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| Meta Title | Choosing a retirement plan: SIMPLE 401k plan | Internal Revenue Service |
| Meta Description | SIMPLE 401(k) Plan |
| Meta Canonical | null |
| Boilerpipe Text | A subset of the 401(k) plan is the SIMPLE 401(k) plan. Just like the SIMPLE IRA plan, this is a plan just for you: the small business owner with 100 or fewer employees. However, just as with the SIMPLE IRA plan, there is a two-year grace period if you exceed 100 employees, to allow for growing businesses.
Under a SIMPLE 401(k) plan, an employee can elect to defer some compensation. But unlike a regular 401(k) plan, you the employer
must make
either:
A matching contribution up to 3% of each employee’s pay, or
A non-elective contribution of 2% of each eligible employee’s pay.
No other contributions can be made. The employees are totally vested in
any and all contributions
.
If you establish a SIMPLE 401(k) plan, you:
Must have 100 or fewer employees.
Cannot have any other retirement plans.
Need to annually file a Form 5500.
The IRS has issued Model Amendments for SIMPLE 401(k) plans. These Model Amendments permit a 401(k) plan to become a SIMPLE 401(k) plan (if the other requirements are met).
Pros and cons
Plan is not subject to the non-discrimination rules that apply to everyday 401(k) plans.
Employees are fully vested in
all
contributions.
Straightforward benefit formula allows for easy administration.
Optional participant loans and hardship withdrawals add flexibility for employees.
No other retirement plans can be maintained.
Withdrawal and loan flexibility adds administrative burden for the employer.
Who contributes
Employee salary deferrals and Employer contributions.
Contribution limits
Employee
- $16,000 in 2024, $15,500 in 2023, $14,000 in 2022 and $13,500 in 2020 and 2021. If the employee is age 50 and over, an additional “catch-up” contribution is allowed. The additional contribution amount is $3,500 in 2023 and 2024 ($3,000 in 2022, 2021, and 2020).
Employer
- A dollar-for-dollar match up to 3% of pay
or
a 2% non-elective contribution for
each eligible employee
.
Filing requirements
Annual filing of Form 5500 is required.
Participant loans
Loans are permitted.
In-service withdrawals
Yes, but subject to possible 10% penalty if under age 59-1/2.
Related
Consider a
SEP
or
SIMPLE IRA
plan. |
| Markdown | [Skip to main content](https://www.irs.gov/retirement-plans/choosing-a-retirement-plan-simple-401k-plan#main-content)

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3. Choosing a retirement plan: SIMPLE 401k plan
# Choosing a retirement plan: SIMPLE 401(k) plan
### More In Retirement Plans
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A subset of the 401(k) plan is the SIMPLE 401(k) plan. Just like the SIMPLE IRA plan, this is a plan just for you: the small business owner with 100 or fewer employees. However, just as with the SIMPLE IRA plan, there is a two-year grace period if you exceed 100 employees, to allow for growing businesses.
Under a SIMPLE 401(k) plan, an employee can elect to defer some compensation. But unlike a regular 401(k) plan, you the employer **must make** either:
1. A matching contribution up to 3% of each employee’s pay, or
2. A non-elective contribution of 2% of each eligible employee’s pay.
No other contributions can be made. The employees are totally vested in **any and all contributions**.
If you establish a SIMPLE 401(k) plan, you:
- Must have 100 or fewer employees.
- Cannot have any other retirement plans.
- Need to annually file a Form 5500.
The IRS has issued Model Amendments for SIMPLE 401(k) plans. These Model Amendments permit a 401(k) plan to become a SIMPLE 401(k) plan (if the other requirements are met).
## Pros and cons
- Plan is not subject to the non-discrimination rules that apply to everyday 401(k) plans.
- Employees are fully vested in *all* contributions.
- Straightforward benefit formula allows for easy administration.
- Optional participant loans and hardship withdrawals add flexibility for employees.
- No other retirement plans can be maintained.
- Withdrawal and loan flexibility adds administrative burden for the employer.
## Who contributes
Employee salary deferrals and Employer contributions.
## Contribution limits
**Employee** \- \$16,000 in 2024, \$15,500 in 2023, \$14,000 in 2022 and \$13,500 in 2020 and 2021. If the employee is age 50 and over, an additional “catch-up” contribution is allowed. The additional contribution amount is \$3,500 in 2023 and 2024 (\$3,000 in 2022, 2021, and 2020).
**Employer** \- A dollar-for-dollar match up to 3% of pay *or* a 2% non-elective contribution for **each eligible employee**.
## Filing requirements
Annual filing of Form 5500 is required.
## Participant loans
Loans are permitted.
## In-service withdrawals
Yes, but subject to possible 10% penalty if under age 59-1/2.
## Related
- Consider a [SEP](https://www.irs.gov/retirement-plans/plan-sponsor/simplified-employee-pension-plan-sep "Simplified Employee Pension plan (SEP)") or [SIMPLE IRA](https://www.irs.gov/retirement-plans/plan-sponsor/simple-ira-plan "SIMPLE IRA plan") plan.
Page Last Reviewed or Updated: 26-Aug-2025
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| Readable Markdown | A subset of the 401(k) plan is the SIMPLE 401(k) plan. Just like the SIMPLE IRA plan, this is a plan just for you: the small business owner with 100 or fewer employees. However, just as with the SIMPLE IRA plan, there is a two-year grace period if you exceed 100 employees, to allow for growing businesses.
Under a SIMPLE 401(k) plan, an employee can elect to defer some compensation. But unlike a regular 401(k) plan, you the employer **must make** either:
1. A matching contribution up to 3% of each employee’s pay, or
2. A non-elective contribution of 2% of each eligible employee’s pay.
No other contributions can be made. The employees are totally vested in **any and all contributions**.
If you establish a SIMPLE 401(k) plan, you:
- Must have 100 or fewer employees.
- Cannot have any other retirement plans.
- Need to annually file a Form 5500.
The IRS has issued Model Amendments for SIMPLE 401(k) plans. These Model Amendments permit a 401(k) plan to become a SIMPLE 401(k) plan (if the other requirements are met).
## Pros and cons
- Plan is not subject to the non-discrimination rules that apply to everyday 401(k) plans.
- Employees are fully vested in *all* contributions.
- Straightforward benefit formula allows for easy administration.
- Optional participant loans and hardship withdrawals add flexibility for employees.
- No other retirement plans can be maintained.
- Withdrawal and loan flexibility adds administrative burden for the employer.
## Who contributes
Employee salary deferrals and Employer contributions.
## Contribution limits
**Employee** \- \$16,000 in 2024, \$15,500 in 2023, \$14,000 in 2022 and \$13,500 in 2020 and 2021. If the employee is age 50 and over, an additional “catch-up” contribution is allowed. The additional contribution amount is \$3,500 in 2023 and 2024 (\$3,000 in 2022, 2021, and 2020).
**Employer** \- A dollar-for-dollar match up to 3% of pay *or* a 2% non-elective contribution for **each eligible employee**.
## Filing requirements
Annual filing of Form 5500 is required.
## Participant loans
Loans are permitted.
## In-service withdrawals
Yes, but subject to possible 10% penalty if under age 59-1/2.
## Related
- Consider a [SEP](https://www.irs.gov/retirement-plans/plan-sponsor/simplified-employee-pension-plan-sep "Simplified Employee Pension plan (SEP)") or [SIMPLE IRA](https://www.irs.gov/retirement-plans/plan-sponsor/simple-ira-plan "SIMPLE IRA plan") plan. |
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