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Showing content with the highest reputation on 01/01/2023 in all forums

  1. For services about an individual-account (defined-contribution) retirement plan, here’s a few key due dates, and whether each is (or isn’t) adjusted under the Treasury department’s rule about a return or payment due on a Saturday, Sunday, or legal holiday. For Form 5500 reports, the Labor department follows Treasury’s rule. January 15, a Sunday, is adjusted to Tuesday, January 17. March 15, a Wednesday, is not adjusted. April 15, a Saturday, is adjusted to Tuesday, April 18. If a Federal tax return is due on a Statewide legal holiday of the State in which the filer resides or a holiday of the District of Columbia, the return is timely if filed by the next day that is not a Saturday, Sunday, or legal holiday. 26 C.F.R. § 301.7503-1. In 2023, the District of Columbia’s Emancipation Day is observed on Monday, April 17. D.C. Code § 28-2701. Internal Revenue Code of 1986 § 7503 might provide no adjustment for something a retirement plan provides—for example, a corrective distribution—rather than an act the Internal Revenue Code commands. June 29 (180 days after 2022 ended), a Thursday, is not adjusted. July 29 (210 days after 2022 ended), although a Saturday, is not adjusted. See 29 C.F.R. § 2520.104b-3 (Summary of material modifications to the plan and changes in the information required to be included in the summary plan description). July 31, a Monday, is not adjusted. September 15, a Friday, is not adjusted. October 15, a Sunday, is adjusted to Monday, October 16.
    1 point
  2. I am reminded of my conviction that we got section 409A as a consequence of “consultants” claims that our advice/interpretation about nonqualified deferred compensation rules was too conservative. The quoting function is illustratively mechanical in attributing Brian Gilmore’s statement to Luke Bailey.
    1 point
  3. The rule of parity allows you to disregard eligibility service before 5 consecutive 1-year breaks in service for an unvested participant. If this person has a vested balance in the plan then they probably entered the plan immediately upon re-hire, regardless of how many 1-year breaks in service occurred.
    1 point
  4. It's important to note that GPT is a machine learning model, which means that it uses statistical techniques to learn from the data it is trained on. As a result, the quality and characteristics of the training data can have a significant impact on the performance of the model. In future we can see better results - I hope
    1 point
  5. 416(i)(1)(B)(iii)(I) says that sec. 318(a)(2)(C) is applied by substituting "5%" for "50%." In other words, take anywhere that "50%" appears in 318(a)(2)(C) and mentally replace it with "5%" when you're thinking about who is a 5% owner for sec. 416 purposes. What 318(a)(2)(C) says, is that if you own at least 50% (but we're treating it as if it says 5%) of a corporation, then you are deemed to own a proportional share of any stock owned by that corporation. Based on the facts presented, I don't think this section applies to your situation. Ordinary spousal attribution under sec. 318 applies, and so each spouse would be considered to own 10% for 416, and consequently for 401(a)(9), purposes.
    1 point
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