Notice 97-45, Highly Compensated Employee Definition

This notice provides guidance on the definition of a highly compensated employee within the meaning of section 414(q) of the Internal Revenue Code as simplified by section 1431 of the Small Business Job Protection Act of 1996, including an employer's option to make a top-paid group election under section 414(q)(1).

The latest form for Notice 97-45, Highly Compensated Employee Definition expires 2022-11-30 and can be found here.