Guest Triathalaw Posted February 6, 2004 Posted February 6, 2004 Anyone have any thoughts on what to do where it is discovered that POP deductions for a handfull of emplyees were not made on a pre-tax basis when they should have been? The error was made in prior plan years. Is it worth it to amend the 941s and w2s?
oriecat Posted February 9, 2004 Posted February 9, 2004 I do not believe that amending would be proper, due to the issue of constructive receipt. I would correct the error going forward and inform employees of the error in prior years, in case they could file amended tax returns to claim the deductions.
Guest Triathalaw Posted February 10, 2004 Posted February 10, 2004 Oriecat - How could there be a constructive receipt issue if the employee had elected to pre-tax the contribution, but b/c of an error, the contribution was not actually treated as pre-tax? The Employee doesn't actually have a choice. Wouldn't there be more of a problem if the error were not corrected retroactively? Actually, thanks to EBIA's excellent Cafeteria Plan book, I found some guidance on the issue at: www.opm.gov/aso/htm/2001/01-320.htm
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