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Khatva

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  1. I'm trying to sign and submit a 5500ez on EFAST as a sole proprietor (both employer and plan administrator). The instructions on the DOL web site are terrible. On the "add signers" page (as well as the users guide, I believe), it says: Here are some things to consider when adding signers: • If the same person serves as both the plan sponsor and plan administrator, that person should check both "Plan Administrator" and "Plan Sponsor" boxes. • If one person serves in multiple roles, you need only add that person once as they will be able to sign for multiple roles at one time. However, on the signature page itself, it says: * Please select the role(s) for which you are signing. You may select all that apply. <checkbox> Plan Administrator <checkbox> Employer <checkbox> Service Provider using E-signature alternative option (reference EFAST2 FAQ 33a) If the same person serves as both the plan employer and plan administrator, that person should check only one of the "Plan Administrator" or "Plan Employer" boxes. SignCancel The IRS Code permits either the plan sponsor/employer or the administrator to sign the filing. However, any Form 5500 that is not electronically signed by the plan administrator will be subject to rejection and civil penalties under Title I of ERISA. I bolded the relevant sentences. The site literally contradicts itself. The page for adding signers says "If the same person serves as both the plan sponsor and plan administrator, that person should check both "Plan Administrator" and "Plan Sponsor" boxes." The actual signing page says "If the same person serves as both the plan employer and plan administrator, that person should check only one of the "Plan Administrator" or "Plan Employer" boxes." To validly sign the 5500ez, do I check both boxes, as I am both employer and plan administrator (and sponsor), or do I only check the "plan administrator" box?
  2. Thank you! One last question - the one-participant originally opened the plan for their own self employment (schedule C) income, but has not actually had schedule C income for many years (i.e. 5500ez lines 7a-7c all zeros, not an active participant anymore). 401(c)(1) defines a self employed individual as "an individual who has been a self-employed individual within the meaning of the preceding sentence for any prior taxable year." Should the plan characteristics codes include 3B, even though there is no actual schedule C income for the current year, but has been in the past? Or does 3B only apply if there's schedule C income in the current year?
  3. Hello, I am terminating a one-participant DC plan. The plan document requires declaring an effective date of termination in writing with the company holding the trust, then disbursing assets from the trust within a year. If I declare effective date of termination in February, then the assets are disbursed in, say, April, do I owe two "final" 5500ezs (one for partial year jan-feb to the effective date of termination, one final for partial year jan-April declaring zero assets) or just one final 5500ez for short year Jan through April showing zero assets at the end? i.e. does "effective date of termination" per the plan doc have any effect on the 5500ez filings? Thank you!
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