Mike Preston

If separate businesses are not a reasonable classification then there is no such thing as a reasonable classification.

Who mentioned having anybody in their own group? But let's assume that's the case. He would only fail to be able to use the ABT if somebody was excluded by getting an allocation of zero?

Didn't what Effen say answer your question? If it's an Erisa plan you will have unisex tables.

I've heard that the IRS allows completed months.

What Effen said.

And if you do end up using the ABT, remember that it can be calculated using cross testing.

ERISA plan?

Make effective date 1/1/2020.

I think you are misrembering.

What would you ask? Sounds like complete gibberish to me.

Well, you can start with Rev. Proc. 2005-25 and go from there.

Trick question? No, but you do need to include the fair market value. You have lots of reading to do.

As I think it's been suggested before you need to look up the definition.

??

Seems right to me.

No guidance. I've been giving clients advice to contact an Erisa lawyer with the expectation that they will be told to continue with maximum allocations until plan is terminated. 20% excise tax applies to amount reverted.

Yes. Shouldn't. No biggie either way.

Doesn't it depend on whether the old plan is a predecessor plan with respect to the new plan?

What is this $80,000 salary of which you speak?

I'm not aware of DFVCP being restricted by a prior filing.

Consider dfvcp. Isn't it cheap? Like $10 per day?

Was plan sponsor on extension? Is fiscal year of plan's sponsor same as plan?

I'm sure that makes sense to you.

Have you checked the basic plan document? I've been told that there is at least one out there that has approved a provision which invalidates the 110% test with respect to a plan that has since inception covered nothing but hces.

Luke, there are a number of current threads that revolve around this discussion, so if you want to sprinkle this to another thread or two or three.... feel free. While there is no formal guidance I'm aware of, in informal discussions with IRS at conferences and the like I think you will find that the IRS has expressed an extraordinary willingness to consider just about anything as an inclusive disposition or acquisition under 410b6C. In fact, I think you will be hardpressed to find any circumstance where the IRS has opined negatively.