For purposes of determining the 415 limit for a self-employed person under the commonly controlled business rules, are net losses arising from active partnership SE losses netted against net income from such partnerships?

Example: Net loss - Ptrship A ($60,000)

Net Inc. - Ptrship B $100,000

For 415 purposes applied to the Ptrship B plan contribution, is this individual's compensation $100k or $40K?

See Private Letter Rulings 9850011 (September 10, 1998), 9717018 (January 22, 1997), 9603011 (October 18, 1995), 9242012 (July 20, 1992), 9231062 (May 7, 1992), 9109060 (December 6, 1990), and 9034048 (May 29, 1990).

Tax Analysts states that an IRS Field Service Advice Memorandum has been released on this, but I haven't seen it.

As to taxation, Treasury Regulation 1.61-21(B)(1) and (2) states that the fair market value of the fringe benefit, less the amount the employee pays for it and also less any amount excludable by the Code from gross income, is the taxable amount. What is not clear is whether the fringe benefit for this purpose is the coverage of all persons covered by the employee's policy or just the coverage of the domestic partner. The above IRS rulings are not clear, but seem to suggest that the fringe benefit is just the coverage of the domestic partner. This is consistent with the following example in Brazelton & Kaenzig, "Taxablility of Employer-Provided Benefits to Domestic Partners Depends on Domicile," 5 J. Tax. Employee Benefits 66, 67 (July/August 1997):

"Example. Ron and Steve are domestic partners. Ron's employer extends employee benefits to domestic partners at their marginal cost. Steve purchases a health insurance plan through Ron's employer for $120 per month, whereas he would pay $330 on the open market. Ron will have gross income of $210 ($330 FMV less $120 cost) each month attributable to the savings on the health insurance."

When I open an account with Mutual Fund A this year and then open an account with B next year, do these two accounts have different clocks? Meaning, with a qualified withdrawal, I can only get no penalty after five years for the first account and after six years for the second one (since I'm opening it next year)?

I hope that my question is clear. I can't seem to find a clearer way of asking it.

Thanks in advance.

sole prop. had a sep-ira(not irs model)which incorporated in year 1998.The corp. established a money purchase & profit sharing plan using the corp's EIN #. Can the sole owner & employee contribute to the corp's plan using both the w-2 wages & sched c income as "earned income". Is any amend. required? Furthermore, can the contribution of sched c be made by the due date of personal return?

Thanks, SLuskin. Your advice seems like a reasonable approach.

Some states tax Roth distributions. Is there a website or other resource which lists the states which currently tax such distributions? Does it make a difference where you opened the IRA (i.e. in one state which doesn't tax) or only where you reside when you ultimately withdraw the money (i.e. say if you retire in another state which would tax it).

I read that there are annual administration fees for the Roth IRA. Is there a ballpark range for these? Do the fees vary based on the type provider you choose (i.e. bank et al)?

I would like to open a Roth IRA looked at a large bank's website and on its Roth page in bold it had three notices:

NOT FDIC INSURED

NOT BANK GUARANTEED

MAY LOSE VALUE

I was quite surprised. It sounds as if there are no basic guarantees or safeguards. And how could a Roth IRA lose value?

I have the following ROTH questions (pardon me if some (or all) of them are pretty basic):

1. First, I want to verify if my wife and I can open a joint ROTH IRA account. It doesn't look like we can but I thought I'd ask anyway.

2. As I understand, I can open different ROTH IRA accounts with different companies (don't know the exact term), e.g. mutual fund families, as long as the total contribution does not exceed whatever limit is applicable to me. Right? If I open an account with one company, am I tied to them forever? Or is there some way I can "roll over" my money into another account that is not with the same company?

3. There is an upper limit to the contribution. Is there a lower limit? Once I open an account, must I contribute to that account yearly? Do I have the freedom to change the percentages of my contributions? e.g. this year, 50% to account A, 50% to account B, and then next year, only 25% for A and 75% for B.

Well, I guess that's about it for now. I hope that someone can take time out to answer my queries.

Thanks in advance.

What benefits advice are you giving your employees regarding the millennium bug?

Is anyone familiar with the procedures and options when a plan's group annuity provider is reorganized and "demutualized," with a resulting distribution to the plan of shares of stock in the reorganized entity (or cash equivalent)? Standard Insurance Company is currently going through this process.

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Employee participates in Health Spending Account. Employee currently on unpaid FMLA. Employee

pays (what would be her pretax withholding) with a physical check to keep up with her bi-wkly withholdings while out on FMLA. Are there any consequences in accepting her checks while she is out on leave. These checks are to replace what would be the pre-tax withholding. I would appreciate any comments or suggestions. Yvette

I am thinking of proposing the addition of a floating holiday. We are a manufacturer and I think it would be easier to get approved since there would be no "shut down" of operations. What types of problems have you encountered with floating holidays? Do you put restrictions on when the days can be taken? Do you allow pay out if none is taken? What other options are there?

Thanks for your input.

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This question is a top heavy question, but involves a super integrated plan. I have a Doctor group with one of the doctors not being a key employee. He is receiving more than a 3% contribution. Is he entitled to an additional 3% top heavy contribution?

We are a 200 + employee manufacturing firm looking to revise our absenteeism (sick days, vacation, holidays, etc.) policies. Any suggestions as far as Personal Time Off policies or sick time policies?

We are a 200+ employee manufacturing firm looking to implement HR vantage software in the near future. Any advice on forms or policies that would be adaptable to the software?

Unrelated rollovers are not included in the account balance for Top Heavy determination. However, should the earnings on the unrealted rollover that accrue in the receiving plan be included in the account balance for top heavy? For example, the unrelated rollover amount of 5,000.00 is deposited to the plan. The unrelated rollover earns $500.00 in the receiving plan. Should the $500.00 be included in the account balance for top heavy calculations? Any code sections that you know of would help. Thanks!

Is an Employer obligated to notify an Employee of conversion rights in the event he is terminated and the employer sponsors a group life insurance plan? Would this be covered by COBRA or by the terms of the contract? In other words, Is there a legal obligation to notify and permit a terminated employee to continue his life insurance... Please help

As of 4/1/99, enrolled actuaries must use their new EA numbers on any Schedule B they sign, but cannot use such number until they receive official notification from the Joint Board that their enrollment has been renewed.

I haven't received my new number yet and as far as I know, no other EA has received their number either.

Has anyone received their number or know of any extension on using the old numbers?

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A university allows its employees to accumulate up to 800 hours of sick time. At retirement the employees are paid the accumunlated sick time in cash and are taxed on this payment. Is there any way that the employees/retirees can use this accumulated sick time to pay for post retirement health insurance or pay eligible medical expenses without incurring a tax liability? My research indicates that this cannot be done through a cafeteria plan. Are There any other tax deferred vehicles that can be used to avoid immediate taxation of the accumulated sick time?

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