Form 5330 and after-tax contributions

[J. Bringhurst]

DOL 2510.3-102 "the assets of the plan include amounts (other than union dues) that a participant or beneficiary pays to an employer, or amounts that a participant has withheld from his wages by an employer, for contribution to the plan as of the earlies date on which such contributions can reasonably be segregated from the employer's general assets."

The DOL recently issued an advisory opinion [DOL Advisory Opinion 2002-02A (May 17, 2002)] where it takes the position that untimely remittance of loan repayments - and a prohibited transaction - occurs if loan repayments are made later than would be permitted under the participant contribution regulations.

If loan repayments are considered participant contributions for these purposes, are after-tax contributions not also included in this analysis?

I've really only read about correction for late remittance of 401(k) amounts...

:confused:

[Mike Preston]

After-tax would be included.