IRA Posted February 13, 2007 Posted February 13, 2007 I'm looking for thoughts on the pros and cons of choosing between (1) terminating the plan and distributing all assets before the determination letter is received in order to avoid filing the 5500 in the following year or (2) terminating the plan and obtaining the determination letter before distributing.
JanetM Posted February 13, 2007 Posted February 13, 2007 Cost - benefit- risk is all you have to look at. You don't mention the type of plan - DB or DC. If the plan is small or large. If the plan has a current determination letter. IMHO if you have a plan that has a current determination letter, you are sure it has been run in compliance with the document, I would terminate and distribute as soon as possible. Keep in mind, all the letter does is assure you the document is qualified. You have to actually operate the plan as written for the qualification to actually apply to the plan. JanetM CPA, MBA
namealreadyinuse Posted February 13, 2007 Posted February 13, 2007 Also, why are you terminating? If all employees are gone, they probably have an independent right for a distribution that you may not be able (check the document) to hold up.
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