Entity A is an LLC (taxed as a partnership) owned 99% by John Smith, and maintains a SEP.  Entity X is a partnership.  One of the partners (with a 10% partnership interest) is a single member LLC (Entity B) owned 100% by John Smith.

The SEP must cover all related/controlled employers.   Since Entity B is a disregarded entity (as a single member LLC), is John Smith deemed the 10% partner of Entity X and there is no control?  Or since John Smith owns 100% of Entity B and 99% of Entity A, is this a controlled group?

John has SE earnings from Entity A, but a loss from Entity B.  If the entities are controlled (and therefore both must be covered by the SEP) I would net the earnings from both for purposes of determining any SEP contribution and 415 limits.  If the entities are not controlled, and since only Entity A adopted the SEP, I would only use SE earnings from Entity A for determining the contribution.

Which is the correct analysis?

Thanks to all for your input.

Hi

Sponsor has an existing PS plan. Now wants to add a DB plan for 2021. DB plan, by design will state that the PS plan will provide top heavy. However,

PS plan has no provisions on how the "top heavy duplications when a DB plan is maintained" checked. In general, depending on the document type, I would put in a very detailed language explaining how the top heavy will be satisfied under the PS plan.

For 2021, DB plan is on the hook for top heavy? There is no way to retroactively amend the PS plan for 2021, correct? I just cannot think of a way out of this.

Any thoughts?

Thank you

The No Surprises Act requires that health plans "post on a public website of the plan or issuer" their No Surprises Act notices.  In the employer-sponsored plan context, does that mean that an employer can satisfy this requirement by posting the notice on its internal intranet or similar site that employees can access?

Many of the commentators that I have read said that is acceptable and that makes some sense because I don't think that a participant would ordinarily think to go to the employer's general website for health plan information.  But what about non-employee participants, such as those participating in the plan through COBRA?  Would an employer who does so be complying with its notice obligation with respect to those employees?

We want to find a great M&A advisor for the TPA industry. The ideal profile is this advisor is well known in the TPA industry and has done many deals. 

Please let me know if anyone comes to mind. 

Thanks,

John

I have a participant in a 401(k) plan with life insurance who has cumulative PS58 costs.  The person is age 75 and would like to take his nontaxable PS58 cost out as an in-service distribution.  Can that be done?

The life insurance is still effective and PS58 cost is still being calculated and taxed annually.  Taxable RMD is also being taken as required.

Hi

This is theoretical question as never encountered before. Might be a silly question but I am curious.

Brand new CB plan, effective 1/1/2021. For vesting (3 year cliff), no prior service is provided.

Participant enters the plan on 1/1/2021 with pay credit of $1,000. Accrues 1,000 hours but terminates during the year. Thus 0% vested.

Accrues the pay credit and the equivalent AB is used to pass 401a26. However, at end of year, his pay credit is forfeited due to 0% vesting, thus account balance is $0 at end of year.

Does the plan sponsor need to make a deposit of $1,000 on this person's behalf? Assume minimum required contribution requirement is not an issue, whether this $1,000 is deposited or not.

Thank you,

A 401k plan terminated on 4/25/2021.  All participants were paid out by 10/15/2021.   The plan is /has been over 100 participants at time of termination due to a sale of the business.

Do we as TPA just need to request census information through 4/25/2021 since all contributions ceased then or through a later date?  like through 10/15/2021?  I think it's through 4/25/2021 but the auditor is suggesting the latter date.  Please give me opinions based on experience.  Thanks! 

In the plan document we are working with, the vesting schedule reads (in part):
 

Quote

 

1. 0% at less than 1 Year of Vesting Service

2. 0% at more than 1 but less than 2 Years of Vesting Service

3. 30%  at more than 2 but less than 3 Years of Vesting Service

4. 60% at more than 3 but less than 4 Years of Vesting Service

 

If someone has 2 years of vesting service, where do they fall on the schedule?

For (2), they have more than 1 year but not less than 2, so both conditions are not met.

For (3), they do not have more than 2 years but they do have less than 3.  Again, both conditions are not met.

(The previous document was much clearer:

0% at 1 but less than 2 [YOS]

30% at 2 but less than 3

60% at 3 but less than 4)

I cannot find a good write  up anywhere that answers tehse questions. Can someone point me in the right direction?

1) Participant dies AFTER meeting 5 year rule.  Distributions from the Plan are tax free to the beneficiary, this much I know. What happens if the beneficiary rolls the money to an inherited IRA?  Does the 5 year clock have to start over? What if the beneficiary has another Roth IRA in which they did meet the 5 year rule? Is it determined seperately?

2) Participant dies BEFORE meeting the 5 year rule.  What happens if they leave the money in the Plan until the 5 year rule is met?  Does that get them a tax free withdrawal?  Or does the participants first year of contributions become a moot point?  What if they roll their money to an inherited IRA?  Does their 5 year clock start over when they first roll the money into the inherited IRA?  Even if they waited 2 years to complete the rollover?

To me this is incredibly complex and I cannot find a comprehensive guide with these answers anywhere...

client is a single member LLC which holds a 5% interest in a retail store organized as an LLC partnership

her share of partnership income (all active) is reflected on K1 to the single member LLC

can she have her own qualified plan for her LLC income?

Thanks

There is a plan where the existing document is profit sharing only- it does NOT include 401(k) provisions. Well, last year they made deferrals, and according to them, they have W-2s showing deferrals. I believe based on there being W-2s showing deferrals, there was an intent for the plan to be amended to include deferrals, but that was not done. Can the plan be amended retroactively to reflect the way it was operated and would this also have to go through VCP?

We've recently taken over as TPA for an older 401(k) plan. It has an enhanced safe harbor match and an automatic contribution arrangement, but it is not designated as an EACA or QACA. Looking at prior administration records, it looks like they've treated it as a Safe Harbor plan for purposes of the ADP/ACP and Top Heavy testing benefits, which I can certainly see the argument for. It also looks like they've met all the criteria to be a QACA without calling it one.  So I'm looking at this and thinking, well, it walks and talks like a duck, so maybe its actually a QACA? And on the other hand, if it isn't a QACA, would it still have the ADP/ACP and Top Heavy testing benefits that the SH Match provide in a normal 401(k) situation?  I feel like the answer to the latter is yes but I can't quite pinpoint why. 

I was asked by a financial advisor of a single member client just now:

"should the plan issue a 1099-NEC to a person who did some work on the property the plan owns?" 

Thinking it through I would say yes.  I would also guess that whatever account pays the RE tax bills would be the account that issues the 1099-NEC. 

Anyone have a quick answer?  Of course the 1099 was due yesterday.

Thanks

If I have a plan and the 2 owners and only HCE employees have rollover money in the plan, do I count their rollover balances when determining how top heavy the plan is?  I would think not.

When offering a lump sum window, I understand that a sponsor is required to also offer eligible participants an immediate annuity that satisfies the QJSA rules.  However, I generally see lump sum window designs that limit the annuity options for participants who have not yet attained early retirement age to the QJSA (or QOSA), while providing the full suite of optional forms of benefits to those over early retirement age.  Is that legally required (perhaps based upon the anti-cutback rules), or simply a design choice?  Could all lump sum participants (who are not otherwise eligible for a distribution) be limited to the QJSA/QOSA?

I've been using this website to obtain covered comp data for calculating EBAR's. It doesn't seem like this has been updated yet for 2022.   IT says "updated for 2021" so I know it's not just me missing something! 

http://actuarialtools.com/

Does anyone else use this tool, and/or know when it will be updated? Or does somebody have a link to another table that they could share with me that has been updated for 2022? 

Hi, 

one of the Terminating plans has few part who were terminated 6-10 years ago and the plan is now terminating, none of these part re-joined the company/service since they still HOLD a balance I believe they should be 100% vested correct?  

Thanks 

A client is paid on a K-1.  Her line 14a SE income is 124,961.  She and I are coming up with a different result.  Here is my work:

142,500        Current year TWB    
124,961         K-1 SE Income
115,401.48    1402(a)(12) Deduction  (.9235)
    
7,747.58        FICA (6.2%) paid up to TWB
1,673.32       MED (1.45%)
9,420.90      Total SE Tax                    
    
115,540.10    K-1 SE Income - SE Tax
    
25        Desired Cont %
    
92,432.08    Adjusted Comp (115,540.10/(25%)+1)
23,108.02     Contribution (25% of Adjust Comp)
    
Calculation Check    
    
92,432.08    Adjusted Compensation
9,420.90      Total SE Taxes                           
23,108.02     Contribution                         
124,961.00    K-1 SE Income 
 

Am I good?

Did Relius provide any guidance for how the new LTPT plan specs impact administration and/or how to use those fields?