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Posts
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Everything posted by Bill Presson
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Pretty sure the adult children make the plan subject to Title I and that requires a bond.
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Congratulations David! Enjoy!
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410b failsafe - opinion on "greatest amount of service"
Bill Presson replied to mattmc82's topic in 401(k) Plans
While the definition is an issue, this is an example of why I never want the plan to specify the fail-safe correction. I would much prefer to have all options available and do an -11g amendment to correct. -
If you are doing a single filing because you have 1 plan with multiple benefits, that gets you to the missed schedule A. I can't imagine having a wrap plan document that still requires multiple 5500 filings.
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Yes, they have to make a top heavy contribution for 2020. Why would their 2019 status impact 2020? Seems like a bad decision to eliminate the safe harbor. Might want to consider the retro safe harbor if there are also testing issues.
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Why not allow everyone in for elective deferrals?
Bill Presson replied to Peter Gulia's topic in 401(k) Plans
I find this incredibly difficult to believe. -
What date is QDRO calculated from?
Bill Presson replied to trinity8458's topic in Qualified Domestic Relations Orders (QDROs)
You may also have an action against your divorce attorney if they didn't find out about this. A pension is pretty hard to hide in a divorce. -
Correct. I've not seen anything that hints at it having any different characteristics.
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Multiple SEP Plans for One Employer
Bill Presson replied to JustMe's topic in SEP, SARSEP and SIMPLE Plans
I've never seen anything on a SEP that would allow excluding non-union employees. -
You should talk to your recordkeeper first. They will likely have a document to use.
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I've always liked this guide. https://www.tasconline.com/uploads/KB/Flexsystem/FX055 Top Paid Group_042318.pdf
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SECURE act allows a 401(k) to choose to be a safe harbor plan until the end of the year following the year that you want. So 12/31/21 for 2020 year. Hopefully your document wouldn't override that.
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You'll also need to grant service to any other employee that was employed with that other practice.
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Can I add an adopting employer after year end?
Bill Presson replied to Jakyasar's topic in Plan Document Amendments
Grateful for Ms Ilene and Derrin to provide their analysis for us here. -
Post enough on here and it's gonna happen. BTDT.
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4% isn't the maximum. You can do 100% up to 6% and still satisfy the ADP/ACP requirements.
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I think we need more details here. The entity is owned in a trust. What is the "earned income" that the person is receiving? w-2? I think that counts. If the LLC is taxed as an S corp, then the pass through on the k-1 aren't earned income for anyone at all. If its' taxed as a "partnership" (with a single owner making it a disregarded entity) then the trust is the receiver of the "compensation" but I'm not sure that counts as earned income for A.
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A SIMPLE IRA is required to cover all members of a controlled group. A SEP generally is required to cover all members of a controlled group (there are exceptions) but it definitely has to be tested. My advice is that this isn't going to work. He's likely going to need a 401(k) for the controlled group.
