of matches that employers can offer: ...
What happens if a company doesn't add a safe harbor provision?
If a company doesn’t add a safe harbor provision and its plan fails testing, then highly compensated employees would be severely limited in how much they could contribute to their 401(k). Safe Harbor 401(k) Plans for Employees. For employees, a safe harbor 401(k) plan will generally work no differently than any other 401(k) plan.
How much do highly compensated employees make in 2019?
Highly compensated employees earn at least $125,000 per year for 2019 or own 5% or more of the company. A 401(k) plan must pass both the actual deferral percentage (ADP) test and the actual contribution percentage (ACP) test. To pass, the ACP and ADP of all highly compensated employees must not exceed:
Does a safe harbor 401(k) plan work?
For employees, a safe harbor 401(k) plan will generally work no differently than any other 401(k) plan. You put money into your plan as a percentage of your paycheck. It’s then invested in stocks, bonds or mutual funds. You pay taxes when you withdraw your money in retirement.
Is a safe harbor 401(k) subject to IRS test?
Safe harbor 401(k) plans, however, are not subject to specific IRS nondiscrimination tests, which are described in further detail below. This is the main motivation for creating a safe harbor 401(k). It frees business owners from worrying about whether their plan is in danger of violating the test and potentially running into issues with the IRS.
Both types of plans can successfully help employees save for retirement, but each has its pros and cons. Learn which type of plan might be better for your organization
Pros and Cons of Safe Harbor and Traditional 401 (k) Plans Aug 6, 2020 12:00:00 AM Both types of plans can successfully help employees save for retirement, but each has its pros and cons. Learn which type of plan might be better for your organization.
Traditional 401 (k) Plans
Traditional plans can be cost-effective but must pass certain testing mandated by the IRS.
Safe Harbor 401 (k) Plans
Safe Harbor plans may be a better choice for employers looking for ways to bypass certain compliance tests. In return for the “safe harbor” status, employers are required to make employer contributions.
Which to choose: Traditional or Safe Harbor 401 (k)?
The “right” plan for any given organization depends on many factors. The table below provides some insight into which plan design may be more helpful for any given factor, but each organization will need to make its own determination. Betterment is happy to assist with this process.
