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BG5150

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Everything posted by BG5150

  1. 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.
  2. Does he have voting rights on all or some of the shares? Is there only one class of stock?
  3. If his comp stays at $139 k, he definitely will be an HCE the following year. Did you mean "key" employee?
  4. How do doctors track hours?
  5. How long ago? Did anyone think of EPCRS to just have the loan re-amortized?
  6. From the EOB: Might this be relevant? I know you said corporation, but...
  7. A lot of people assume that people rollover to brand new IRAs, but it's not always the case.
  8. Or, if the IRA had a balance, the RMD calculation would not include the rollover until the following year.
  9. 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.
  10. BG5150

    Plan Loan

    How is that any different from a "regular" 401(k) plan.
  11. I'd say no. B/c you only get gateway if you are benefiting for the year. No allocation, no need for gateway.
  12. No minimum, but is counted as not benefiting for testing.
  13. Has this ever come up in anyone's audit ever?
  14. 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.
  15. 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.
  16. Make sure they know the difference between trustee and plan sponsor.
  17. Residential loans are a bad idea in most cases. Thus endeth my non-contribution to the thread.
  18. My bad. I didn't see the part about the balance being "returned" to the plan. Never mind. Carry on. I'll delete my original post...
  19. A quick explanation of the $10,000 limit from 72(p) from the ERISA Outline Book:
  20. That is assuming the IRA wasn't in existence already. People do roll money into existing IRAs don't they?
  21. I would do 2 1099's. One for the correct, rollover-eligible piece and another code 1 or 7 for the overpayment. If the participants repay it, it goes back in as basis for an after tax account.
  22. No. A SH plan can use any definition that satisfies 414(s), as far as I can recall.
  23. BG5150

    80/120 rule

    100. If they want, they MAY continue to file as a large plan. Below 80 they cannot file as a large plan and MUST file as a small plan.
  24. Keep reading. Section 6.06(4) of current EPCRS:
  25. I'll find out week of the 27th (of January).
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