Bad Tips for 401(k)s?
(Posted on November 29, 2025 by Carol V. Calhoun)


The fact that for 2025 through 2028, tipped workers may deduct up to $25,000 from their federal income taxes has been widely publicized. But what has not received a lot of attention is the negative effect this may have on their participation in 401(k) plans.

The problem arises from the fact that tips reported to the employer are reported on the the Form W-2 and subject to income tax withholding. The deduction for tips does not reduce wages for either of those purposes. And a 401(k) plan typically defines compensation from which 401(k) deferrals can be made as either Form W-2 income or compensation subject to withholding. So a tipped individual would be allowed to make 401(k) deferrals out of tips.

Normally, making 401(k) deferrals on a pre-tax basis provides a tax advantage to an employee by deferring taxes on the deferrals until they are distributed from the plan. However, in the case of a tipped employee, it may actually create a tax disadvantage, because it converts otherwise tax-free income into taxable income.

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IRS Benefits & Contributions Limits for 2026
(Posted on November 13, 2025 by Carol V. Calhoun)


The IRS has now issued Notice 2025-67, setting forth section 415 and several other IRS limits for 2026. Maximum employee deferrals under a 401(k) plan went up from $23,500 to $24,500. Catch-ups for those over 50 went up from $7,500 to $8,000, while catch-ups for those ages 60-63 stayed the same at $11,250. However (new for this year), catch-ups for those with previous year’s Social Security wages of at least $150,000 must be made as Roth contributions.

The Social Security Administration had already issued a news release indicating that the Social Security wage base will rise from $176,100 to $184,500 for 2026.

A chart showing details, and limits from 1996 to 2026, can be found at this link.

Maximum Benefits and Contributions Limits
(Posted on November 13, 2025 by Carol V. Calhoun)


See years from: to  

Type of Limitation 20261 20252 20243 20234 20225 20216
Elective Deferrals (401(k) and 403(b); not including adjustments and catch-ups) $24,500 $23,500 $23,000 $22,500 $20,500 $19,500
457(b)(2) and 457(c)(1) Limits (not including catch-ups) $24,500 $23,500 $23,000 $22,500 $20,500 $19,500
Section 414(v) Catch-Up Deferrals to 401(k), 403(b), 457(b), or SARSEP Plans for Individuals Over Age 507 $8,000 $7,500 $7,500 $7,500 $6,500 $6,500
Section 414(v) Catch-Up Deferrals to 401(k), 403(b), 457(b), or SARSEP Plans for Individuals Ages 60-638 $11,250 $11,250 NA NA NA NA
Social Security wages requiring Roth to be used for catch-up9 $150,000 NA NA NA NA NA
Defined Benefit Plans $290,000 $280,000 $275,000 $265,000 $245,000 $230,000
Defined Contribution Plans (annual additions limit) $72,000 $70,000 $69,000 $66,000 $61,000 $58,000
Annual Compensation Limit $360,000 $350,000 $345,000 $330,000 $305,000 $290,000
Annual Compensation Limit for Grandfathered Participants in Governmental Plans Which Followed 401(a)(17) Limits (With Indexing) on July 1, 1993 $535,000 $520,000 $505,000 $490,000 $450,000 $430,000
Highly Compensated Employee (“HCEs”) $160,000 $160,000 $155,000 $150,000 $135,000 $130,000
Key Employee/Officer $235,000 $230,000 $220,000 $215,000 $200,000 $185,000
Individual Retirement Accounts (“IRAs”), for individuals 49 and below $7,500 $7,000 $7,000 $6,500 $6,000 $6,000
Individual Retirement Accounts (“IRAs”), for individuals 50 and above $8,600 $8,000 $8,000 $7,500 $7,000 $7,000
SIMPLE Retirement Accounts $17,000 $16,500 $16,000 $15,500 $14,000 $13,500
SEP Coverage $800 $750 $750 $750 $650 $650
SEP Compensation $360,000 $350,000 $345,000 $330,000 $305,000 $290,000
Tax Credit ESOP Maximum Balance $1,455,000 $1,415,000 $1,380,000 $1,330,000 $1,230,000 $1,165,000
Amount for Lengthening of 5-Year ESOP Period $290,000 $280,000 $275,000 $265,000 $245,000 $230,000
Maximum Amount for Qualified Longevity Annuity Contract Purchases $210,000 $210,000 $200,000 $155,000 $145,000 $135,000
Income Subject to Social Security Tax $184,500 $176,100 $168,600 $160,200 $147,000 $142,800
FICA Tax for employers 7.65% 7.65% 7.65% 7.65% 7.65% 7.65%
FICA Tax for employees 7.65% 7.65% 7.65% 7.65% 7.65% 7.65%
Social Security Tax for employers 6.20% 6.20% 6.20% 6.20% 6.20% 6.20%
Social Security Tax for employees 6.20% 6.20% 6.20% 6.20% 6.20% 6.20%
Medicare Tax for employees and employers10 1.45% 1.45% 1.45% 1.45% 1.45% 1.45%
SECA Tax for self-employed workers 15.30% 15.30% 15.30% 15.30% 15.30% 15.30%
Social Security Tax for self-employed workers 12.40% 12.40% 12.40% 12.40% 12.40% 12.40%
Medicare Tax for self-employed workers 2.90% 2.90% 2.90% 2.90% 2.90% 2.90%

12026 limits reflect issuance of IRS Notice 2025-67 (November 13, 2025), and the corresponding Social Security Administration News Release (October 24, 2025).

22025 limits reflect issuance of IRS Notice 2024-80, 2024-47 I.R.B. 1120 (November 18, 2024), and the corresponding Social Security Administration News Release (October 10, 2024).

32024 limits reflect issuance of IRS Notice 2023-75, 2023-47 I.R.B. 1256 (November 20, 2023) and the corresponding Social Security Administration News Release (October 12, 2023).

42023 limits reflect issuance of IRS Notice 2022-55, 2022–45 I.R.B. 443 (November 7, 2022) and the corresponding Social Security Administration News Release (October 13, 2022).

52022 limits reflect issuance of IRS Notice 2021-61, 2021–47 I.R.B. 738 (November 22, 2021) and the corresponding Social Security Administration News Release (October 13, 2021).

62021 limits reflect issuance of IRS Notice 2020-79, 2020–46 I.R.B. 1014 (November 9, 2020) and the corresponding Social Security Administration News Release (October 13, 2020).

7 This number is only the catch-up available under Code section 414(v). Code sections 457(b)(3) and 402(g) provide separate catch-up rules, which must also be considered in appropriate cases.

8 This additional catch-up only became effective in 2025.

9 The requirement that catch-ups be made as Roth if Social Security wages were above a certain limit only became effective in 2026.

10 Beginning in 2013, there is also a 0.9 percent Additional Medicare Tax that applies to an individual’s wages, Railroad Retirement Tax Act compensation, and self-employment income that exceeds a threshold amount based on the individual’s filing status. The threshold amounts are $250,000 for married taxpayers who file jointly, $125,000 for married taxpayers who file separately, and $200,000 for all other taxpayers. An employer is responsible for withholding the Additional Medicare Tax from wages or compensation it pays to an employee in excess of $200,000 in a calendar year.

Pre-approved Plan Eligibility Checklist
(Posted on December 27, 2023 by Carol V. Calhoun)


Use this checklist to determine which retirement plans can use pre-approved plan documents to satisfy the requirements for preferential tax treatment under the Internal Revenue Code (I.R.C.). The IRS maintains preapproved plan programs pursuant to Rev. Proc. 2023-37, (1) for retirement plans described in I.R.C. § 401(a) (qualified plans), and (2) for annuity contracts or custodial accounts described in I.R.C. § 403(b) (403(b) plans). The programs available for pre-approved plans are different depending on the type of plan and the type of employer.

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New chart: Pre-approved Plan Eligibility Checklist
(Posted on December 27, 2023 by Carol V. Calhoun)


The IRS maintains pre-approved plan programs (1) for retirement plans described in I.R.C. § 401(a) (qualified plans), and (2) for annuity contracts or custodial accounts described in I.R.C. § 403(b) (403(b) plans). A new chart shows what types of plans are and are not eligible to use the pre-approved plan program.

Read more.

New article: Executive Compensation Arrangements for Tax-Exempt Organizations
(Posted on December 6, 2023 by Carol V. Calhoun)


Tax-exempt organizations face special legal challenges in developing compensation packages for their executives. A new article, Executive Compensation Arrangements for Tax-Exempt Organizations, published in the Lexis Practice Advisor provides practical guidance on developing benefits for executives of nonprofits.

This article is divided into the following main topics:

  • Executive compensation considerations for tax-exempt entities
  • Excise Tax on Excess Executive Compensation
  • Deferred compensation rules
  • Severance pay
  • Vacation and sick leave plans
  • Performance bonuses and other nonfixed payments
  • Fringe benefits

Read more.