- If you have started RMD on your 403b (you're above 70½)) and return to work, do you have to continue distributions?

- Can you start contributing to your plan again?

- What if you change employers? Can you stop distributions even though you are with a different employer?

- Can you open a new plan with the new employer and start contributing?

A C-corp is owned 25% by Owner A, 25% by Owner B and 50% by Owner B's IRA. The corporation now wants to convert to S-corp status. Questions:

1. Does the current ownership structure constitute a PT?

2. How does Owner B get the stock out of his IRA? Can he take a distribution, sell the stock and roll the proceeds into another IRA within 60 days?

Thanks.

A spouse rolls a QDRO distribution to another qualified plan. If the spouse takes a distribution from the current plan, can that distribution be from only the QDRO portion of her total plan assets? Does the QDRO exception to the 10% early penalty still apply? The plan allows in-service distribution of rollover assets. She has QDRO rollover, and non-QDRO rollover assets in the plan. These have been seperately accounted for as differrent sources. Can she take a distribution of just QDRO rollover money? Or should a distribution of rollover be pro-rated as part QDRO and part non-QDRO? The plan document is not much help, only says allows in-service distribution of rollover account.

My understanding is that no Credit Union could ever be a governmental 457 plan - but why? I can't specify what it is about these organizations that dictates they be non-governmental deferred comps (and if I'm wrong on this count - please tell me!) What section of the Code covers these plans? I'd like to be able to refer to it. Thanks!

We have a client with multiple S-Corps. Is it possible for him to setup an ESOP for only a couple of his S-Corps and have no ESOP for the others?

Does anyone have a form letter they send to either trustees or participants/terminees concerning the change of 401(k) providers/blackout period? If so, can you e-mail it to me?

Are there any states that do not allow 401k employee contributions to be pre-tax?

Family Attribution:

Father owns 100% of Company and his three Daughters are employed by the Company. Also, one of the daughter's spouse works for the Company and earned over $80,000 in the previous plan year and is an officer of the Company. Both children of one of the daughters works for the Company. None of the daughters made over $80,000.00 in the previous plan year nor did the children/Grandchildren. Who is highly Compensated?????

Spouse of Daughter is because of previous year compensation of greater than $80,000. Is he also considered greater than 5% owner due to marriage???

Are all the daughters considered greater than 5% owners?????

Are both children of one of the daughter's who are considered grandchildren greater than 5% owners?????

Would there be double attribution between the one daughter and her spouse???? Or double attribution between the one daughter and her children/grandchildren??????

I have a client that was unaware they needed to file a 5500 for their section 125 plan. They have not filed for several years. Should we roll the dice and just file going forward? No notices have been received as of yet.

My company failed to fund matching contributions timely, and is therefore restoring the earnings lost on the unfunded match. My question is, is this a QNEC or is it simply lost earnings, which are not considered for the purposes of annual additions and ADP/ACP testing?

Just wondering if there is any guidance on the assumptions to use in determining withdrawal liability ( i.e. interest and mortality ) ??

We have a self-insured Short Term Disability program. Currently benefit checks are cut by an outside vendor. We are considering bringing the payment procedures in-house within our payroll system. We are wondering what impact these in-house disability payments will have on 401(k). Would the disability benefits be eligible for pretax 401(k) deductions and corresponding company match contibutions?

If you have a similar STD arrangement, how do you handle 401(k) for those benefits?

Assume an IRA holder closes out his IRA account for $10,000. The check is made payable to the IRA holder. Which boxes are checked on the 1099-R?

Under IRS Notice 98-39 and 2001-9, non-electing church plans are now subject to non-discrimination testing. What employees must first be considered for purposes of the testing,i.e. same as for 401(a) plans for purposes of minimum service and hours?

Example: church plan contributes 7% of pay, but only to employees who work full time (30 or more hours per week) and who have been employed 3 years as a full time employee.

Are churches subject to a maximum waiting period of 1 year (2 years with 100% vesting) now same as for other 401(a) plans?

Is a church still exempt from having a written plan if the employer monies are contributed to a 403(B)(7) account along with the employee's TSA salary reductions?

Under a self directed account plan, does the plan administrator have to offer the alternate payee the opportunity to self direct the investment of the alternate payee's share when the intention is to pay out the share immediately. The plan received a QDRO in December, and was at the time undergoing a change over. All accounts were held in money market investments. When hold period expired the participant's account was invested per his direction. The alternate payee was never given an opportunity to direct. Payment is to be made now to the alternate payee? Is there a problem?

Just for my clarification:

I have a client (a sole-proprietor, with no employees)whose Schedule C income is $218,000. What is the maximum SEP contribution that can be made for 2000? Is it $25,500 (15% of 170,000) or $22,174 (13.0435% of 170,000)?

Thanks for any replies.

An employer has a Defined Benefit Plan and a Profit Sharing Plan. Both plans effective 1/1/97. The DB plan excludes service prior to the effective date for vesting service. The Profit Sharing includes all service. Is this allowed?? If not, I assume i would have to count all service in the DB plan.

I started a new ROTH IRA on 1-3-2000 with a $2000.00 contribution.(I have other, separate ROTH IRA's that I started in prior years with other accounts). At the end of 2000 I found that I must modify my contribution since my MAGI is over 95k - being single and all. My calculations showed that I can have a maximum contribution of $1630.00.

I understand that I have an excess contribution of 370.00. On 12-31-00 the value of the ROTH IRA that I contributed to was only worth $1137.00. It even went down a little more since then. I read a message that explained about the new calculation method to use " notice2000-39 "and if I am understanding it correctly ( question ) then my net income for the ROTH IRA in question is a loss of ($863.00)

863 = ( 2000 x (( 1137-20000 / 2000 )

can I assume that the calculated loss of $863.00 for this ROTH offsets the $370.00 that I must adjust to satisfy the excess contribution. If this is correct then how do I report this or do I even have to ? do I need to have the trustee do anything ? I can't seem to find any examples the really explain the step by step details that one must do .

thanks in advance to anyone that

can help this poor weary tax payer.

Is anyone familiar with the "dual relationship" doctrine that discourages provision of certain types of health care (e.g., psychiatric/drug counseling) between co-workers, where the caregiver and the patient are both employed by the health care organization that sponsors the [ususally self-insured] group health arrangement??

Does Federal income tax withheld on a traditional to Roth IRA conversion get subtracted from AGI in calculating MAGI? If no, what happens to this withholding on a recharacterization?