Requirements for employer's qualified plan contribution deduction
To qualify for deduction as a contribution to a qualified plan, the employer's contribution must first qualify as an ordinary and necessary business expense within the limits of reasonable compensation.[FN1]
The plan to which the contribution is made must be in existence by the end of the year for which the deduction is claimed. No deduction is allowed for a contribution to a plan that is merely contemplated and materializes only in a later year.[FN2]
Contributions made by a U.S. parent or U.S. employer on behalf of the employees of its U.S. subsidiary or foreign affiliate are deductible by the sub or affiliate. The deduction is taken in the tax year with which or within which the tax year of the U.S. parent or U.S. employer ends.[FN3]
In addition, there are special ceilings on deductions for contributions to specific types of plans and combinations of plans (Ben §§ 27:3 et seq.).
For when contributions must be made and the forms they may take, see Ben §§ 27:11 et seq.