Any idea where to get a blank copy of a 1999 5500-EZ? Relius Network software only holds 3 years.

Try to find the phrase illustrated by the pictures.

Wordplay.doc

Is anyone familiar with the concept of doing a "wrap" or master plan around the company's other plans, so that only one 5500 filing is required? F. Durden

I have an employee who is in a simple plan (w2 wages).

Also self employed with Schedule C income.

If he establishes a 401(k) for his self employed income, and he max's out in the simple, what is his limit in the 4K? $15K less his max simple contribution?

Thanks

In a Safe Harbor 401(k), is the employer 3% non-elective contribution tested under 401(a)? For example, if a participant receives only the 3% non-elective and not part of the discretionary profit sharing (due to last day of plan year requirement), do they still "benefit" under 401(a)? Thanks.

Since the PFEA technically expired at 12/31/05, what rates are we to use for RPACL, PBGC variable premium, etc.?

As we all know the DOL requires employers to deposit participant contributions as soon as they can reasonably be segregated from the employer's general assets. This rule applies to participant contributions only, such as deferrals, catch ups, after tax etc... I believe that matching contributions do not have to be made to the plan until the due date of the employer's tax return. That's fine when you are dealing with an annual match, but what about a match made on a per payroll basis? When does that have to be contributed to the plan (assume there is no plan provision addressing the contribuition due date)?

Is it allowed to charge expenses to just terminated participants' accounts if the plan assets are in a pooled account?

If you are charging expenses by calculating pro-rata what the expense should be to a terminated participant's account, is there a limit on the dollar amount that could be charged?

Do you have to inform the participants how much will be charged each year?

Do you have to amend the plan either way (if you want to charge fees or not)?

Thank you for any help!

Participant's last day of employment was 12/30/05. Since 12/31 fell on a non-business day, does that mean 12/30 was the last day of the plan year? Participant must be employed on last day of plan year to receive an allocation of profit sharing contribution. (Calendar year plan.) Thanks.

Now that the Schedule R has the coverage test information on it do you need to file the schedule if you do not have any distributions during the year?

In March 2005, a non-spouse beneficiary requested to have a rollover distribution into his IRA. No one caught it so the rollover went through.

I was informed of it now since 1099-Rs are being prepared.

I'm not sure how to correct this. I know I should inform the participant that the distribution was not eligible to be rolled over; it should be withdrawn from the IRA, and it should be taxable income in 2005.

Should we prepare a 1099-R for 2005 disclosing it as a cash distribution? Or, have it withdrawn and let the IRA issue a 1099-R for 2006 disclosing it as a cash distribution? But then, how would it be reported for 2005?

Straight forward question...

Husband and wife business... want to open an individual 401K plan. Were thinking of also employing a child.

Q/ If they employ the child they will have to file a 5500, not EZ, correct? (EZ instructions state "owner, spouse, partner, spouse of partner". Adding a child constitutes an "Employee other than the owner")

Q/ The child will be considered an HCE due to attribution... so testing should pass no problems, correct?

Thanks!

If a participant receives and rolls over an erroneous duplicate payment, but the plan doesn't catch it till a later tax year, does the trustee have to issue a corrected 1099-R for the past tax year? We're trying to accept refunds from a group of participants who got paid twice, but the trustee is refusing to issue corrected 1099-Rs. It claims that it can only issue 1099-Rs for an open tax year.

I'd understand that position if it had been a cash distribution and there was withholding (the correction method there is § 1341, the original distribution is set in stone, and the participant can claim a tax credit for the refund but the old 1099-R stands); but for a direct "rollback" we need to fix the old 1099-R, don't we?

Thanks!

I am testing a plan for ADP and disaggregating the union/nonunion groups. Both groups fail the ADP test. Can the employer choose to do a QNEC for the union group but do returns for the nonunion group (or vice versa) or must both groups be corrected the same way?

If an executive is given non-elective deferrals of $X per year, to be received only if he remains employed until normal retirement age, may he be allowed to elect the manner of distributions as late as Dec 31 of the year prior to his retirement, without violating 409A? This payment is intended as a golden handcuff, and will be forfeited if employment is terminated prior to retirement (except for death or if the executive is terminated by the employer without just cause).

We have a small software services corporation founded in 1992 that initiated a SARSEP in 1996. The Corporation is no longer a going concern and is being shut down.

Is the SARSEP an asset that has value to an acquiring company??

If so what?

If not, what is critical to correctly closing out the plan?

I have been using ATX for years. But now they want you to pay per return. What 5500 software are you using and how do you like it? Thank you.

I have a situation where a Plan allows catch-up contributions, has a match, and does not have language that addresses whether the catch-up is matched or not. It is my assumption that absent language that specifies that the catch-up is NOT matched, it would need to be matched. Is this accurate?

What is the due date for making matching contributions to a non-safe harbor 401(k) plan? I always thought it was the same as the profit sharing plan due date (tax return due date plus extensions) but have now received information that it is 12 months after the end of the plan year (even if plan is not a safe harbor plan). Can someone please clarify this for me. Thanks.

Former PEO situation where it covered all employers in the PEO. The PEO seperated the employers into their own plan. The company who leases the employees is the sponsor of the plan for the leased employees (about 25). There are no employer contributions made to that plan. The other plan is for the 2 hces and 2 other nhce's that are not considered "leased". The company is the sponsor for that plan as well. The plans have been in existence since 2002. They have never been tested together... (401(k) contributions only!)

It is my understanding that:

- We will have to go back to 2002 and test the plans for each plan year as if they were one plan since leased ees for retirement plan purposes are considered ees of the leasing co.

- If the test fails, we will have to take corrective measures

Here are my questions:

- What programs are available for correction? (I believe we are past the deadline for APRSC)

- How many consultant hours would one expect the "fix" would take?