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Safe-Harbor

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Safe-Harbor
Tax regulations that allow a (usually) simpler method of determining a tax consequence than is available following the precise language of the Code or regulations. An example is the simplified method for determining the taxable portion of pension distributions.


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The procedure provides three safe-harbor methods that permit individuals to calculate the decrease in FMV of their personal residences and one safe-harbor method that allows individuals to calculate the decrease in FMV of their personal belongings.
However, effective for plan years beginning in 1999, the Small Business Job Protection Act of 1996 introduced safe-harbor formulas for 401(k) salary deferral and matching contributions that eliminated the need for employers to perform annual nondiscrimination testing.
The use of safe-harbor transmittal language becomes particularly germane in those instances where the state boards exercise administrative penalty jurisdiction over non-licensees as well as licensees.
 
 
 
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