NONDISCRIMINATION TESTING FILE REVIEWS; SPOONER; REVISE BSC, I-TEL 2026

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How often should non-discrimination testing be done and when should you test? NDT should be performed by the last day of the current plan year and include all employees who were employed on any day during the plan year. Its also recommended that employers test once early or in the middle of the plan year.
The IRS mandates testing to make sure there isnt discrimination between highly compensated employees (HCEs)/key employees and other employees at a company. To meet IRS requirements, the test results need to demonstrate fairness in benefit plans among all levels of employees at a business.
Non-discrimination testing (NDT) is a set of tests created by the Internal Revenue Service (IRS) to determine if a companys benefits are fair for all eligible employeesnot just highly-compensated employees (HCEs).

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In the event of an audit by the Internal Revenue Service (IRS), the plan sponsor must be able to provide the nondiscrimination test results for any plan year. Testing is required to be completed within 12 months following the plan year end.
What happens if you fail nondiscrimination testing? If your plans fail NDT, your tax-free benefits will become taxable income for HCEs on all excess reimbursements. You must include these excess contributions on employees W-2s as gross income. However, they arent subject to income tax withholding.
You fail nondiscrimination tests when owners and highly-paid (HCEs) employees save docHubly more than everyone else. If you fail, you may need to return contributions to HCEs, make additional contributions to rank and file employees, or both. Safe Harbor plans allow you to automatically pass nondiscrimination

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