Insights

Understanding K-1 Income in Retirement Plan Design

A frequent and complex challenge for retirement plan advisors
can be properly defining compensation for plan eligibility and
contribution purposes, including income reported on a Schedule
K-1. Improper reporting of K-1 income may result in compliance
errors, contribution miscalculations, and/or plan disqualification.
What is K-1 Compensation? Owners of partnerships and
LLCs taxed as partnerships typically receive income reported
on a K-1, rather than wages reported on Form W-2. This means
that unlike employees, these owners do not receive traditional
salaries with FICA withholding; instead, they receive “earned
income,” which is derived from their distributive share of profits
and guaranteed payments for services. S-corporation shareholders
might also receive K-1 income, in addition to W-2 wages.
As advisors, it is important to understand that not all K-1 income
counts as plan compensation. For partners, plan compensation
is “earned income,” i.e., net earnings from self-employment,
which is generally the partner’s share of the trade
or business income and guaranteed payments for services to
the extent they are subject to self-employment taxes. Passive
income, investment returns, or distributions not tied to related
services are generally excluded.
Why it Matters for Retirement Plans: Contribution limits, nondiscrimination
testing, and plan allocations all depend on clear
and correct definitions of plan compensation. For example:

  • Partnerships and LLCs: Contributions for partners are based
    on earned income after deducting plan contributions and
    one-half of self-employment taxes.
  • S-corporations: Only W-2 wages count as plan compensation;
    K-1 distributions to shareholders do not.
  • Guaranteed Payments: Guaranteed payments for services
    generally qualify as plan compensation.
    Failing to distinguish between eligible K-1 income and other
    partnership allocations can inflate or understate allowable
    contributions, and result in issues for plan sponsors.
    Key Takeaways for Plan Advisors: For business owners
    with K-1 income, understanding plan compensation is not always
    straightforward. As plan advisors, you can assist your
    clients by identifying the type of entity they own, clarifying
    the nature of their K-1 income, and ensuring plan documents
    clearly define compensation. Be sure to coordinate with your
    TPA and CPA partners to ensure plan compliance, crosscheck
    calculations and make any necessary tax adjustments.

Reminders:

  • October 15, 2025: For calendar-year plans,
    deadline to adopt and implement a corrective
    amendment to correct a Code Section 410(b)
    coverage failure or a Code Section 401(a)(4)
    nondiscrimination failure for the 2024 plan year.
  • October 15, 2025: Deadline to file Form 5500
    (plan years ended December 31), for those plans
    that previously filed a Form 5558 extension
    request.

by Jesse St. Cyr, Partner, Poyner Spruill
Jesse is a member of the Employee Benefits and Executive Compensation team at Poyner Spruill LLP. He represents clients
before the IRS and DOL in matters involving employee benefits. Jesse has experience working with a diverse range of benefits
and compensation matters and has extensive experience working with a variety of employers. Jesse is recognized by Chambers
USA as a leading lawyer for Business (Employee Benefits & Executive Compensation).

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