
A Safe Harbor 401(k) is a retirement plan with one subtle difference from a standard 401(k): Businesses can bypass the IRS's annual nondiscrimination testing — a requirement for plans like 401(k)s to maintain their tax-qualified status.
These plans allow business owners and highly compensated employees (HCEs) to maximize their retirement contributions (up to the full annual limit, e.g., $23,500 in 2025 and $24,500 in 2026, plus catch-ups) without restrictions or refunds due to failing IRS nondiscrimination tests.