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Qualified distributions of Roth accounts (principal and earnings) are tax-free. Qualified distributions are after age 59 1/2 AND if 5+ years from first Roth contribution. The 5 year rule does not apply to each contribution. However, if there were any in-plan Roth conversions, if I remember correctly the 5 year clock applies separately to each conversion. Death benefit distribution of Roth would also be tax free, but do not know if 5 year requirement applies to death benefits.

I don't see any reason why you couldn't amend the definition of compensation mid-year for employees who have not yet entered the plan. However, the plan's definition of compensation for allocations does not (usually) control its definition of compensation for testing. You can use post-entry comp for testing without amending the plan. You can also use comp net of deferrals (remember to also net out sec. 125 deferrals if you do this). Just double check that there isn't something in your plan document that would lock you in to a particular definition of comp for testing. If you think about it, though, allocation comp for deferrals is always post-entry comp; you can't defer on comp that was paid before you entered the plan.

If you continue with this client, make and keep records of the written advice you provide. Your descriptions of the client’s behavior suggest the client might assert it did not receive, or did not understand, your advice.

Are you sure that's what the plan says? Read the exact wording in your plan document. I bet it actually says something to the effect that non-resident aliens with no U.S.-source income are excluded. If someone worked in the U.S. then they would not fall under that excludable employee classification, even if they are not a citizen and not a permanent resident.

Assuming the grown children are the beneficiaries and that this is a defined contribution plan, they would have the right as beneficiaries to elect a rollover to an IRA(s) at any time in most, if not all, plans (RTFD). Any RMDs owed would have to be taken first. After rollover to an IRA(s), the RMD issues are the responsibility of the beneficiaries.

Yes, it is that time of year again – the annual tax lament, to the tune of “Yesterday” by the Beatles. Remember, it is only when the final line is truly sung from the heart that one can appreciate the scope of anguish and angst that the artist is attempting to convey… Yesterday... Income tax was due, I had to pay... All the funds I tried to hide away... I don't believe, I'll eat 'till May. Suddenly... I'm not sure that I am fiscally... Ready for responsibility... Oh yesterday, came suddenly. Why, I Owed so much, I don't know, I couldn't say May be Forms were wrong, how I long, for yesterday. Yesterday... Seemed like prison time was on its way... Now I need a place to hide away... While keeping IRS at bay. Why, I Owed so much, I don't know, I couldn't say May be Forms were wrong, how I long, for yesterday. Yesterday... Taxes due, I filed come what may... Losing all deductions that's my way... Of giving IRS my pay. mm - mm - mm - mm - mm - mm - mm.