We have just learned the client was under the ADP Total Source admin and 5500s and have subsequently adopted our VS plan as an amended plan with the original effective date.

The ADP plan was effective 8/1/2008 but under the ADP Total Source as Employer/Plan Sponsor as well as the Plan Name.  ADP files one 5500 for all its clients and attaches a listing the name and EIN of each adopting employer and its EIN.

Obviously, DOL has no record of our client's ever filing a 5500 under their own Sponsor Name.  We took over the plan in 2016.

To DOL, wouldn't  this be considered the "initial return"? With $0 at beginning of year, the converted value of the investments as a "transfer"?

Would the effective date be the original, 8/1/2008 or 1/1/2016?

So, employer apparently operated a SIMPLE-IRA plan without ever completing and signing a document! Quite a trick. Anyway, when submitting for correction with a 14568, Schedule D, they ask for a copy of the current document. Since this isn't possible, obviously, I presume you would just include this in the narrative that there isn't an existing document.

Anyone ever done one of these, and had the IRS request anything additional?

Thanks,

Partnership on extension, partners can make the $18K by the due date of the partnership return.

Can he make two (2) $18K contributions, one for 2016 and the other for 2017.

Suppose, and it is very likely, the payroll company does not stop the dedutions at $18K, can any overage be considered for the calendar year actually paid?

Client is a PC with 2 dentists and 8 employees.

There are two investment accounts, both are pooled and are being allocated on the "balance forward" method.

Somehow, there are two plans, two sets of 5500s, both plans identical in form

We just took over the plan(s) for 2016 and advised the two plans should be merged

We had the client adopt a merger and transfer agreement in essence transferring the one "plan" into the other; but since the accounts are commingled, it would appear as there is no need to go beyond this step?

Does this necessitate preparation of 1099Rs ?

I divorced 20+ years ago and we had a QDRO filed for my no ex-husbands retirement.  He cannot retire until he is 62.  However with my job, I am eligible to retire at 55.  In our original QDRO, it states that I can only receive funds if my EX, retires, dies, or quits his job.  What I want to know is:  Can I request that the QDRO be amended, so that I can roll it over into my own CALPERS retirement?  It has now sat in an account for 20 years and continues to sit there drawing NO INTEREST at all.  Please let me know if anyone has challenged this issue and won, how did you do it?  Any and all input would be greatly appreciated.

It is working great for me on my laptop but the mobile version isn't pulling up the message boards.  Everything else seems to be working on the mobile version (for me at least)

I like the new look 

It took me a little bit to figure out how to delete the Grinch picture I was using.

I did have to log on, fortunately I had 'remember me' for the password so I didn't have to enter that.

Unable to do enter anything under the forum "How to use the message Boards", it treats me like I am logged out and it doesn't remember my password.

Happy New Year, and thanks for the wealth of knowledge and experience you all bring to these great message boards.

Multiple Doctors in affiliated service group arrangement, each with their own plan, filing 5500-EZ's. Doctors are tested with staff plan

New doctor starts up her own plan. Is there a reason she needs to file 5500-EZ as long as her balance is under $250,000?

Are funds representing cash to be invested (not yet in a money market fund)reported as an asset to 'non-interest bearing cash' (line 1.a.a./1.a.b.) and

to transfers in (line 2.l.1.b) as activity occurring during the reporting period?

If distributions are subject to NRA and/or FATCA withholding, do we add these amounts to distributions as we would for other withheld amounts and report on line 2.e.1.a?

It has been stated many times that employer matching formulas must cap the match at the annual compensation limit ($265,000 for 2016). However, I cannot find any guidance as to whether a formula for a discretionary employer profit sharing contribution can consider compensation in excess of that limit.

Our plan documents do not address this issue either way.

I apologize if this question has been asked and answered previously, but I could not find it in my search. Thanks for any help that you can provide!

The administrative expenses of the employer's cash balance plan were paid in 2016 by the profit sharing plan. Does this create any PT issues or any other problems? The receivable is being repaid.

I have a plan that needed to make up missed deferrals for participants. It fell in the field of 25% of the missed deferrals. Does this now need to be adjusted on the w2s for the year and included as elective deferrals?

My initial thought is no, since the EE would then get the tax benefit of the ER money. Never had this case before. Suggestions?

We have a few executives that want to max out their 401(k)'s as early as possible in 2017. This basically means they will be deferring 100% of their first 2 or 3 paychecks.

The problem is, under our system 401(k) contributions are deducted first, and then we deduct for other things, such as health plan premiums. So once we take 100% of their paychecks to cover their 401(k) contribution, there is nothing left to fund the other deductions.

Is there an easy way around this?

In December of 2015, the CEO of a plan sponsor told employees in a conference call that for 2016 the company would begin matching on a monthly basis and discontinue matching on an annual basis. The CEO also communicated what the match formula would be for the year.

As part of this change the plan doc was amended to allocate matching on a payroll by payroll basis. The plan doc has the match as discretionary. The plan doc also states that all employer contributions must be deposited by the IRS tax deadline plus extensions.

For the first 3 months of 2016 the match was allocated per payroll but remitted to recordkeeper monthly. But then the company began submitting employer contributions 2-3 months after the payrolls for which they were allocated. It seems remitting ER contributions 2-3 months after the payrolls may not violate the timing requirement established by the plan doc. However, could the CEO's verbal communication of a "monthly match" supersede the plan doc and obligate them to remit ER match monthly?

Thanks for any thoughts.

Companies Identical
A B C ownership

Owner 1 100% 51% 51% 51%

Owner 2 0% 25% 25% 0%

Owner 3 0% 24% 24% 0%

100% 100% 100% 51%

Please help me figure out if there is any controlled group relationship whether it is Brother-Sister or Parent-Subsidiary

Companies Identical
A B C ownership

Owner 1 100% 51% 51% 51%

Owner 2 0% 25% 25% 0%

Owner 3 0% 24% 24% 0%

100% 100% 100% 51%

Please help me figure out if there is any controlled group relationship whether it is Brother-Sister or Parent-Subsidiary

We have a takeover client with an existing 401k Plan. The plan sponsor cannot locate the original document. The plan was first effective in 1997 so (I believe) that the original document would have been a TRA 86 version. We want to draft a replacement document and submit it to VCP. However, we use Relius and their software will only produce docs going back to the GUST restatement cycle (2001 to 2003). Does anyone know of a provider that can issue a TRA 86 document in a VS or prototype format?

The PBGC Form 500 instructions indicate that the Form 500 must be filed on or before the 180th day after the proposed termination date.

Is the Form 500 permitted to be filed prior to the proposed termination date (assuming that the Notice of Intent to Terminate is issued timely between 60 and 90 days prior to the proposed plan termination date)? Likewise, is the IRS Form 5310 permitted to be filed prior to the proposed plan termination date?