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mehmgo

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Everything posted by mehmgo

  1. if a plan has a large number of employees and for sending out the annual sar and disclosure notices, would it be possible to upload these documents to the companies ADP port hole site where all employees have access and mail out a letter to each person and let them know these documents are out on the ADP port hole for their retrieval if they would like to print or review?
  2. where they can take out the employee source as an early retirement withdraw
  3. if a plan has an early retirement age of 50 and 10 years of service in the plan and they have an active participant who wants to default their outstanding loan and pay the taxes and penalty which is all in the employee 401k source. Would they be able to default the loan and pay taxes this calendar year and not keep the interest continuing until termination with this option seeing this would be a distributable event for them
  4. yes i am
  5. if a plan is reallocating forfeitures only to all active employees (hce & nhce) and 70% coverage does not pass but abt does pass, can you use the active employee status as an allowable determination class to use this option to pass coverage.
  6. If a participant that is required to take an RMD and wants to roller over a large portion of their account balance to an IRA, can they do this and take the plans required RMD out of that IRA account to cover the amount of the RMD due from the plan? They want to make the whole RMD as a charitable donation, would this be allowed as the donations they want to make will be larger than the allowable amount to process from the plan as the donation? Or is there any other ways around it so they can make the donations they want to make?
  7. Does a plan need to be terminated since there is no longer a business and the solo owner is retired and has no employees and takes no compensation but still has the plan
  8. hi we have a calendar year plan that had an employer matching safe harbor contribution for 2018, however they stopped the safe harbor match as of 11/15/18. Doe the ADP and ACP test only need to cover the period from 11/16/18 - 12/31/18 or does it have to pass the testing for the whole year? thanks
  9. We have a deceased person whose assets are to be split between 5 beneficiaries at the investment house. The beneficiaries choose to leave the assets in the plan. These assets are all held in one plan with each person having their own account. When the deceased assets are switched to the beneficiaries accounts within the plan and staying in the plan, should the beneficiaries receive a 1099-r as a rollover coming into the plan for these amounts?
  10. mehmgo

    RMD

    Witht the new tax law that was passed recently, would the 70.5 RMD section where someone is allowed to make a tax free required distribution from IRAs to a qualified charitable organization apply to 401k plans as well?
  11. This is a calendar year plan. For ADP/ACP testing can a plan use participation wages even though the plan document uses full year wages for everything. I know we can use different types of compensation for non disc but was not sure if this would be an option to use participation veres full year.
  12. have a plan that does not allow for participants to take loans from the plan. the plan has acquired a new company that allows employees to have loans and there are 2 employees that have outstanding loan balances. the assets will transfer to the new plan. Can the outstanding loan balances be transferred to the new company and continue to make payments until paid in full? Or do they have to be defaulted and taken as income before the transfer of assets occurs? They do not want to allow any new loans be taken out of the current plan.
  13. i have a calendar year 401k plan. one of the 5% owners sold all his shares back to the company as of 12/31/12. would he and his children who work at the company be considered key employees for the 2013 plan year end since he does not own any stock during the plan year? is the look back year still the correct way to determine the key employees for this situation?
  14. plan document states a person must be a participant in the plan to receive a contribution for the year - would someone on short term disability being paid by a thrid party be considered not a participant during this time frame?
  15. have a plan where compensation only excludes pre-participation wages from the plan for all sources. if the company has an employee on short term disibilty and the participant gets paid from an outside agency but this compensation is included and added to their w-2 for the year, should the short term disability compensation be included in the plan compensation for calculating employer contributions for the year or should we only include compensation that was actually paid by the company?
  16. I have a 401k plan with the owner and spouse only in the plan. Both are over age 70.5 and both have separate account balances and have been taken out RMD's the past few years. In 2012 the spouse passed away. There were no distributions taken out prior to her death and both still have a balance in the plan. Who should the 2012 RMD for the spouse be payable too?
  17. we have received a foreclosure notice for the missed mortgage payments from the lender stating if not paid they could lose their home. I was wondering if the tax bill portion would qualify for the hardship since it is paid outside the mortgage payments.
  18. Have a plan that allows hardship withdraws for safe harbor standard reasons. If a participant pays their mortgage payment and property taxes separately and they have received a foreclosure notice for the back mortgage they owe. If they sent in back up for the past mortgage payments, this would satisfy the hardship requirements to prevent foreclosure. If they also sent in a property tax bill they owe would the property tax bill be eligible to be include with the hardship withdraw under the safe harbor reasons? Thanks for your responses
  19. Have a plan that has partners in it that receive k-1's for compensation for the year. If the plan has 401k contribution changes allowable only on a calendar quarterly basis, are the partners who receive the k-1 tied to the same frequency for changes?
  20. mehmgo

    HCE

    I have a qslob -A and qslob -B plan in 2010, an hce made over 245k in qslob A in 2010 and was considered an hce for 2011 in qslob a and he made nothing in qslob b in 2010. During 2011 hce terminated from qslob a and was hired by qslob b. He only made 90k in qslob b for 2011 and 200k in qlsob a. 1. would hce from 2010 qslob a be an hce for qslob b in 2011? 2. would hce be considered an hce for 2012 in qslob b? 3. would he be able to take his money from qlsob a? thanks
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