How do you count hours for a leased employee who works for 4 different employers that are not related?  One provider employer is the employer of the employees and 3 other recipient employers lease the employees.  There is a contract that states that the provider employer employs the staff and the 3 other recipient employers pay 1/4 of the employees salaries and benefits.  When determining whether the 3 recipient employers have leased employees, do you count all of the hours worked for the 4 entities (they are unrelated)?  Or are the employees credited with 1/4 of their hours for each employer?

I see that the proposed regs, that were withdrawn, somewhat addressed these questions, but since those weren't enacted, and Notice 84-11 does not address these questions, how do we handle these leased employees?

If October 13 falls on Friday the 13th, you have good luck and your deadline is extended until Monday the 16th.

Now there is a comforting thought!

Hello,

Our plan has a DB, 401(a) and multiple 457(b) plans and was originally one plan sponsor.  When the plans were first created they were all under the plan Sponsor's tax id.  Over time the DB plan moved to it's own tax id.  The 401(a) and 457(b) are still under the original plan sponsors tax ID.  The plan is now a multiple employer plan.  My first thought is that the 401(a) and 457(b) should be under the same tax id number as the DB plan.  I have also heard arguments that that should all have individual tax's ID's. 

Thoughts?  Any supporting links you could send me to?  TIA.

Kelly

There was a question that I was replying to, and it apparently disappeared, or at least I can't find it again quickly. It was asking about the definition of "dependent" and questioning whether it had changed after 2004. So here's the response I made, or tried to make,  in case anyone is interested.

The final regs did modify it. Section 1.401(k)-1(d)(3)(iii)(B) makes some modifications. Hopefully I got the reference right...but it changes the definition of dependents to ..."(as defined in section 152, and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), (b)(2) and (d)(1)(B)." That's for tuition, etc - I think the other applicable changes refer just to 152(d)(1)(B). Anyway, I'm sure you will want to look it up.

Hello. I have a participant who is 76.  She is retiring 11/30/17.   She wants to roll her money to an IRA, and then before 4/1/18, take the RMD from her IRA.  Our procedure is to process the RMD first,  and then the distribution.  Can anyone point to IRS information that says she can go ahead and roll over her money without taking the RMD and then take it from her rollover?  Her financial advisor is pushing us to do it this way.

Thanks in advance!

I haven't seen any number for some of Schedule R - Part I - Line 3 that I have reviewed.

Is there any reason why pension practitioners don't enter the number on this line 3?

Below is the excerpt from Schedule R- Form 5500 Instructions           

Part I – Distributions

Line 3. Enter the number of living or deceased participants whose benefits under the plan were distributed during the plan year in the form of a single sum distribution. For this purpose, a distribution of a participant's benefits will not fail to be a single-sum distribution merely because, after the date of the distribution, the plan makes a supplemental distribution as a result of earnings or other adjustments made after the date of the single-sum distribution. Also include any participants whose benefits were distributed in the form of a direct rollover to the trustee or custodian of a qualified plan or individual retirement account.

Is the cost of conversion from one investment platform/recordkeeper to another considered a settlor expense?  I think not, but want to confirm since it is a Trustee discretionary decision to move the plan's assets.

Hi folks,  looks like a client of mine paid all but $5 of their 2016 MRC before the 9/15/17 date.  Not sure how to proceed.  Is it worth filing the Form 5330, or can they make up the payment in the next day or so without filing?  Thanks

Plan Doc says profit sharing forfeitures are to be used to pay expenses, or reduce employer contributions. Plan Sponsor declared $0 profit sharing contribution for last year, but there remains a balance after payment of fees.

Makes me uncomfortable but can that balance remain sitting in the forfeiture account until a contribution is declared? Perhaps a contribution for that amount should be declared for 12/31 of last year equal to the forf account balance at that date? With no actual deposit occuring, would there be any affect on Plan Sponsor's non-retirement plan accounting?

Wondering if there might be a way to get a ROBS 401(k) from an existing Individual 401(k) that also has a loan attached.  TP doesn't have the cashflow to pay off the loan now, so doesn't want to risk termination of that aspect.

If anyone is familiar and drafts documents for this, please let me know thoughts and prices.

Deductions were made from my paycheck 2xmonth to repay a 401K Loan, however, my employer did not send the payments to Fidelity regularly and my loan went into default. I only found out about this because I called Fidelity today and to top it all off my employment was terminated today as well. I notified my employer and have not heard back. What is my recourse?

A participant received a lump sum distribution and the employer deducted 20% mandatory withholding. Over a year later, the administrator discovered the distribution should not have occurred. I believe the participant should repay the distribution amount, and the employer should file for a refund of the erroneously withheld amount using Form 941c and 843 (per the IRS's letter on recovery of erroneous withholding (https://www.pbgc.gov/prac/terminations/missing-participants/irs-letter-on-recovery-of-erroneous-withholding). Does this correction seem appropriate? Thanks in advance.

I hope to have an "easy answers" question, but I don't know....

Plan compensation is defined as W-2.  Exclude fringe benefits.

Auditors are picking apart the profit sharing calculation.

In the employers words "When the Profit Sharing was calculated, the Wage base included pretax deductions, Flex Spending and Health Insurance.  They(auditor)believe this is incorrect and those deductions should not be included for calculating the Profit Sharing".

With w-2 compensation per the document, I would expect the wage base plus pretax deductions, Flex spending to be included.  I have a question whether Health insurance deductions are included in compensation.

1.  I always thought Flex or Section 125 deductions were to be added to W-2 compensation.  Correct?

2.  Are Health Insurance deductions added to W-2 compensation?

Thanks

Hello.  I am working through the calculation of earned income for a sole proprietor for 2016.  He is 70.5 years old in 2016.  And the amount on his 2016 Schedule C line 31 is $13,870.  The accountant has reflected his deductible Self Employment tax on line 27 of his Form 1040 an amount that equals just Medicare tax of 1.45% and no FICA deduction.  So our calculation of his allowable contribution is different than the accountant's number. 

Can anyone tell me if there is an amount of income earned that is not subject to FICA due to age?

Small dividend check under $25 deposited into 401(k) trust instead of non-retirement account. Minor, we think, but goal is to correct.

Recommended approach - leave in plan, treat as current year contribution, and have plan sponsor write same amount into his other account from his personal checking

Plan sponsor's preference - withdraw amount and transfer directly into correct account

Just contemplating best approach.

Just getting notice that my IRA Custodian (large discount online brokerage firm) put my 2015 IRA contribution in the wrong account.  The check was accompanied by a full size 81/2 x 11 IRA Deposit Form with Traditional IRA and the year marked on the deposit slip and the check.  Still waiting for them to provide copies of check and deposit form, but they said I had the wrong account number on the check, (having trouble locating the deposit slip) so it was deposited in my minor daughter's account (UGMA) which is a regular stock account and not an IRA account.  As a result it is costing me almost $3,000.00 in taxes, interest and penalties to the IRS.  Do you think they were negligent in not depositing it to an IRA account and should have contacted me?  If so, would it be appropriate to file a claim with the FINRA (Cost of $175.00) or is this regulatory agency just for securities fraud?

I'm uncertain of how to complete Lines 7a-7c in Part III of the 5500-EZ.  For End of Year Total Plan Assets (7a column 2) for a calendar year plan, should the value on the participant's 12/31 account statement be used?  Or should any contributions made throughout the calendar year be subtracted from the 12/31 statement value? 

The instructions state to not include contributions designated for the plan year but those could be part of the 12/31 value if contributions were made during the calendar year. 

If contributions are made after 12/31 but before the tax filing deadline, should those be excluded from 7a-7c and just stated on 8a-8c? 

I know the 5500-EZ is supposed to really simple but how to arrive at the values for 7a-7c are confusing to me for contributions made during the calendar year and after the calendar year since the 12/31 statement is how I could arrive at the end of year value but contributions account for some of that value but the instructions mention not including contributions.

Wondering how we might address an over contribution to a SEP IRA if it has since closed and the funds transferred into a 401(k).

2016 tax year, looks like about $2K over the limit was added to the SEP, but a withdrawal doesn't seem possible since the account has since transferred into an Individual 401(k)

Any ideas on how to resolve this?

An accountant called me, has a calendar year 2016 C-corp client with a DB plan.  Because C-corps 1120 deadline now extends to 10/15, client just funded the 2016 DB contribution this week, after 9/15.

So there will be a 10% excise tax on the minimum required contribution, but because the 2016 contribution was made within the filing time for the 1120 including extensions, do they still get the DB plan deduction for 2016?

IRC 404(a)(6) hasn't changed, still says "a taxpayer shall be deemed to have made a payment on the last day of the preceding taxable year if the payment is on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof)."