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As long as your plan doc/loan policy allows, then yes.

If you can only pass coverage testing by treating those that get the top heavy minimum only as benefitting, then you would have to run 401(a)(4) testing.

Is your match and/or profit sharing amounts defined in the plan document? If not and the amounts are purely discretionary, you need to allocate them based on the provisions of the plan.

You might want to review your plan document. Some docs have the language written in that the contribution is to be funded by the due date of the tax return. If so, you have an operational failure as well.

If this is a DC plan and your doc is silent on the issue, you should use the DOL's FAB 2004-2 for your procedures.

The DOL's FAB 2004-2 will give you the procedures and distribution methods you can use for terminated DC plans.

And to answer your other question, yes the 5330s are late. I believe they are due 7 months followings the end of the plan year. The late fees are calculated kinda funny. I always file as normal and wait for the IRS to calculate the fee and request it. It seems that 90% of the time they don't even worry about the late fee and never request it.

Thanks for the advice. After a lot of research I tend to agree and that is the route I plan to take. I thought there might be an easier way to do this but it doesn't look there is.

You have to file a 5330 for 2001 thru 2006, every year that involved a prohibited transaction.

Minor changes such as vesting and contribution/allocation requirements. Don't want to offer a lot of flexibility.

I don't understand your comment. Please elaborate.

I have a client that wants to sponsor a multiple employer plan that allows each adopting employer to select various plan design options. I am having trouble finding a document vendor that sells this type of volume submitter/IDP document. Does anyone know of a vendor that sells this?

Try this resource and I think it will probably answer a lot of your questions. http://benefitsattorney.com/modules.php?na...=showpage&pid=1

There is no standard (that I am aware of). I have seen various percentages in plans that was placed to meet the clients' need.

Yes, assuming your document allows you to do so.

Agreed. If I remember correctly, I believe the IRS's position is if the participant doesn't end up paying his taxes, they will come after the plan sponsor for the 20% they failed to withhold.

So everytime you give a BPD to a client that is infringing copyright laws? That does not make sense. I got what I needed but thanks for the response.

Can a SARSEP be terminated mid-year if deferral contributions have been made?

Does anyone have a PDF copy of the Corbel prototype they wouldn't mind emailing me?

You would not file a Sch. R in this case.

Standard Contribution Protocol

No.

If I am not mistaken, SBJPA changed the limit for plan years starting in 1997.

As Mike suggested you can probably not worry about it since you probably will pass non-discrim on an allocations basis. If you don't though, I do agree that you would pass the gateway minimum.

Yes, earnings must be paid out and any reasonable estimate of earnings should suffice.