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The rules treat any individual who is a spouse, child, grandparent or parent of someone who is a 5% owner, or who, together with that individual, would own more than 5% of a companys stock as a 5% owner. As a 5% owner, the law considers each of these individuals a key employee for the plan year.
The rules treat any individual who is a spouse, child, grandparent or parent of someone who is a 5% owner, or who, together with that individual, would own more than 5% of a companys stock as a 5% owner. As a 5% owner, the law considers each of these individuals a key employee for the plan year.
What is a key employee? Under FMLA statutes, a key employee is defined as a salaried employee who is among the highest-paid 10 percent of all workers employed by the employer within 75 miles of the employees worksite.
Key employees are officers or owners of your business who at any time during the year before your testing date were: Officers making over $200,000 for 2022 and $185,000 for 2020-2021 (adjusted annually for inflation);
A Key Employee is one who in the prior plan year* met one or more of these criteria: An officer of the company earning $185,000 or more annually; A 1% owner with a salary of $150,000 or more; and, A 5% (or more) owner regardless of salary.

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Determination of whether an employee is an officer is based on their actual authority in the company and not on their title. Keep in mind if youre an officer earning more than $200,000, you will automatically be deemed a Key Employee.
Key persons include, but not limited to; founders / co-founders, managing directors, company directors, sales directors, IT specialist, head of product development et al. Key persons are those individuals whose skills, knowledge, experience or leadership are important to a business continued financial success.
A true key employee has three critical qualities. He or she has a direct and docHub impact on the value of the business. His or her combination of skills and experience would be very difficult to replace. He or she will participate in a meaningful way in the strategic future of the company.
If so, and if their reportable compensation from the organization and related organizations during the tax year exceeds $150,000, then they must be reported as key employees. If the organization has over 20 employees who meet these tests, then it would only report the top 20 most highly compensated as key employees.
A true key employee has three critical qualities. He or she has a direct and docHub impact on the value of the business. The employees role in the company, responsibilities and decisions impact sales, profitability, growth, product development or another critical value driver in the business.

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