KevinMc

I actually found them before I saw your message which was quite a coincidence. They are great. For about half the price I got the same thing Judy Diamond offered but instead of one state I got four!!!!! I happened to find them on google before I got your response but you were certainly right on the spot. Thanks.

I used to use Judy Diamond for marketing purposes to get current plan information and contacts for a particular geographic location. They have gone up considerably in price. Does anyone know of a similar firm/website that provides this information? Any help is appreciated.

Is there any rule/regulation that a new plan (small 401-k/Profit Sharing) has to start on the 1st of the month (january1, July 1) or could it be any other day of the month?

Is a fidelity bond required for a plan with less than $100,000 in assets where all participants (2 or 3) are HCE's? Thanks for help.

For a small plan that allows roth deferrals a participant gave a check to the plan sponsor who then made a large contribution to her roth 401-k money source (did NOT go through payroll). Is this allowed with a roth 401-k and if not what would be the correction?

A calander year plan currently utilizes the safe harbor non elective plan where they contribute 3% to all eligible participants. They would like to amend the plan to a safe harbor match formula. What type of notification is sent to participants and is there a certain time of year they have to do this? (i.e. 30 days before beginning of next plan year, etc.)

Is a Form 5500 that was completed on time, then subsequently amended because of an error after the due date, subject to the same penalties that an "original" late 5500 is? It would seem like a deterrent to amend.....thanks for any help.

Company A has acquired Company B which both have 401-k plans and well under 100 total employees. Company A would like to move the assets of Plan B into Plan A. What communication is required to be given to the participants of Plan B and what options do they have? Presumably Plan B will be terminated, can they be mandated to move their accounts into Plan A or would they also have the option of taking a distribution or IRA rollover? Thanks for any help.

When calculating the number of active participants to determine whether or not an independent audit is required, is an employee who is new and has not satisfied the 1 year eligibility requirement to participate in the plan considered an "active" participant?

thanks

A Dental office has a safe harbor non elective plan where they do a 3% contribution for the safe harbor and then a 6% profit sharing plan contribution in addition to any salary deferrals plan participants make. The plan is top heavy in that the only key employee (dentist) account for about 75% of the assets in the plan. The eligibility for any contribution is 1 year. You must be working on the last day of the plan year to receive the profit sharing contribution. The plan had two people terminate and 2 new employees during 2012 (not eligible yet). Must a "top heavy" contribution of 3% be made for the 2 new employees because the plan is top heavy??

If a dentist sells his practice and the new owner will have a new name (plan sponsor) and a new EIN, can the plan be amended to recognize a new trustee, plan name and EIN or must it be terminated and a new plan started? (the new owner would like to continue safe harbor contributions). Thanks for any help.

A dental practice has a safe harbor non elective 401-k where all employees have 3% of their W2 income contributed. What is the correct way to calculate the contribution for the Dentist who doesn't have W2 (salary) but self employment income? Any help greatly appreciated.

I have seen a lot of plans lately with between 100-200 participants where the IQPA performing the annual audit gives a Disclaimer opinion (has not performed an audit sufficient in scope to form an opinion on the financial statements). Is this common? Is this a red flag? Any input is appreciated.

Is it an in-kind "distribution" of the policy, or a "sale" of the policy to the insured? It makes a difference from a tax perspective. I would think an in kind distribution but would you give me both ways? Thanks,

What are the tax implications of moving a life insurance contract out of a qualified plan (profit sharing) while the insured/participant is still living? Thanks for any help...

Would a 1 person S corporation use the 415 Safe Harbor definition of compensation for determining a profit sharing contribution (does this definition include S corp. income)---Thanks.

Thanks for confirming that...

My understanding of the new regulations set to take effect are that the plan sponsor receives a disclosure from covered service providers. Does anything have to be filed with the department of labor, ebsa, etc.?

Can anyone help me out with adp testing, I have a HCE who gets refunds and he wants to know if by making Roth contributions would that bypass the testing since its after tax?

Thanks!

A non safe harbor 401-k with a minimal match is top heavy but the only key employee who made the plan top heavy has done an in service withdrawal (allowable by the document) which makes the plan top heavy no longer. Is there a waiting period that must be satisfied before these monies transferred to an IRA are no longer considered for the testing? Thanks for any help.

A small non profit currently has a 403b plan and would like to change investment providers. The preferred provider will only allow a plan for this size on their 401-k platform. Is there a provision that would allow the 403b to be amended to a 401k prior to changing providers or does the 403b have to be terminated and a new 401k plan started and what are the steps? Any help is appreciated.

A client failed the adp test for plan year ending 09/30/2009 and has not yet been issued a refund (plan is on extension to file the form 5500). What is the penalty and interest that must be added to the refund? Thanks.

Thank You!