Bill Presson

In addtion to what MoJo wrote (which I cannot improve on), I have made connections here with which I've been able to continue a professional relationship outside the board itself.

I think so according to this: 26 CFR 1.415(c) 1(b)(6)(i)(C) Date of employee contributions. For purposes of this paragraph (b), employee contributions, whether voluntary or mandatory, are not treated as credited to a participant's account for a particular limitation year unless the contributions are actually made to the plan no later than 30 days after the close of that limitation year.

Perhaps this is academic, but don't after-tax contributions have to be made by January 30?

I guess it would be a disregarded entity, but XYZ is the owner, not Joe.

I can't answer Q1 so I'll leave that to others. But I don't see anything specifically not kosher other than I'm not sure what they're trying to accomplish unless it's hiding the real ownership. The LLC can't be a partnership, though, with just a single owner.

I do agree, but 2 things come to mind. 1. What is the point of company C? The only one benefitting from that arrangement is the 50% unrelated owner of company C. 2. Heavy stuff for a retired person.

Agreed with Lou. I prefer that combination in fact.

Belgarath is correct. Also, check the plan document: some of them require the insurance to be surrendered or distributed at normal retirement age.

Assuming the termination resolution/amendment said that all contributions cease and no new people will enter after 4/25/21, then anyone hired after that date is irrelevant. The auditor is wrong.

Class year vesting

It would appear so.

As always, it depends. Can you pass 401a26 and 410b while excluding Company 1? Excluding the husband helps.

I believe you are correct. The only exception I recall is if the employer filed an extension, but then filed before the original due date and didn't use the extension.

And make sure you will pass 414s before you even get started. Clients don't understand how it works and don't realize how rare it is to actually pass.

What do you do with the PW money for a participant that doesn't meet the last day/1000 hour requirement? Don't they HAVE to get the money and it has to be 100% vested?

Just because a participant can do something doesn't mean they have to do so. If a participant can direct the investment of their money but chooses not to, then the trustee of the plan has to set up the account and invest the money for the participant. And are you sure the participants are actually trustees of their own account? That would be incredibly unusual and I'm not even sure it can be done.

There used to be decent directions but that was back in the '80's when this was more common. Ask the insurance agent to get something from his home office. That will likely help. If not, I dealt with a lot of them back in the day and will help as I can. we can discuss if you prefer.

You've got a single employer (controlled group) with two plans? Why make it difficult like that? They have to be tested together.

It's still instantaneous. Maybe your browser is handling things differently, like saving it somewhere you aren't expecting.

Probably not.

Definitely use pay.gov. Have the client pay you and get a 2848 and then pay the penalty on their behalf.

I agree with Mike.

Basically just splitting the census into the top 1/3 and bottom 2/3 instead of HCE/NHCE.

1 and 2 are a controlled group. Dad is attributed mom's 50% and, since dad owns more than 50% of 2, he is attributed the 30% from sister, his adult child. This is under Section 1563 attribution. No attribution in 3 because neither owns more than 50%. And no attribution in 4 due to siblings.

Still have money in the trust so you have to file for 2022. In the future, I recommend using cashiers checks or a pay service (like Penchecks or Millennium Trust, etc)