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Showing content with the highest reputation on 05/10/2016 in all forums

  1. Me too. Have done it. We've done final 5500s that way before, but not any more. The last two returns we did that way were selected by an IRS project looking at final 5500s. After dealing with IRS correspondence, we had to amend both returns. If you show year end assets and offsetting liabilities, taking the net assets to zero, you will probably get a letter from the IRS in a couple of years. I would file based on a final year ending 5/2/2016. As for a restatement being due because assets existed after 4/30/16, you should discuss that with your document provider or ERISA attorney. The EOB cites Notice 87-57 in a discussion about the remedial amendment period for a terminating plan ending when the plan terminates. You should also look at Announcement 88-8, which modifies Notice 87-57 to clarify what the termination date is. Announcement 88-8: That's a long way of saying the plan document requirements are based on the effective date of the plan termination, not when the final assets are distributed. I remember it being discussed in prior restatement cycles and have not heard that anything changed with this cycle.
    2 points
  2. Zorro: In my experience, it is always prudent to "see" the POA to verify the authority given. I wouldn't rely on the signature being "notarized" - that just confirms the identity of the signer - not the authority. hr for me: In refinancing, since your husband was a signer of the documents, a verification of his being alive was important as he had an obligation to pay the note (as did you). One can't borrow money if they are dead (although their estate can, but that is a different story). That issue had nothing really to do with the POA (or it's validity) but rather with insuring that the obligor was alive and could pay back the borrowed money (or at least was alive at the time of signing - so they would have a claim on his estate if he later died). POAs are strange things - and the way they are drafted can make a big difference (general or limited, indefinite or for a period of time, regular or "durable") and the specific authority given (medical, financial, etc.). When in doubt, DEMAND the POA and consult a lawyer to see if it covers the transaction at hand.
    1 point
  3. When the PBGC makes a promise, they are using other people's money. The process is broken.
    1 point
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