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IRS 2026 HCE avoidance (working for small company)

I was cursed last year with the HCE designation from the >$155K (income in 2024) working for a small company and going thru hades to figure out how to avoid this again for next year. So far, looks like I got lucky in 2025 by reducing my hours down to 30-39hrs week but reading about this could change to my disadvantage at any time.

This year I need to avoid the $160K HCE limit (last year’s 2025 Box 12 code D was $8657.37 & likely will be my company matched funds of pre-tax dollars for 2026), my question is how much can I earn this year if I know ~$9k will be my company matched funds of pre-tax dollars for 2026? Is it my total salary? (note: nothing will go to 401k as a tax write off, although I do have my entire income going straight into ROTH up to this year’s maximum $80K limit).

One last note, this year I will strategically continue to convert my IRA to ROTH (cIRA2Roth) at 24%-37% MFJ taxes, as well as next year (but likely keep it below ~$200k to avoid IRMA 2+ years from then) which results in me not only avoiding RMD, but keeps me in 0% LTCG if I can keep that amount below $20K a year)

 

My moto is "He who dies paying Uncle Sam the least tax percentage, WINS!"

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2 Replies

IRS 2026 HCE avoidance (working for small company)

Trying to avoid IRS labeling me an HCE again like in 2024 (last year was restricted from contributing to my ROTH 401K)

I asked my company and they did not have a clue, likely because they let Fidelity manages the 401K.

What is shown below is the top part of my W-2 form (replaced actual $ amounts with ####.##)

Followed by my last paycheck stub for 2025, I know the total needs to stay below $160k, worked less hours last year to avoid HCE for this year, but left a lot of money on the table, so want to calculate my salary for this year more accurately.

AI states how to add this up (I only believe AI 70% of the time, I see errors here added as underlined)

1. Start with Gross Salary (W-2 Box 1:( Take your 2025 W-2 taxable wages.

2. Add back 401(k) contributions: Add back any money you contributed to a 401(k) (as this is included in HCE definitions). Not quite correct, you only add back in the Pre-tax (BEFORE TAX DEDDUCTIONS)

3. Add back pre-tax benefits: Add back salary reductions for medical, dental, or FSA (Cafeteria Plan contributions). Again, only add back in Pre-tax (BEFORE TAX DEDDUCTIONS

4. Exclude Company Match: Do not include any 401(k) match or profit-sharing contributions made by your employer. (these are labeled as “EMPLOYER PAID BENEFITS BELOW”, I think?

5. Result: If this total exceeds $160,000 (for 2025 look-back to 2026 HCE status), you are an HCE.

 

Two questions below
 1.) My HCE being <$160k is these two numbers added together? (green)

 2.) Not the same amount due to my 401k pretax contribution? (red):
Sorry for having to split the image up to post it here.......

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IRS 2026 HCE avoidance (working for small company)

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