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    Non traditional investments in pension plans

    Guest MitchG10
    By Guest MitchG10,

    Non traditional investments for pension plans

    What creative strategies are there for putting current assets into my IRA?

    Has anyone been hired as a contractor by his IRA? Is there anything special needing to be done?

    If buying and selling real estate within an IRA, significant profits can be garnered quickly. What triggers an IRS audit of a IRA?

    If you have had your pension plan invest in non traditional investments, such as real estate, mortgages, mobile home paper,tax leins, etc., could you express the pitfalls?

    Which pension plan custodians administer non traditional investments, brainstorm strategies and help raise funds for their business minded pension plan clients from their other more passive minded pension plan cleints?

    Where can I get good info regarding the Unrelated Business Tax issue?


    From 5300 - Demo 9

    Guest slt
    By Guest slt,

    The Demo 9 Instructions are asking me to provide the 415©(3) definition of compensation used in determining total compensation (for purposes of computing the individual ratios). The actuary is telling me that they used the W-2 definition BUT DID NOT INCLUDE DEFERRALS OR ELECTIVE CONTRIBUTIONS.

    I know the 415 regulations intimate that your definition can exclude these contributions but aren't these regulations outdated and didn't GUST amend 415©(3) to specifically add these back in? And, wouldn't this apply to the TOTAL COMPENSATION determination under Demo 9? Does this mean, then, that the question of whether you have added deferrals into the definition of total compensation is a trick question on the Demo 9 and that stating NO would be cause for a bounce-back from the IRS?

    I appreciate any response! Thanks.


    Dependent Care for a 26 Yr. Old with Downs Syndrome

    Guest javery
    By Guest javery,

    Would Day Care services be reimbursable for a 26 Yr. old with Downs Syndrome? If he gets sick during the year the parents put him in a special needs daycare in order to work would this be a reimbursable expense?


    Daily Val software search

    AndrewZ
    By AndrewZ,

    I'm searching for daily val software, and would greatly appreciate any input/advice from anyone who has experience with the software vendors and NSCC clearing agents.

    I'm currently looking at ASC, InvestLink, and Trustmark. I don't know of any others, except Quantech. We do complex nondiscrimination testing, and I know InvestLink & Trustmark are weak in this.

    Thanks.


    FMLA and Holidays

    Guest terry10
    By Guest terry10,

    When counting the 12 "workweeks" for FMLA, are you allowed to count holidays as FMLA days? For instance, if you have 2 holidays paid at Thanksgiving, do those 2 days count against the 12 workweeks?


    457 plan termination distribution

    Guest rfp
    By Guest rfp,

    I know the Code does not permit distributions upon termination of a 457 plan. I have two questions relating to this point.

    Has the IRS ever commented on this issue?

    What happens if distributions are made anyway (is it just that the distributions are taxable and can't be transferred or rolled over into another plan or is there more)?


    Does the vender contract trump the 125 plan document?

    Guest Looser
    By Guest Looser,

    I work for a PEO that has a single employer 125 plan on a calendar year. The vast majority of our clients participate in our self-funded health plan; however, some of our clients maintain their own fully funded health insurance thru BCBS, HAP, etc. which we administer. Whether the client offers our self-funded or a fully insured product, all of our clients are offered the same dental & vision etc. thru the 125.

    Problem: our OE is right now, as the plan year starts 1/1. Some of our clients with fully insured products have a mid-year renewal date and, per the contract with the vender, must have OE date that is mid-year. What do I do with these people for OE? Do they have an OE for everything BUT health? Do they have OE for everything (dental, vision etc.) when they have OE per the vendor contract? Do I need one 125 plan for most of our clients and separate 125’s for those clients with off-year renewals? I’m totally baffled. Please help!


    Bad Boy Clauses

    Guest erisafried
    By Guest erisafried,

    A while back, there was a thread that discussed the limited circumstances in which a plan could enforce a bad boy clause. The IRS pronouncement on the topic--Rev. Rul. 85-31--basically says that, if the plan has a more favorable vesting schedule than the statutory minimum, it can enforce a bad boy clause to reduce the wrongdoing participant's vesting to whatever it would have been under the statutory minimum schedule. The ruling addresses one of the old graded vesting schedules.

    The prior thread suggested that the ruling specifically precluded a plan with a graded vesting schedule from switching to a cliff schedule under the bad boy clause. I could find no such statement in the ruling and I was wondering if anyone can shed any light on this.

    It would make a difference if a plan had a 7 year graded schedule that was more favorable than the 3-7 year schedule in the Code. If you have someone with less than 5 years of service, if you have to stick to the graded mininum schedule, you can only forfeit, say, 40% of the benefit but if you can switch over to the the cliff schedule, you can zero them out (at least prior to when the EGTRRA 3 year cliff rule kicks in).

    Any thoughts on this?


    MP Merged in PS Plan

    pbarrett
    By pbarrett,

    We have several 12/31 paired mp & ps plans that our clients would like to merge into one plan. Assuming the joint life and vesting subjects are not an issue and we complete the merger paperwork correctly by 12/31/01, how and when do the funds need to be combined? I am assuming we can update the mp with the gatt provisions and merge into the ps by 12/31/01 and we'll be ok there on paper, but what about the assets. Most of our mp clients don't contribute until the last minute, which will be in Sept 2002. Should the funds be combined on 12/31/01 and then when the contribution receivable arrives simply allocate it to the appropriate participants-- or should we combine only on paper and move the assets in 2002 after the contribution posts to the mp? Bottom line, does the mp money need to zero out of the trust by 12/31/01 to avoid restating the entire plan?

    Any feedback or suggestions would be appreciated!


    70 1/2 Minimum Required Distribution

    Guest dmband1
    By Guest dmband1,

    If a participant is 73 and received a minimum distribution in 1998

    but did not take one for 1999 or 2000, how do I correct this? Should it be factored into the 2001 calculation?:confused:


    contribution 7 filing deadlines

    Guest mich823
    By Guest mich823,

    DOES THE 6 MONTH EXTENSION FOR SPONSORS OF PLANS IN NEW YORK CITY

    APPLY TO BOTH THE DEPOSITING OF CONTRIBUTIONS AND THE FILING OF

    THE 5500 FORMS?


    After-Tax Distributions

    Guest LVelleman
    By Guest LVelleman,

    Although a person would not have to pay income tax, would someone under 59 1/2 still have to pay the 10% early withdrawal penalty on after-tax distributions?

    Thanks!


    Account Activity with Ins. Premium

    Guest AdminFL
    By Guest AdminFL,

    Does anyone have an Account Activity Report with an Insurance Premium column?


    Mistake made in amount paid out to terminated participant

    Guest Suzanne Bernhardt
    By Guest Suzanne Bernhardt,

    What should be done when a plan administrator (TPA) makes a mistake in the trust accounting, and therefore allocates way too much to the participants (pooled account), then pays out a couple of them. Later it is found that the terminated participants were paid out too much money. We are talking about $13,000 to $15,000 too much. Any advise out there?


    roth ira recharacterization and reconversion

    Guest kevking
    By Guest kevking,

    i just read that if i roll money into a roth and later unconvert in the same year to lower the tax bill, i can't reconvert until the following calendar year. is that so?


    GATT Rate

    Guest cheral
    By Guest cheral,

    Does the Gatt rate change again in January 2002 and if so how far in advance will it be announced. I am trying to decide whether to retire now or wait incase the rate goes down.


    Big Oops

    Christine Roberts
    By Christine Roberts,

    Sole practitioner sponsors Keogh/PSP for himself and spouse.

    Due to financial problems, takes a loan of 100% of plan assets in 1997, to use for living expenses.

    Does not file 5500 EZ for 1997 or subsequent.

    Now has letter from IRS requesting filings from 1997 on.

    Cannot restore 100% of plan assets but could probably restore 50% of borrowed assets.

    Is there a voluntary disclosure program that offers a way to ameliorate or possibly resolve this situation?


    money purchase plan (401k) for foreigner

    Guest pinocchio
    By Guest pinocchio,

    I am a non-resident alien and working in US with H1B visa.

    However, I am treated as resident for tax purpose.

    My question is what is going to happen for me after I decide to withdraw from the plan and go back to my courtry, Taiwan?

    I know that if I do so there will be a 10% penalty withdraw before age 59.5.

    The question is beyond that point. I would like to know what are the different ways I can do after I withdraw the money?

    Can I just roll it over to Taiwan's pension plan? How's this work and where can I find the rule about this situation?

    Or any other alternative way instead of rollover?

    What's gonna happen?

    Please help me

    Any reference will be good.

    Thank you VERY MUCH

    :confused:


    money purchase plan (401k) for foreigner

    Guest pinocchio
    By Guest pinocchio,

    I am a non-resident alien and working in US with H1B visa.

    However, I am treated as resident for tax purpose.

    My question is what is going to happen for me after I decide to withdraw from the plan and go back to my courtry, Taiwan?

    I know that if I do so there will be a 10% penalty withdraw before age 59.5.

    The question is beyond that point. I would like to know what are the different ways I can do after I withdraw the money?

    Can I just roll it over to Taiwan's pension plan? How's this work and where can I find the rule about this situation?

    Or any other alternative way instead of rollover?

    What's gonna happen?

    Please help me

    Any reference will be good.

    Thank you VERY MUCH :confused:


    401k safe harbor w/nonsafe harbor discretionary contribution

    Guest bogart126
    By Guest bogart126,

    I have a 401k safe harbor plan that is satisfying the safe harbor using the mathcing formula. they want to add a new comparability discretionary allocation to the plan. can a safe harbor plan have a non-safe harbor discretionary allocation?


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