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Well, I'm comforted to know it's not just me. Frankly I'm shocked my entire package of client extensions has not received the letters or if they have clients haven't sent them to me as of yet. Up to 15 so far that I am responding too individually. My clients are well aware of the situation because I have been communicating weekly asking for them to send me the letters and not sit on them and I've only received 15 so far, so could it be that 15 of my 46 were the only ones received? No clue!! Please Craig keep us posted on here or I may email you separately just to establish communication in regards to this issue.

If they are employees, they count.

here is the regulation cite if helpful. Treas. Reg. §1.401(m)-3(j)(6)

ACP testing is required for after tax contributions, safe harbor does not exempt you from this.

I believe the answer to the original question is yes, assuming that the annuity purchase was handled properly. See SECURE 2.0 sec. 204, section 1.401(a)(9)-5(a)(5)(iv) of the 2024 final regulation, and 1.401(a)(9)-5(a)(5)(v) of the 2024 proposed regulations.

Its hard to tell when the only ones you hear about are the denials. I have had both denials and approvals in the same batch in prior years. You should be able to get a resolution, but its a time suck.

Wrong on 5500 or 5558? Either way, I think you’re okay as long as the EIN and PN are correct.

Thanks!

Yes, as I originally thought, something is amiss in Ogden yet again. We are up to 10 at last count. I have been in contact with Kelsey and she is pursuing this with Ogden. We will see what she finds out.