Earl

FWIW I say no but if you VCP the IRS will say its ok. I did this submission on a take over and it worked no problem. And my evidence was sketchy. You seem to have a clear set of back up points to demonstrate what was supposed to happen.

I must be in the doghouse 2

Nobody? I am continuing to get 3 or 4 a week. I spent 1hr 20mins on hold with IRS to ask about it but gave up. Just received one client with 2 plans, one ok, one with yr end changed and denied.

In last 2 days I have had 3 December year end clients have their extensions denied. The denial lists October as the Tax Period. So the IRS is picking up the month we are extending to as the plan year end. Am I the only one? Any ideas on how this is happening? Thanks Earl

Would a plan provision be required to allow the purchase of these in a plan? Or is it just an investment option selected by the Trustee/Plan Sponsor and made available... Thank you

I had a IRS auditor tell my client you could not do this (each in own group) and then she gave my client a name and phone number of a "good" TPA to call who would do it right. She then gave me a no change letter.

I am preparing a submission for a failed 2010 ACP test. I can request relief from excise tax under 4979 but need "the supporting rationale". Any thoughts on any supporting rationale that I could present with a straight face? Thanks for any thoughts.

Husband has a DB Plan. Wife has a DB Plan. Wife cut back unexpectedly and ended up with $88,000 of required contributions in the plan against which she had no income to deduct. Self-employment has ended. I am trying to think of a scenario where the Husband, also self-employed, can deduct the money against his income (lots of it.) - putting her on payroll - considering it a controlled group - merging the plans Is there any way this could be done? Thank you for any thoughts.

company left MEP with asset transfer in January 2014. Question are: 1. Company files a *first* 5500 for 2014 and 2. Company shows the asset transfer as "Transfer to (from) the plan"? thanks for any help on this.

I called the author of 2015-28 and was told if it is a vanilla situation to just implement the new payments and assume they will approve it. (if the check clears, I guess)

on line at IRS.gov get one in under a minute

Remember way back there was a lower threshold and the EZ was more detailed.

Preparing a submission for a loan problem that proposes to acrue int and reamortize the balance. How/When do you implement it? Do you just assume they will approve and start making the new payments?

Thanks, again.

John - Thank you very much. Follow up, if you have time: 1. Company purchases, for a monthly fee, access to a PPO network. Would that kick in the Schedule A requirement? (Schedule A, Part III, box 8k, PPO Contract) 2. 5500 9a (funding arrangement) & 9b (benefit arrangement): Would "Insurance" would be checked for either? - Stop-Loss: The employer has insurance, not the plan - PPO Access: Not sure but answer to #1 probably answers this also. (Maybe this is not a new question and you answered it above? Just not sure.) Thanks again. Earl

Plan is a Medical/Dental health & welfare plan with benefits fully paid from the general assets of the employer. There is a stop-loss policy to protect the school. The instructions for the exemption for filing Schedule C read (see below). School is wondering if • 2(b)(1)(i) AND 2(b)(1)(ii) both have to apply, or • 2(b)(1)(i) by itself being true is enough to qualify for the exemption. (Client says, “(b)(1)(i) does not end with “or” and we are 100% (b)(1)(i) so do we need a Schedule C?”) Thank you for any help you can give. Schedule C instructions: Tip. Health and welfare plans that meet the conditions of the limited exemption at 29 CFR 2520.104-44 or Technical Release 92-01 are not required to complete and file a Schedule C. 29 CFR 2520.104-44 - Limited exemption and alternative method of compliance for annual reporting by unfunded plans and by certain insured plans. (a) General. (1) Under the authority of section 104(a)(3) of the Act, the Secretary of Labor may exempt an employee welfare benefit plan from any or all of the reporting and disclosure requirements of title I. An employee welfare benefit plan which meets the requirements of paragraph (b)(1) of this section is not required to comply with the annual reporting requirements described in paragraph © of this section. (2) Under the authority of section 110 of the Act, an alternative method of compliance is prescribed for certain employee pension benefit plans subject to part 1, title I of the Act. An employee pension benefit plan which meets the requirements of paragraph (b)(2) or (b)(3) of this section is not required to comply with the annual reporting requirements described in paragraph © of this section. (b) Application. This section applies only to: (1) An employee welfare benefit plan under the terms of which benefits are to be paid— (i) Solely from the general assets of the employer or employee organization maintaining the plan; (ii) The benefits of which are provided exclusively through insurance contracts or policies issued by an insurance company or similar organization which is qualified to do business in any State or through a qualified health maintenance organization as defined in section 1310(d) of the Public Health Service Act, as amended, 42 U.S.C. 300e-9(d), the premiums for which are paid directly by the employer or employee organization from its general assets or partly from its general assets and partly from contributions by its employees or members, provided that any plan assets held by such an insurance company are held solely in the general account of such company or organization, contributions by participants are forwarded by the employer or employee organization within three months of receipt and, in the case of a plan that provides for the return of refunds to contributing participants, such refunds are returned to them within three months of receipt by the employer or employee organization, or (iii) Partly in the manner specified in paragraph (b)(1)(i) of this section and partly in the manner specified in paragraph (b)(1)(ii) of this section;

I would not file in this lifetime.

Since it is a lot easier to have people consistently do nothing (leave def election in pay record) than it is to get people to consistently do something (remove def election upon termination and re-enroll person upon re-hire) I would set up admin procedure accordingly.

Participant in two plans of unrelated employers defers $25,000 this year. I am being told by an Ins company that the excess deferrals must be paid by the plan that received the excess, presumably meaning the last deferrals made for the year. I never heard that and can't find in the 402(g) regs. Any truth to that? Thanks

I think after tax makes sense for DB + DC Single Participant Plan. Can conplete 415 in DC with after tax and then convert.

Might actually have to look at the file to complete this filing. This really does suck.

Any solutions anyone knows about? Annual check to the state as an escheat process? Failure to make the RMD is a problem for the plan as well as the Participant I believe. Thanks

Although the plan is about 7 years old there has never been a distribution before. The Plan will not terminate, the business is strong. The only thing I can find in the document remotely close is "takes into account the Participant's entire Account Balance" but it is very confusing. I think the information about walking out was not helpful and I should have left it out because it does not matter why the terminations happened.

all 3 plan participants walked off the job. they will be due a contribution for CY 2014. the plan provides for immediate payment. can the sponsor wait until the 2014 contribution is deposited before making full payment at one time? thank you!

Thanks, the Notice is very helpful