Santo Gold

The information in the letter is all correct.

We have a 401k plan with a 3/31 PYE. We filed a 5558 before 10/31, completed the 5500, which was filed around 12/20. However, the IRS sent a letter stating that the 5558 was received late and therefore was rejected. The 5558 was not mailed with tracking and not filed electronically. Just curious as to whether the plan sponsor has any options here. They already filed, apparently late, but that has not yet been "caught" or addressed by the IRS. Can they file via DFVCP, pay the fine, and put this behind them? But is DFVCP available if they are already filed? Thanks for any replies

We have a small law firm that is being sold to a larger firm. The small firms has a calendar year 3% safe harbor 401k Plan. Lets say the sale date is April 1st, about 85 days away. (1) can the plan set a termination date before April 1st? (2) If we can set that date earlier, (say March 1st) the 3% safe harbor contributions can stop as of Match 1st, even though individuals are on payroll through April 1st? Thank you

An employer wants to amend their plan to adopt QACA. Can they have QACA apply to just employees hired after a certain date or does QACA have to apply to everyone? They currently have a basic safe harbor match plan. The QACA match differs from the SHM and having 2 different SHM formulas in the plan is not permitted (I think). The employer would prefer not to have existing employees have to go through any enrollment process or have anyone currently employed defaulted into the plan. But if everyone currently employed has an affirmative election to participate or not in the plan, would those employees really need to complete anything for the QACA? I would think not. Thank you for replies

A small business sells to a larger business. The new owners have their own 401k plan. The small business 401k plan and business fiscal year are 7/1 - 6/30. The business was sold on October 1. The status of the small biz 401k plan was not addressed in the sales agreement (crazy, i know. We just found out about the sale today, almost 2 months later). Theres more involved but an initial question: Who would make the decisions on if/when to terminate the small biz 401k (I do not believe a plan merger is being considered)? The plan document and trust agreement still show the small biz owners as the trustee. Thank you

We have a 401k plan that started in 2023 and is large enough that it uses the automatic enrollment procedures. Now this smaller company is considering purchasing a larger business that has their own 401k plan, that was created at least 20 years ago. If the 2023 plan is merged into the larger plan, does the automatic enrollment feature have to carry over? Is that considered a protected benefit? Or, if the smaller plan is terminated and the smaller plan's employees become eligible for the larger plan, and that larger plan does not have auto enroll? Is that a problem? Thank you

The ownership of ABC is by non-related individuals, no connection to John and Joe

I should know this, but...... John owns 13% of company A; 0% of company B Joe owns 13% of company A; 0% of company B ABC company owns 74% of company A; 100% of company B Does a controlled group exist between Company A and B. More specifically, can the 401k plans for A and B operate independently of each other? Thank you

If a participant takes a loan out of their 401k plan account and they take the maximum amount available - 50% of their vested account balance (they are 100% vested). A few months later, they have a hardship and would like to take a hardship withdrawal that would remove most of their balance in the plan. Is this permitted? If so, it would drop their investment balance and the outstanding loan balance would now be well over 50% of their total account balance. Thank you for any comments.

If an individual opts out of auto-enroll right from the start, do they still need to be informed about auto-enroll annually?

Just curious if this sounds correct. If we have a plan with auto-enrollment, we are using our "normal" enrollment forms, normal meaning no auto-enroll language on them. The individual elects to participate or not. If the plan sponsor has a newly eligible employee complete this form (yes/no) for enrollment, the auto-enrollment is really a non-issue, correct? It seems simple to me: We have the auto-enroll language in the document and SPD, but if we have a clear yes/no from the participant on the form whether they want to participate or not, auto-enrollment is avoided altogether. Are we missing anything here? Thank you

Thank you all for the great replies. I do not believe that this is a bankruptcy matter, just a drastic turn of events that makes the ongoing operation of the company not viable (small company ~ 8-10 EEs). The owner does have a large enough plan account balance that would more than cover the YTD match, so they have not hit rock bottom and the owner is decent enough that he would likely not hesitate to use personal assets to fund the shortfall. So, there may be a way out. As for the TPA fees, I will address that up front before doing anything further.

What options, if any, are there for a company that fell upon hard times very recently. They have a basic safe harbor match in the plan and the owner is asking is there any way to get out of that for 2025 (calendar year plan)? No HCEs have made a 401k contribution for 2025 and have no plans to do so. Just the NHCEs. Any ideas are appreciated.

Most recordkeepers we work with (we are a TPA) allow for online loans. Their procedure does not appear to have a separate online Promisssory Note for the participant to complete. Curious if anyone else still prepares the promissory note in these situations or not. Thank you

I'll try to be brief: Doctor owned a small medical practice for many years and has a 401k. His wife worked for him. Both have balances in their 401k plan. Doctor now has a serious medical condition and closed the practice. The doctor also has an outside relationship with another individual for many years and continues to have that now. The wife is beside herself and may have had a mental breakdown. Family members have taken his side on this. Wife is still married to him. If the daughter now has a power of attorney for both doctor and wife, can any 401k distributions proceed via the POA signing by the daughter, as employer, trustee, and participant (Wife)?