Guest bobolink Posted September 17, 2008 Share Posted September 17, 2008 nothing seems to fit. Some questions: 1. I read the instructions to 5310-A to require that present value of assets spun off is not less than the present value of benefits spun off and de minimus to be exempt from filing. I consistantly read others who advise that satisfying one or the other is is enough. What's right? 2. The 5310-A is required 30 days "prior to merger, consolodation, spinoff or transfer of plan assets ... " Is that 30 days prior to the spin-off date specified in the agreement (the closing date), or is it the date of actual transfer? It seems unlikely data will be available on closing date. Thanks. Link to comment Share on other sites More sharing options...
J Simmons Posted September 20, 2008 Share Posted September 20, 2008 1. I think for the exemption you must meet both: (a) the present value of assets spun off is not less than the present value of benefits spun off, and (b) the 3% de minimis rule. 2. If you have to file the F5310-A, I think to be timely you should file at least 30 days before either the document specified effective date or the transfer of any assets to effectuate the spin-off. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation. Link to comment Share on other sites More sharing options...
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