Plan makes a corrective allocation under EPCRS for a missed deferral and missed match in the form of a QNEC to the plan, plus attributable earnings.  The RK is partly responsible for the error and offers to cover the cost of earnings on the QNECs involved.  

Question - Can the RK fund the earnings directly to the Plan or should the RK reimburse the Plan Sponsor/Employer for the earnings amount by other means outside the Plan?  Clearly, a corrective allocation must come from employer non-elective contributions (including forfeiture account if the plan allows "use to reduce" method) but unclear part is whether the earnings attributable to the corrective allocation should also be required to be funded from ONLY employer non-elective contributions (including forfeitures).  Any help is greatly appreciated. Thank you!

From Rev.  Proc. 2021-30, page 31/140:

(4) Principles regarding corrective allocations and corrective distributions.  The following principles apply where an appropriate correction method includes the use of corrective allocations or corrective distributions:  (a) Corrective allocations under a defined contribution plan should be based upon the terms of the plan and other applicable information at the time of the failure (including the compensation that would have been used under the plan for the period with respect to which a corrective allocation is being made) and should be adjusted for Earnings and forfeitures that would have been allocated to the participant's account if the failure had not occurred.  However, a corrective allocation is not required to be adjusted for losses.  Accordingly, corrective allocations must include gains and may be adjusted for losses.  For additional information, see Appendix B, section 3, Earnings Adjustment Methods and Examples.  (b) A corrective allocation to a participant's account because of a failure to make a required allocation in a prior limitation year is not considered an annual addition with respect to the participant for the limitation year in which the correction is made, but is considered an annual addition for the limitation year to which the corrective allocation relates.  However, the normal rules of § 404, regarding deductions, apply.  (c) Corrective allocations should come only from employer nonelective contributions (including forfeitures if the plan permits their use to reduce employer contributions).  For purpose of correcting a failed ADP, actual contribution percentage (“ACP”), or multiple use test, any amounts used to fund qualified nonelective contributions (“QNECs”) must satisfy the definition of QNEC in §1.401(k)-6.

 Page 26/140:

.04 Earnings.  The term “Earnings” refers to the adjustment of a principal amount to reflect subsequent investment gains and losses, unless otherwise provided in a specific section of this revenue procedure.

So some advise eliminating a waiting period or making it very short for part-time deferral-only employees.  In the past if the plan was top-heavy they had to get 3%.  90% of our plans are top-heavy.  And I know SECURE 2.0 eliminates top-heavy for those otherwise excludable.  

So if a plan allows all participants entry into the plan say after 12-month wait and entry date, those with a Year of Service (1000 hours) will get a full employer contribution and those without will not - they can defer only. This will satisfy the LTPT requirement.  There is no testing on the deferral-only group, and no top-heavy required contribution.  This seems pretty easy except it's more enrollment for a plan sponsor.  I believe our clients generally will still want the 12-month waiting period.

Does this sound reasonable?

Also, if it is a DC/DB combo, are there any consequences?  I would think not.

We have a client (individual medical practice) that is bringing in a group of 6 employees (5 employees plus 1 doctor) from a hospital.  Of course the doctor would like to immediately participate in the medical group plan.   We've used the predecessor service plan feature when a practice has been acquired.  But I believe I read to use that feature there needs to be some business continuity relating to the group coming over.

I always appreciate your comments.  

Tom

Participant has a vested balance of $75,000 including an outstanding loan balance of $15,000.  The highest outstanding loan balance in the last 12 months is $35,000. If the loan limit is 50% of the vested balance not to exceed $50,000 reduced by the highest outstanding loan balance, what is the maximum amount available for loan?    Fifty percent of the vested balance is $37,500; $15,000 is outstanding leaving $22,500 available for a loan.  But $50,000 less $35,000 is $15,000; $15,000 is less than $22,500, thus $15,000 is the maximum amount available for loan.  Good so far?

So the Participant takes a loan for $15,000 and now has total outstanding loans of $30,000.  Does it not stand to reason that since loans were maxed out that the Participant now has $0 available to take another loan?  Let's do the math again.  Participant has a vested balance of $75,000 including outstanding loans of $30,000.  The highest outstanding loan balance in the last 12 months remains at $35,000.  Fifty percent of the vested balance is $37,500; $30,000 is outstanding leaving $7,500 available for a loan.  The $50,000 limit less $35,000 is $15,000.  Now $7,500 is less than $15,000, thus, what do you know, now we have $7,500 available for a new loan!

So Participant is told that he is maxing out his loans on one day, only to find more available for a loan after taking the "maximum" loan the day before.

I've been doing this a long time (perhaps too long!) and never came across this before.  Do I have it right?  Missing anything?

A provider initiated the IDR process by notifying a TPA and not the plan or issuer of the dispute. The TPA never forwarded the notice. The plan only learned about the determination -- which was issued with only input from the provider -- a year later. Is it a valid determination?

Other than SEPs (Medicaid/Chip), do you allow any PECs for adding a newborn beyond 30 days?  I haven't gotten this question in a while but we have a plan with two requests - one parent was admitted to an inpatient mental health facility right after the birth and one reportedly couldn't access the enrollment system (yet to be verified).

We have a client with a safe harbor and cross tested profit sharing plan. They opted to maximize contributions for the owners. 5500 was filed and participant statements delivered. Now they do not have the money to fund the plan. Can they amend the profit sharing contribution and 5500 by still giving all the NHCE's the same contribution, but reducing the owners profit sharing to zero?

Anyone else have clients getting extension letters from the IRS saying their 12/31/2022 PYE are 6/30/2023 PYE and their 5500 is extended to April? 

We have seen a few.

I am trying to understand if contributions (Pretax, Roth, and after-tax, also known as Mega Backdoor Roth) to a solo 401k can be made before the tax deadline and not strictly by the end of the year for a Sole Proprietorship.

I was reading that contributions can be made before the business tax deadline, except for the Employee contribution part, which should be made before the end of the year:

While employee and employer contributions may be extended until the company tax return deadline, you will typically need to file a W-2 for your wages (e.g. an S-Corporation) by January 31st, 2023. The W-2 will include your wage income and any deduction for employee retirement plan contributions will be reduced on the W-2 in box 12. As a result, you should make your employee contributions (up to $20,500 for 2022) by January 31st, 2023 or you should at least determine the amount you plan to contribute so that you can file an accurate W-2 by January 31st, 2023. If you don’t have all or a portion of the funds you plan to contribute available by the time your W-2 is due, you can set the amount you plan to contribute to the 401(k) as an employee contribution, and will then need to make a said contribution by the tax return deadline (including extensions).

I am a bit confused about the W2 part. As a Sole Proprietorship, I do not have a W2 form (I give my customers a W9 form when making contract work). Does it mean I can make the Employee contribution part before the tax deadline?

Also, can the Mega Backdoor Roth be done before the tax deadline as well?

We use Relius ASP and no one is able to use the file transfer tool to port files between the Relius Desktop and our local desktops.  Anypne having the same issue? Saturday October 7th..

I have a plan that was audit level in 2021.  They are current at 101 participants.  Two participants terminated in 2021  has a zero balance on 1/1/2022, but received lost earnings within the year.  Datair is counting them in the 2022 beginning participant count.  Since they didn't have a beginning balance, should they considered a participant for the Form 5500 count?

We have a defined benefit plan that is seriously underfunded, with a required contribution needed for 2022.  Benefit accruals have since been, prospectively, frozen with appropriate advance notices.   (This was actually done several years ago.)  I also note that the plan is NOT covered by PBGC.  One thing that the Client is being advised to do is to have the Plan be deemed terminated retroactively.  For example, amend the plan NOW to say the plan was deemed terminated as of 12/31/2021.  Is this allowed?  Thank you very much for your replies, especially in light of 10/15!

Hello, 

We are trying to utilize the online capability of having participants requests Hardships and In-Service Distributions as well as Loans directly through the website.  Is someone able to point us in the right direction on the procedures Relius provides in order to get this setup accurately with all the specific distribution/loan provisions that a plan would have? 

Thanks for any assistance that can be provided. 

A brand new DB plan effective 1/1/22 was adopted in August, 2023. May the plan's formula be amended before 10/15/23 to increase benefits effective 1/1/22? The plan sponsors 2022 tax return has an extension to 10/16/2023.

Thank you.

If an individual was in 2 different retirement plans, both of which permitted after-tax employee contribution, could the individual contribute say $50,000 after-tax into each (assuming compensation is high enough, passes testing, etc)?

My spouse and I have separate solo 401k plans (let’s call them Plan A and Plan B), which we opened a few years ago when we undertook self-employed activities. This year, we opened an LLC as QJV and are looking to consolidate those solo 401k plans into one (let’s call it Plan C).

Furthermore, after some research, it seems that in community property states, we’re considered a Controlled Group and can only have one solo 401k plan. However, we have two solo 401k plans and need to fix this as soon as possible.

We are trying to understand the best course of action.

Option #1:

1) Adopt a new solo 401k plan (Plan C)

2) Perform trustee-trustee transfers from Plan A and B to the new Plan C

3) Close the old solo 401k plans (Plans A and B)

Option #2:

1) Amend (restate) Plan A so it becomes Plan C

2) Perform a trustee-trustee transfer from Plan B to the new Plan C

3) Close solo 401k plan (Plan B)

Option #3:

Create a controlled group plan, which will list both Plan A and Plan B in the solo 401(k) plan documents (Plan C).

It seems like Option #1 is the simplest one, but I’m unsure if it’s ok to do it. Option #2 acts as a middle ground, but its benefits compared to Option #1 aren’t very clear to me. Option #3 appears to be the most complex.

Would appreciate any insight here. An employer provides an employee a vehicle for business and personal use. There is no substantiation, etc. The full value is taxable to the employee. As a taxable, non-cash fringe benefit, the employer normally would be required to withhold federal income tax based on the value of the non-cash fringe benefit provided to the employee. Say the value is $500 per month.

However, Section 3402(s) and Announcement 85-113 say that an employer can choose not to withhold federal income tax from the value of a "vehicle fringe benefit" (a taxable, employer-provided vehicle). Even though withholding is optional, there is nothing in Section 3401(a) itself that exempts taxable vehicle fringe benefits from "wages" as defined in Section 3401(a). 

So is the $500 per month included in 3401(a) wages for plan purposes? My initial reaction is yes, but interested to hear what others think.

For what it's worth, this differs from GTL over $50,000, which is specifically excluded from 3401(a) wages in Section 3401(a)(14) (whereas vehicle fringes are not excluded in Section 3401(a), but rather subject to optional withholding under Section 3402(s)).

Upon termination of a DB pension plan, surplus pension assets may be transferred directly to the employer's DC plan to avoid or reduce the excise tax otherwise applicable under Code Section 4980. Is there any reason that the surplus assets cannot be transferred in-kind to the DC Plan? Thanks.

For 2024’s emergency personal expense distribution, Internal Revenue Code § 72(t)(2)(I)(iii) states:

DOLLAR LIMITATION.—The amount which may be treated as an emergency personal expense distribution by any individual in any calendar year shall not exceed the lesser of $1,000 or an amount equal to the excess of—

(I)    the individual’s total nonforfeitable accrued benefit under the plan (the individual’s total interest in the plan in the case of an individual retirement plan), determined as of the date of each such distribution, over

(II)  $1,000.

What does this mean?

Does it mean a participant whose whole account (let’s assume it’s all 100% vested) is $1,787 is restricted to $787 for her emergency personal expense distribution?

I am assisting a new hire for a 401k client (my firm serves as third party administrator).  The Plan Sponsor's owner (small company) would like me to train this new employee both with respect to an overview of the IRS, DOL, etc requirements for 401k plans, and also issues that are specific to this plan, which I'm glad to do for the this long time client.  

I also think it might be beneficial for this employee, to take a course taught by a professional educator, that introduces someone who does not have previous job experience that involved the day to day operation of a 401k plan.  Can anyone recommend an online (day-long, for example) course for this employee? 

Specific websites, company names are appreciated.  I've searched my local CPA society offerings and done some basic web searching, and of course I'm aware that that there are hundreds of options for specific issues within the 401k world ("EPCRS update" for example), but I'm not having much luck finding a "401k for beginners" overview course.  Appreciate any suggestions.