Ask the Experts September 25, 2012

(b)lines Ask the Experts – Can Independent Contractors Participate?

September 25, 2012 (PLANSPONSOR (b)lines) – “Can an independent contractor participate in a 403(b) plan sponsored by a tax-exempt 501(c)(3) organization?”

Reported by

Michael A. Webb, Vice President, Retirement Plan Services, Cammack LaRhette Consulting, answers:

Unlike 457(b) plans, where independent contractors are permitted to participate, Code Section 403(b)(1)(A) limits participation in 403(b) plans to employees of a 501(c)(3) organizations, employees of public schools, and ministers. Thus not only are independent contractors of a 501(c)(3) tax-exempt organization prohibited from participating in a 403(b) plan, independent contractors of any sort are excluded from 403(b) plan participation, though self employed ministers may participate.

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NOTE: This feature is to provide general information only, does not constitute legal advice, and cannot be used or substituted for legal or tax advice.

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