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Posted

My companys uses a FIFO method for determining earnings on excess amounts. Does anyone know if FIFO is mandated in the code? Could we use LIFO?

If you could point me to the regs where it says FIFO, or LIFO or either, I would appreciate it. I could have sword I read it in the ERISA Outline book, but I can't seem to find it.

Remember: two wrongs don't make a right, but three rights make a left.

Posted

The Code and regulations are silent on this -- see Reg. 1.401(k)-1(f)(4)(ii). That means one can choose whatever is preferable. During years in which investment earnings are positive (not the norm lately!), LIFO is better because it maximizes the amount that stays in particiipants' accounts in the plan.

The corrective refunds will be taxable to participants in their tax year that includes the FIRST day of the plan year. Some folks extrapolate from this that the FIFO method of calculating investment earnings must be used. Sure, that'd be logical, but it's not required.

Others may have different opinions on this issue.

Guest Donkey Kong
Posted

I could have had a sword to, but my mommy said it was dangerous.

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