I know it's not too late to contribute to an IRA, but is it too late to convert a Traditional IRA to a Roth IRA for the 2003 tax year? When is the deadline?

Thanks.

We're at the last minute trying to get ready for April 14th. If anyone knows of good site to get good forms and step by step guideline to make sure you have everything completed. Also, I'm looking for a HIPAA program.. like the HIPAA ANSWERS. I need to compare content & price. Any help would be appreciated.

A sponsor offers a 401(k) plan with matching provisions. The match has a last day and 1000 hours allocation requirement. The plan fails the ratio percentage test and the average benefit test. I am trying to amend the plan to pass coverage. The participants I will include in my amendment need to receive a "substantial benefit" from the plan in order to be counted. Out of all the employees who were excluded due to the last day or hour requirement, only 3 deferred. I need to bring in 9 to pass coverage. Do I have to contribute a QNEC for them? What are my options?

Not for profit employer maintains an ERISA 403(b) plan, and a 401(a) plan (money purchase).

Terminating employee wants to roll 401(a) money over to the 403(b) plan. There is no group annuity, just individual annuities/custodial accounts, on the 403(b) side.

401(a) plan permits rollovers TO a 403(b) plan; 403(b) plan does not currently permit rollovers FROM any source other than a 403(b) plan or account.

Can post-term rollover from 401(a) to 403(b) happen (presuming 403(b) is amended to allow it)?

Our retirement committee is considering changing our benefit formula for our DB plan. My department has been asked to look into what other DB plan sponsors are using as a target replacement rate, whether it takes into consideration Social Security benefits or just the DB benefit itself. Any ideas on where I can find this kind of information or would anyone be willing to give me a replacement rate that their plan uses?

Thank You!

It is my understanding that LI proceeds used to fund a NQ plan are exempt from income tax when paid to the employer and the proceeds are taxed as wages when paid to the beneficiary under the terms of the plan. Is there any way to avoid taxation, e.g. can the proceeds be paid to the employee's beneficiary or paid to an irrevocable life ins. trust for the employees beneficaries if the employer owns the contract?

Our retirement committee is considering changing the benefit formula for our DB plan due to our recent "large" minimum required contribution. This, paired with an acquisition 1 1/2 years ago that has not yielded the desired results has caused our committee to consider reducing the benefit amount. My department has been asked to find out what other plan sponsors are using as a target replacement rate in order to determine if reducing our current benefit formula is in the company's best interest.

Anyone willing to share that information? I appreciate your responses!

The recently enacted Service Member's Civil Relief Act of 2003 updates the old Soldiers and Sailors Cvil Relief Act. The provision stating that loan interest cannot exceed 6% is contingent on the service member providing notice to the creditor. In the context of a 401(k) plan, must the notice be given to the plan or is it sufficient if it is provided only to the employer?

I have a Safe Harbor 401(k) with match provision. The Plan also has rollover dollars for Key EEs from a prior SIMPLE-IRA arrangement. I realize that SIMPLE-IRA dollars are not included for Top Heavy purposes, but does the fact that the Plan has rollover dollars preclude it from the exemption provided under IRC 416(g)(4)(H)?

May an Employer exclude commissions from his Plan's definition of compensation?

My problem is that an Employer has six employees, all six receive only commission income, as w-2 income Are all six of the employees excluded from the plan?

Does anyone have a good source for information on the steps/implications of converting from a Subchapter S corp to a C corp?

I am exploring options for avoiding the impact of IRC sec. 409(p) on an S corp ESOP.

Can anyone provide a good source for laying out the steps and implications regarding converting an ESOP to a different type of plan (e.g. profit sharing plan)?

Is 415 compensation the 415 compensation earned for the *whole year,* or is it reduced to the *eligibility period comp.*

In other words, if you have a plan where participants enter on 7/1, and you calculation their contribution based on compensation earned during the second half of the year, is a participant's *415* compensation also just the compensation earned during the second half of the year . . .

Here is a site for all of you who like to track legislation, especially if you can't remember or don't know the bill #.

http://www.senate.gov/pagelayout/legislati...eg_page.htm#top

A calendar year DB plan, owner, his wife and one participant covered by PBGC thru 2003. The one participant termed and was paid out in 2003. If the owner decides to terminate plan in early 2004, is he still considered covered by PBGC and must he file plan term with PBGC??? Thanks.

My question involves a possibility of age discrimination from cashing out a defined benefit pension for employees. IBM has a suit in progress which last I heard is under appeal. It is especially of interest to me as I worked for a competitor of IBM, and like IBM they cashed out my pension in 1995. At that time I was over 40 yrs old. The short of it is that the amount they cashed me out at I suspect is far lower than the value that I should have received, if I was left in the traditional plan. I was RIF'd in 2001, and I rolled over my cashed out pension to an IRA later that same year. The other factor is that I signed papers in return for a generous severance package, which releases the company for any claims that I might have against them.

If IBM loses in its appeal I believe it may have an impact on me. My questions: could I have a case against the successor to the company that released me? Should I try to organize others in my situation? Any advise?

Mo

Hi ~

I am interested in starting some Roth IRA's for my children, ages 14 and 12. I have some very basic questions that I hope you don't find too simple. I am a product of a divorce where the husband handled all of the financial "stuff" and now here I am playing information catch up at age 38. Some of us are slower learners in life than others ;-)

What is the maximum amount that they can put in a Roth IRA?

Do they have to show proof of income? (they earned money via chores, yardwork, etc. on a cash basis)

Are there any other pieces of information that I should be aware of when starting a Roth IRA for them?

Will their Roth IRA be tied to my income, etc. in any way? If so, what are the limitations/guidelines?

Do they have until April 15th to start a Roth IRA for last year (2003)?

Thank you so much for any and all guidance that you may be able to provide.

Warm Regards,

Vanessa

About 100 days ago, by mistake, I transferred Roth IRA funds into a SEP IRA account. My Roth account was

a conversion (paid tax over four years) from 1998. Is it possible to reverse this error? Will I have to pay taxes

and/or penaty? The current holder (Trustee?) of the Roth money that now sits in the SEP account, wants me to

complete an "IRA Removal of Excess" form to get the Roth money out of the SEP account. Now what happens?

In 1998 I converted $4000 from a traditional IRA to a Roth IRA. I split the amount over the next four years as income on my tax statements, but never contributed to the Roth.

In 2003, after 5 years, I closed the Roth IRA and received $3500 in distributions (loss of $500). The information in Pub 590 and other sources doens't make it clear to me if:

1) The $3500 is taxable (I don't see why it should be, wasn't that the point of splitting the amount to four chunks of $1000 each for 1998 through 2001?)

2) If the 10% penalty must be applied, and if so, in which tax form?

Thanks

Miguel

Hi All,

I received a 2003 Form 1099-R from a former employer of mine reporting federal withholding on a loan I had taken back in 2000. Here's the history:

I took a loan and hardship from the plan while I was still employed (of course), and I left the company shortly thereafter. They issued me a 1099-R for 2000 reporting the hardship and loan (with distribution code 1L) without federal withholding (because none was withheld at my request). When I took the loan and hardship I left a very small balance of about $200.00 remaining in my account. I never received a statement, but I was able to access my account online. In 2003, I noticed my very small balance was gone. I contacted an employee at the company and they notified me that the balance was submitted to the IRS as withholding on the loan I had taken in 2000. I thought that was fine I will just get that money back when I file my taxes, but I just received the 1099-R for 2003 with the gross distribution and taxable amount of $1,421.57 (the amount of the loan I had taken) and federal income tax withheld of $175.14.

Now, I already paid the penalty and taxes on the loan (and hardship) back in 2000 and this 2003 1099-R I got looks to me like I'm going to pay the penalty on the loan again.

I guess my first question is: can they just take my money and deposit as withholding on a loan I took 3 years ago (I can understand that they would deposit it as withholding because they couldn't locate me since I've moved 2 times since I've worked there)? And my second question is: shouldn't the gross distribution and taxable amount be zero, since there was no distribution taken in 2003? If so, do I just need to notifiy my former employer in writing and ask them to correct the 1099-R?

I'm sorry this is so wordy, but I felt you needed the entire story to get the full picture. Any help would be very appreciated.