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GBurns

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Everything posted by GBurns

  1. If it was a condition of initial employment, then a one time irreversible election might be allowed as done in Re Express Oil Change.. If, however, the existing employees are going to reduce their earnings, this would be electing a deferral which would require a POP Cafeteria Plan with a salary reduction agreement. They are giving up cash for deferral. I do not think that the law allows an employer to mandate that an employee pay for anything such as this. Isn't this similar to the individual mandate problem the White House is having with ACA?
  2. As far as I know, there are no statutes or regulations that require a service provider to keep such a log. In any case, it is the employee benefit plan that is being audited so such info seems to be the purview of the Plan Administrator, who logically should be the entity keeping track of compliance issues. The Plan Administrator should have the info. Also, the Benefits Dept should have kept a record and copies otherwise they would not have known when the enrollment period was completed etc. I wonder how does the client know if a service provider has done the job it is contracted and paid to do, if it does not keep track of what is being done, when and how.
  3. Well then this link does not: http://www.irs.gov/retirement/article/0,,id=231594,00.html What difference does it make whether S or C Corp etc?
  4. No. But are you referring to the employee contributions or the employer contributions, not that it makes any difference. Why do you ask? The explanation regarding the difference between pre-tax contributions (mandatory or pick-up) and voluntary after tax employee contributions are usually given at enrollment time and covered in the SPD, so I suspect that you have some issue that causes you concern.
  5. What does your services agreement with the TPA say? I recall those that I have seen as saying that data must be provided in a format acceptable to the recipient and also in compliance with any applicable laws.
  6. My first thought is that your state insurance dept did not understand you, then I realized that maybe they were answering whatever question you asked but I have no idea what you asked of them. You might not have asked the proper questions. What did they say about Guardian not responding? You also did not indicate your state of residence for the purchase. I have heard of successful lawsuits and also of out of court settlements, but I did not keep any info and am not in that market. That is something a lawyer with relevant experience would be able to easily find. This should be part of his initial conversation with you which should be free. I am sure that there are members of the Board who can help direct you.
  7. What "new administration"? The name change was proposed in 2001/2002 and was effective early 2003.
  8. Why change the name from the well established "Claim adjustment reason codes " to "denial codes"?
  9. What makes these elective "expenses" elligible as hardships?
  10. What are "denial codes" ? What is an "adverse benefit determination"? How are they used and by whom? I have never heard of these before and would welcome further info. Thanks.
  11. I never noticed this before but that could just be because of a lack of complaints. My personal opinion is that it is just an error in interpretation by your employer. Payroll has a form that tells them the amount to deduct each payroll, but Benefits did not tell them to prorate this one. IMHO you are owed the difference. It might not be worthwhile to pursue if you are still eligible to submit claims for reimbursement and will have enough.
  12. 12.5% is used in Example 7 at 1.125-4 (f)(5) for the Cost Change Regs 1.125-4 (f)(2)ii You can view the Regs at www.changeofstatus.com under Resources.
  13. Is the owner of the IRA trying to correct the reporting by the IRA or the reporting of the MLPs? What is the relationship of the IRA owner to the MLPs? ############### Edit: Ignore my post. I did not notice that the entities were publicly traded.
  14. I am curious as to how they could classify household workers especially a nanny, as anything but an employee. http://www.irs.gov/businesses/small/articl...d=97877,00.html See also Pub 926
  15. It was 1912, before Al invented the internet. News took a while, then they had to verify the cargo. Maybe the mayo may be on another ship.
  16. Have the employee ask the Benefits Dept to show or cite where the section 125 regulations state anything about an open enrollment window. I doubt that they can.
  17. oriecat Are you sure that it is life insurance that they intend to self-fund in order to save?? I thought that was a typo.
  18. I think you should go look at a K-1, I do not recall there being sections but there are Parts, so you probably mean Part III. Anyhow there is no place to do what you are proposing to do. Also since the bonus would be an expense of the corporation, the deduction can only be taken by the corporation. It cannot be taken by the Partner because the Partner has no expense. Even if the Partner has an expense, that has to be taken on their personal 1040.
  19. Section 162 relates to ordinary, necessary and reasonable business expenses and therefore can only be taken at the company operating level. It is done before K1 is calculated. Where on K1 would such a deduction be taken anyhow?
  20. I would ask them each to detail Why and Why not. Then you can decide on the merits of each rationale. I must point out that your post is not too clear as to what you really mean and some clarification might be in order I have not been dealing with S Corps for many years, but with a C Corp it is quite common for the company to give bonuses (or cover expenses) then pick up the tax tab as a 162 double bonus. I cannot think oof a reason why an S Corp cannot pick up expenses. If you do a Google search on ' section 162 gross up bonus' you should find many articles discussing gross up for executives of large companies along with a few for rank and file at companies such as Google.
  21. Are you saying that the employer was/is offering cash to employees, with pre-existing conditions, to opt out of health insurance coverage?
  22. It is too easy to inadvertently endorse or to imply endorsement, to be worth the risk.
  23. What makes it a forfeiture?
  24. Have you called Medicare/SSA ? Or done as lisa did, call the insurance company itself?
  25. In order to better understand the excerpted example, the context is needed. Where did you see this example?
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