Bill Presson

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)

Calavera already gave you the answer: 1, 2 & 5. 3 & 4 are not part of the controlled group.

If there's nothing that needed a 2021 date, why risk it?

You only receive attribution if you own over 50%. You don't attribute to an adult (child or parent) if you own over 50%.

This was my "favorite" and I couldn't come up with aggregation last night. I kept thinking "attribution" and I knew that wasn't right.

Gotta admit, Mike, this confuses me. Why wouldn't someone show a catch-up contribution for someone 50 or over? May not HAVE to do it in a solo plan, but can.

I think a change in control of the assets of the trust is kind of a big deal.

Well the deferral limit for 2021 is $19,500 with $6,500 catchup. So 2021 has a $26,000 limit. The employer contributions don't count against that limit. This thread has me a little concerned.

Merry Christmas and Happy Holidays!

Based on what you just said, I think the IRS is just wrong and you need to escalate to a manager. The plan is still the same plan, just with a different sponsor. That happens pretty regularly.

Under the "facts" you've provided, there is no correct answer. You'll need to go back to the attorneys.

Make sure you address any end of year "true up" issues as well. Might be additional match required.