Harwood

My Corbel document has a section "Qualified Military Service" which says "loan payments may be suspended as permitted under Code Section 414(u)(4).'

Check IRC 72(t)(2)(A)(iii), which refers to 72(m)(7) for the definition of being disabled. Also, check out Form 5329, especially line 2, if you think a 1099-R was miscoded.

Line 31 of Schedule C of Form ??

Wages after death are paid to beneficiaries or estates, not to the deceased. Therefore, no deductions for deferrals. See Publication 15 "Special Rules for Various Types of Services and Payments" and the Instructions for Form W-2. NOTHING will go in Box 1 of the W-2; a 1099-MISC enters into the picture.

Thank you for pointing to Reg 1.401-7

1. Check the document closely, for words such as "Anniversary Date." That forfeitures must be allocated annually - except in rare circumstances - may be there in subtle language. 2. Check Rev Rulings 80-155 and 84-156

Check out: 2580 A 2580.412-2 at the following site: http://benefitsattorney.com/cgi-bin/framed...?ID=295&id==295

If, by chance, contributions are made to the plan by employees, then the unfunded plan exemption would not apply. Need to meet all the requirements of 2580.412-2 to be "completely unfunded."

I was unaware that a brother could receive a rollover from a qualified plan.

"Ursunc" would be a good name for a poster

Deal with the issue of the plan loan "asset" in many Defined Contribution plans.

No response.

Qualified plan distributions to non-resident aliens are reported on Form 1042-S, not 1099-R. An SSN/TIN is not required. As long as the US Government gets their 30% withholding, they don't seem to care about an SSN to associate with the income. Being an illegal alien does not give the employer the right not to pay you for work performed. Nor does it give the employer the right not to pay you your deferrals or match or profit sharing that accrued on those wages. The wages don't retroactively disappear when the illegal status is discovered; neither do the benefits.

In the 2001 edition, p. 13.105 “Waiver pending. If application for a minimum funding waiver is pending at the time the installment or other payment is due, notice is not required. However, if the waiver is denied, notice must be provided within 60 days after the date of such denial. ERISA §101(d)(2)”

My guess is that 100% withholding is a red flag to the IRS. The 1099-R data is entered by the e-filer, be it a tax professional or an individual. The temptation to show 100% withholding must be great. For many years, one tax scam has been to send in phony paper W-2 forms [or 1099's with withholding] with your 1040 form and then claim a refund for the withholding. The 1040 forms are processed - and refunds issued - long before the IRS has the W-2 forms from the employer entered into the IRS system. Obviously electronic filing - where you are providing all the wage/compensation/withholding data without even showing the IRS a paper copy of the W-2 - is ripe for fraud. Hence the red flag.

If the loan proceeds were used to buy "Investment Property," would that interest be deductible on line 13 of Schedule A of Form 1040?

Byut if the recipient is a non-resident alien, no tax i.d. number is required.

What if the proceeds of the loan are used for a deductible business expense?

http://www.penchecks.com/missing_participant.htm

1. Does it [fairly] clearly specify the plan involved? 2. The DOL has said that addresses are not required in the Plan Administrator can easily determine them. 3. Is the benefit to the Alternate Payee clearly delineated? Or are there problems, such as a loan? 4. If the Dissolution of Marriage was filed in court, it can be a QDRO if it has the minimum amount of required information, such as items 1-4 above. There is no legal requirement for a separate QDRO document.

It is admirable to try to protect the rights of a potential Alternate Payee. But the first rule is that you must follow the law and the plan document. Do the QDRO procedures for this plan state that there is a pending QDRO only if written notice has been received from a potential Altenate Payee? In this case you seem to be chasing a QDRO that does not exist.

Archimage - can you point to where it says that in ERISA? I see a delay of reporting by employees all too frequently.

I think the EBSA employee was only addressing the issue that no deferrals were sent in late. The fact the deferrals were not taken in the first place - contrary to the participant's instructions - is serious. You need more qualified advice.

What is the plan's procedures regarding QDROs? I think it is very common [and definitely in conformance with California law] that unless someone has sent written notice to a plan that they are claiming part of a participant's balance, the plan can distribute all monies due to the Participant.

The "Coverage and Nondiscrimination Answer Book" by Amy Cavanaugh and Tom Poje has Puerto Rican material