BG5150

Just b/c the law allows you to take more than the RMD, doesn't me the plan will let you. That seems to me the case here.

Why would this person be excluded from the ADP test?

The 80 yr old factor is 18.7, so it's close to 20.

Well, a PD allocation automatically satisfies the testing doesn't it? So, just have a general tested PS int he document and allocate as with PD and be done with it. No?

Why would anything over the RMD be allowed for installment treatment? (And would it really be a burden to offer it plan-wide? Who ever takes advantage of that?) Does the plan allow for partial in-service withdrawals? Could Grandpa sign 6 distribution forms every 6 months (tax elections are only good for 180 days, plus, I think you'd have to furnish the Tax Notice) and have them processed at once a month? (Would that violate the "as soon as administratively feasible" provision? Lots of questions, few answers from BG)

If all the kid is doing is working on the website, could they pay him on a 1099 as a contractor?

We send out (or tell our clients to send out) the supplemental statements, too. They include the vesting schedule, as a lot of carriers do not track vesting for plans with TPAs.

It's not considered a catchup until you hit a limit. So, you have $17,500 in 401(k). Note: not 12k & 5.5k. Are you over the base $17,500 (for 2013)? No. No catch-up yet. Are you over a plan-imposed limit? (ex. plan limits deferrals to 6% of pay, and person makes $100,000). No? No catch-up yet. Have you failed the ADP test and this person needs a refund? No? No catch-up yet. Are you over the 415 limit of $51,000 (for 2013) after profit sharing? (17,500 + 39,000 = 56,500) Yes! You can now re-characterize up to $5,500 as a catch-up.

^ or entitled to be paid.

I would say yes. Though related, it's still a separate plan.

This certainly is not my bailiwick, but my first thoughts are that if the stock is vested, they won't have voting rights, nor even ownership of those shares until they vest. What I don't know is who "owns" the shares (and that's your question too). Are they owned by the people, but the unvested shares just receive no vote? Again, there are just thoughts and by no means purport to be an answer, right or wrong.

Does he have voting rights on all or some of the shares? Is there only one class of stock?

If his comp stays at $139 k, he definitely will be an HCE the following year. Did you mean "key" employee?

How do doctors track hours?

How long ago? Did anyone think of EPCRS to just have the loan re-amortized?

From the EOB: Might this be relevant? I know you said corporation, but...

A lot of people assume that people rollover to brand new IRAs, but it's not always the case.

Or, if the IRA had a balance, the RMD calculation would not include the rollover until the following year.

As long as the plan satisfies the requirements to file an SF, they can file an SF. There is an item in question 10 where you put the commissions amount.

How is that any different from a "regular" 401(k) plan.

I'd say no. B/c you only get gateway if you are benefiting for the year. No allocation, no need for gateway.

No minimum, but is counted as not benefiting for testing.

Has this ever come up in anyone's audit ever?

I would venture that allowing people to stop on their own could be considered a circumvention of some in-service withdrawal rules. Say I'm 45 and I take a $30,000 loan from my one-and-only plan account, 401(k). Then immediately I say, "Whoa. Stop the payments, please." I just had what amounts to an in-service withdrawal.

If they aren't born in the same year: Owner born before 19__ not eligible. owner born after 19__ eligible. If you get other owners in the future, just amend the plan.