PS/401k is immediate and DB is 1 year of service.

Participant is in the DC but not the DB Plan.

Owner benefits under both plans.

Does the DC only participant

1. Get a 3% TH min or

2. Get a 5% TH min or

2. 7.5% gateway

Thank you!

(Answer is probably on here somewhere but I sure can't find it.)

We are a CPA firm & a new client provided a copy of her business' SEP prototype document. We discovered the plan has the following noncompliance issues:

1. The document was adopted by the business when it was a sole proprietorship & wasn't restated when the business converted to an S-corp. SEP contributions continued to be taken after becoming an S-corp. All SEP contributions were made on behalf of the owner only.
2. The document indicated "no age or service" requirement, however, the client applied the 3 out of 5 year statutory eligibility requirement. There were 3 eligible employees that were excluded.

To correct the document failure, we would file under the IRS VCP.

We would also correct the excluded employees under the VCP, however, regarding the method to correct; can the deductions for the excluded years be allocated prorata among the owner & the employees & have the employees' shares transferred from the owner's SEP-IRA to newly created SEP-IRA for the employees? I know the regulations forbid reducing an employee's original SEP allocation as a means to correct, but does it matter if the employee is an owner?

Any advise would be appreciated.

Safe Harbor Match Plan (100% on the first 3%, 50% on the next 2%) gives an additional Discretionary Mach of 50% of deferrals up to 12% of Compensation.

I am pretty sure means that the ACP test must be run.

Can you tell me what Matching contributions are included in the ACP test? Do I include the Safe Harbor Match plus the Discretionary Match, or only just the Discretionary Match?

Does the answer change if the Discretionary Match has a Last Day rule?

Any guidance is greatly appreciated.

Alex

I know this has been discussed a few times, but anyway:

Suppose a profit sharing only plan, not top heavy, has the profit sharing allocations with each participant in their own rate class.

Assume 6 NHCEs and 1 HCE - all eligible for the plan. Also assume the plan has a last day requirement in order to receive an allocation.

2 NHCEs quit - both worked over 1000 hours. The document does not show an election to apply any "automatic fix" provisions for a ratio percent coverage test failure.

Running an average benefits percentage test for coverage essentially requires a classification that is reasonable and is established under objective business criteria.

Would this plan be allowed to run the average benefits percentage test for coverage purposes?

Or, must the plan resort to a 1.401(a)(4)-11(g) amendment to make the plan pass the ratio percent test for coverage?

Would the answer be any different if the plan had no allocation condition (no last day requirement)?

I think I have heard the answer to this before, but is it acceptable for a participant to request a hardship AFTER the closing on a residence when he finds he put himself in a financial bind by using available money for a down payment? Closed in December, 2015.

We have a public school that has a 457 plan paired with a 401(a) plan. They are asking if the 2 plans can be merged together. Is this permissible?

if a client files an extension on their corporate return for 2015, (they are an S Corp) - do they have until the extended due date to fund the profit sharing contribution to be able to deduct it for 2015? I think so, but want some back up. Thanks..

For a due date on an IRS inquiry, is that satisfied by mailing an item on the date or does it need to be received by the IRS by the response date? Can you tell me your support for this?

Can a VEBA be set up with an omnibus account? If it can't, can you provide me with a cite?

Don't I have to use the same account balance to calculate 2nd RMD when the 1st RMD is not paid out by the December 31 of the RMD year from a DB Plan?

Background information:

While the plan is on termination process in 2015, the 100% owner has attained Age 70.5. The owner elected single sum distribution from the plan to roll it over to IRA.

Based on my understanding of the Reg., one can use the exception in calculating the RMD based on the Account Balance method as if DC plan.

Also, since the owner participant didn't received the 1st RMD by December 31, 2015, he is due 2 RMD to be paid to him from the plan by his RBD of April 1, 2016.

can someone refer/provide me the section of the Reg. that tells me to use the same account balance in the above scenario?

IRS says "don't answer them!

https://www.irs.gov/Retirement-Plans/IRS-Compliance-Questions-on-the-2015-Form-5500-Series-Returns

So, yay.

If a participant has excess deferral, and when calculation the gain/loss the participant incurs a loss. I thought the proper procedure was to refund the full amount back to the participant and the loss was reported on the participants taxes.

per the below, I this method might not be correct.

(2007) IRS Publication NO 525 Elective Deferrals

Report a loss on a corrective distribution of an excess deferral in the year the excess amount (reduced by the loss) is distributed to you . Include the loss as a negative amount on Form 1040, line 21 and identify it as "Loss on Excess Deferral Distribution".

Please advise if the amount should be reduce by the loss.

I have a client who sold off part of their business during the plan/calendar year. Several HCE's were part of the sale and got distributions of 100% of their account. One of them rolled his $$$$$$ to an IRA. The 1099R's were prepared and sent by the platform they are invested in.

The plan failed the ADP test....refunds were due to one of the terminated HCE's.

I researched and found that he should have gotten two 1099R's - one coded for the corrective distribution as an 8 and one for the amount eligible for rollover. He originally only received one 1099R in January. This is an issue because who does ADP tests mid-year as a rule?

Other than corrected 1099 R's - what type of correspondence is the plan sponsor/plan platform/TPA responsible for sending to the terminated participant? is there a standard letter, notice. I assume this should come from the platform, but I found the issue....we are the TPA but have no control over funds.

Sorry for typo in title of topic.....

Does any IRS guidance prescribe the latest date by which an employee must submit claims for reimbursement of claims for reimbursement under a health care FSA? For 2015, for example, can the plan allow as long as to December 31, 2016 for claims submissions?

We have a plan that we discovered is in violation of Code Section 409A. We would like to correct it so that it is in compliance with Code Section 409A going forward.

If we do this, will amounts deferred under the plan in future years still be at risk for the 20% penalty since amounts deferred in prior years were deferred in violation of Code Section 409A? Even if we started a new, compliant plan, wouldn't amounts deferred under the new, compliant plan be subject to the 20% penalty since the new plan would be aggregated with the old non-compliant plan?

In this situation, do we just have to scrap the idea of having a nonqualified plan altogether?

21 & 1 with semi-annual entry

3% Safe Harbor using entry date comp

New Comp PS allocation, entry date comp, HCE’s receiving >15% of comp.

Plan is Top Heavy

NHCE Participant A hired 3/1/2014 and worked over 1,000 hours in first 12 months. A's work schedule changed to “as needed” 4/1/2015. Employed on 7/1/2015, and entered the plan 7/1/2015. Still employed beyond 12/31/2015, but no compensation during 7/1/2015-12/31/2015. A has $6,000 of compensation in 2015, all of it prior to 7/1/2015 and receives $180 of PS as a TH minimum since she is a participant and employed on the last day of the plan year.

Anyone had this situation come up before? If so, what did you do for gateway and (a)(4) testing?

does this count?
"Hello, Dolly!" won the Grammy Award for Song of the Year in 1965, and Armstrong received a Grammy for Best Vocal Performance, Male. Louis Armstrong also performed the song (together with Barbra Streisand) in the popular 1969 film Hello, Dolly!.
.........................

Hello, DB well hello DB
It’s so nice to benefit for working long.
You’re looking swell DB, I can tell DB
You’re still glowin’, you’re still growin’, you’re still goin’ strong
I hear the plan saying, a benefit it’ll be paying
For all those years of service from way back when So
it’s a snap fellas, a DB ain’t no crap fellas
DB’s will never go away again

Interlude

Hello, DB well hello DB
It’s so nice to benefit for working long.
You’re looking swell DB, I can tell DB
You’re still glowin’, you’re still growin’, you’re still goin’ strong
I hear the plan saying, a benefit it’ll be paying
For all those years of service from way back when So
PBGC fellas, a DB is guaranteed fellas
DB’s will never go away again

hellodolly-louisarmstrong.mid

We know that if a pension fund has had a mass withdrawal termination, employers must pay their withdrawal liability payments without the benefit of the 20-year cap on payments (redetermination liability). Such employers are referred to as "infinity payers" and may have to continue making payments for decades. However, it is my understanding that there is a practical limitation on the length of the infinity payments. This occurs when the pension fund no longer has any living participants and beneficiaries so that there are no longer any pension payments being made and no reason for the associated pension trust to continue. Upon such trust termination, it is my understanding that employers no longer have to continue making withdrawal liability payments. Does anyone have any authority that confirms this understanding? I am having trouble finding it athough it makes sense and several actuaries so believe. Thanks.

I have a client whose owner is also 100% owner of another company. Both companies maintain their own plans and both just converted to a safe harbor for 2015. The owner has compensation at both companies but only defers to the plan I do not administer. His compensation at each company is below the limit for 2015 but combined is over the limit. Obviously he does not receive a 3% safe harbor contribution from each employer because that would put him at over 3% of the annual compensation limit. The client is hoping that the plan he defers in can just give him the full 3% of $265,000 since it is a controlled group. I've researched but I can't find anything regarding this situation. Does he need to get something in each plan or is doing it all in one plan permitted? Thanks!