benpat3 Posted September 25, 2008 Posted September 25, 2008 If a pension plan is charged an erroneous investment fee due to a billing error but the fee amount was caught and subsequently returned, is that a prohibited transaction under Section 4975©(1)(D)? Does the plan have to file a Form 5330 and the investment company responsible to pay the excise tax if applicable? Benjamin Smith Senior Manager - Indirect Tax Ernst & Young 317.681.7495 Benjamin.Smith@ey.com
J Simmons Posted September 25, 2008 Posted September 25, 2008 Is your question whether intent is a requirement for there to be a prohibited transaction? John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
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