Guest jetfaninmn Posted October 31, 2006 Posted October 31, 2006 A participant turned 70 1/2 in 2003 and took distributions for his 401(k) in 2004. His 12/31/2005 401(k) RMD was not pulled from the plan, but from his IRA. What is the liability to the participant? To the Plan?
jevd Posted October 31, 2006 Posted October 31, 2006 Potential 50% penalty to the participant. The IRS has the authority to waive the penalty depending on facts & circumstances. Potential disqualification of the plan if found to be an ongoing issue or an intentional disregard for the regulations. It may be an EPCRS issue. I'm not sure if eligible for self-correction. There are more knowledgable people on the board that can answer that issue. JEVD Making the complex understandable.
Belgarath Posted November 1, 2006 Posted November 1, 2006 If 'twere me, I'd have him take the RMD from the plan, then file the form 5329 with the IRS (without the penalty check) and ask them to waive the penalty. The IRS has generally appeared to be reasonable about this, but you never know... There's also a potential fix under Revenue Procedure 2006-27, but it involves a VCP filing, so I'm dubious that it would be worth it for one missed RMD.
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