We have a QACA plan for a controlled group. One of the participating employers would like to spin off into a different plan in the middle of the plan year. The controlled group status is not changing. They have assured us that the new plan will have identical provisions. (Although I'm skeptical that they won't add something.) The receiving plan is part of a MEP.

Notice 2016-16,  III D 2 is very clear that you can't do a mid-year amendment that reduces the number or group of eligible employees. Our plan would obviously be reducing the group of eligible employees. However, because those employees are continuing to be eligible in a plan sponsored by the same employer with identical provisions, a co-worker believes it would be OK to do. Is that correct?

Regardless of timing, we plan to write the amendment to transfer the balances of the impacted employees to the new plan at the time of the spin off. Going forward, if they have employees who move between companies, I don't believe those employees will have a distributable event in the plan they are leaving. Is there a way to write something into the spin-off amendment to allow the balances to move between plans for transferring employees?

Do we have a benefits rights and features issue due to different investment line ups?

I should know the answer to this, but an accountant just approached me with a client who started a 401K in 2007, hired her sister as a PT employee (yes, under 1,000 hours) and ADP told her she did not need 5500s as the employee was excludable??

Obviously, if the employee is excludable, no 5500s until investment value greater than $250,000.

I believe excludables must be counted.

First time to deal with this, so any help would be great. I've found and read  IRS Memo 201413006 that speaks to this, but it doesn't speak to the case where the employee has terminated employment in the prior year.  

Debit card was charged in plan year 2017 for $159.26.  Participant terminated employment 7/14/17 and received her 2017 W-2 at the beginning of 2018.   Third party FSA admin just notified us  at the end of the claim period and has stated that  they have sent notices and contacted the individual 3 times and suspended the debit card as required by the Memo above.  

But it looks like there were no other claims to offset and there are no future wages in 2018 to offset.   So the $159.26 would become income in 2018, right?  And the employer would just have to eat the both sides (employee and employer) of the (albeit small) FICA/FUTA amounts?  and the former employee would receive a W-2 from the employer for 2018?

Any one have to deal with this in the past that can tell me whether i am going down the correct path or not?

Thanks!

Is the federal tax withholding of 20% mandatory from a 401-k distribution less than $1,000?

Plan has 21 & 12 for PS & SH Match but 3 months for 401k

If the owner gets Profit Sharing does that eliminate the SH/TH exemption for the OE componant plan?

(So the OE employees will need to get TH min is SH is less than 3% of pay)

Thank you

If your DB plan fails 415, is there anyway to correct that failure in a DC plan sponsored by the same sponsored?

Situation is this....

An employee who is a participant in the plan (SH Match 401(k) ) simply doesn't want to play anymore.  He wants to take his money and invest it somewhere else... away from the plan.  There is not a distributable event... not 59-1/2...  not disabled... nothing.   The employee is out of luck... correct?   Money has to stay put.

a 59 year old woman currently has a traditional IRA and is interested in converting to one ROTH or a few ROTHS.  Due to her age, would this be advisable?  If so, would multiple ROTHS be necessary?

I have a situation where a client recently deceased & has her estate as beneficiary of her IRA.

Her will created a trust for estate assets. Since the trust is the beneficiary of the estate which will receive the IRA funds, can the beneficiaries of the trust be considered as designated beneficiaries for IRA RMD purposes?

To satisfy the requirement to post 5500 information to the plan sponsor intranet, does that require the actual Form 5500 AND the SAR to be posted, just the 5500, or just the SAR?

Thanks very much.

Can a 1 participant plan (or just the Trust) continue after the death of the sole participant?

I have a 401(k) safe harbor (3%NE) cross-tested plan with immediate entry dates on DOH for all contribution types. The only service requirement is age 21. There is no EOY requirement or service requirement for the PS contribution and each person is in their own classification group. This plan is Top-Heavy. If you have a new hire (NHCE) during the plan year, can you exclude them based on the otherwise excludable employee rule - meaning the NHCE would not need to receive the minimum gateway contribution with less than a year of service?

Calendar Year plan terminating mid-year in 2018. Plan Sponsor is hoping to have all participants paid out before 12/31/2018, to avoid a 2019 5500 filing. However, the Plan has failed the ADP Test for the 2018 Plan Year (from 01/01/2018 to date of termination - business sold).

Is it possible to calculate corrective distributions mid-year to avoid the 2019 5500 filing? If so, do I just use the gain/loss to a current date?

Even when the ALE offered affordable coverage some full-time employees were able to get PTC/CSR subsidies and it's causing the IRS to propose the 4980H(b) ESRP against the ALE.

So I'm curious if we "prove" to IRS that our employee was not entitled to any subsidy because we offered affordable coverage will the IRS go back against the employee to recoup the subsidies?

If so the employer may decide to not fight the "b" penalty to avoid antagonizing the employee.

Failure began in 2014 and goes all the way through today. Question: Can use the 25% correction option for the most recent years?  Or because the failure goes back so far, do I have to use the 50% to correct for the whole enchilada?

I don't know why COBRA is suddenly popping up all the time....

If an employer (A) has a new employee coming from another employer (B) who offered COBRA, can the new employee us the FSA from (A) to pay for the COBRA payments?

wow, the IRS sure has planned on changing this form!

one basic form, and then you attach a few other schedules if needed.

e.g  Schedule 4 if you have self employment tax

this sample form (and schedule 1-6 can be found here)

https://apps.irs.gov/app/picklist/list/draftTaxForms.html

(I attached the basic form and schedules 1 and 4 below)

schedule 4.pdf

schedule 1.pdf

f1040--dft.pdf

Should late matching contributions be adjusted for earnings?  Are matching contributions "late" if they are deposited within the time period specific in the plan document, but later than the employer's established practice?

An administrative error resulted in a failure to make matching contributions on a bonus payment at the end of February. Error was discovered in May and matching contributions were calculated and deposited in participants' accounts at that time. Plan document states that matching contributions shall be paid to the Trustee no later than the Form 5500 filing due date. The practice has been to make matching contributions each pay period at the same time as employee contributions. The plan provides for a match true-up at the end of the year.

Should the matching contributions deposited in May have been adjusted for earnings from the date they would have been deposited if the error had not occurred?

So company XYZ is slowing going through bankruptcy / asset sales while ramping down their operations. 

The last employee enrolled in the health plan was laid off. There's still about 4 people there, and the doors / wind down might be another 4 to 6 months. 

Is the company required to offer cobra to the last participant? No one else took cobra. 

Since the plan has no participants... Its done, right? There's no health plan for the last employee to enroll into. So why even send out the cobra letter. If he accepts... He has no plan to enroll into. 

Can you check both the 'trust' and 'general assets' boxes on line 9? A Health and Welfare plan with a trust (VEBA) pays for some expenses out of the trust, but pays others out of general company assets. Would you check both?

TIA