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Guest Marino13
Posted

I have a plan where the employer deposited the minimum required contribution for the plan year ending in 2001, however they did not make the appropriate required quarterly contributions. Because of this, there is a penalty of $300 being charged to the FSA. This was reported to the employer and he has since made the deposit of the additional $300 into the trust account to make the FSA balance =$0.

The problem is it was deposited on 9/19/2002 while the deadline for the contribution was 9/15/2002.

Is there an excise tax that must be levied on this $300?

Posted

It doesn't matter how the plan failed to satisfy the minimum funding requirements, only that they failed. So, yes, there is an excise tax on the funding deficiency.

"What's in the big salad?"

"Big lettuce, big carrots, tomatoes like volleyballs."

Posted

I agree.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

The one exception is where minimum funding has been restricted by the Full Funding Limitation.

There the Interest Charge is matched by an increase in the FFL Credit, so the 412 minimum is unchanged.

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