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David Guadagnoli

David A. Guadagnoli is a tax partner in the Boston office of Sullivan & Worcester. He concentrates his practice in the employee benefits area and is experienced in the design, implementation and administration of welfare and fringe benefit arrangements and qualified retirement plans (including 401(k) plans and ESOPs) for large and small employers, retirement distribution planning for individuals and the design and implementation of nonqualified deferred compensation and equity compensation arrangements for public and private employers. David has extensive practical experience with nondiscrimination testing issues, plan recordkeeping and conversion issues, IRS and DOL audits and the use of self-correction and agency-approved programs and the use of ESOPs as a succession planning tool. David also regularly counsels clients in the financial services industry by advising on and negotiating investment management agreements, structuring pension plan investments to avoid ERISA where possible (using venture capital operating companies (VCOCs) and real estate operating companies (REOCs), as appropriate), and helping clients navigate fiduciary and prohibited transaction issues under ERISA when not. David has worked with clients in manufacturing, real estate, professional services, education, financial services and the not-for-profit sectors.
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Recent Posts

Student Loan Debt and 401(k) Plans

Posted by David Guadagnoli on Aug 21, 2018 12:29:51 PM

By David Guadagnoli and Amy Sheridan

A new ruling was released last Friday by the Internal Revenue Service that presents a very intriguing possibility for employers looking to economically support employees with student debt burdens. The idea is that an employee can receive the economic equivalent of a 5% matching contribution, even if he or she is not actually making 401(k) contributions but is instead actively paying down student debt. The ruling, which can be relied upon only by the taxpayer to whom it was issued, addresses the very technical question of whether such an arrangement violates the so-called contingent benefit rule under Internal Revenue Code Section 401(k)(4)(A), a particularly arcane area of the arcane law of employee benefits.

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Topics: student debt, 401(k) contributions, contingent benefit rule, student loan, matching contribution

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