Employer contribution due date

[Guest Peggy806]

I am trying to find in ERISA how it defines the due date for a profit sharing contribution for a calendar year plan. I'm not asking about the deductibility rules (regarding extensions on corporate or 5558's). What does ERISA define for the 5500 as the rule for the deposit date? Is it October 15th?

[Mike Preston]

I don't think you will find one in ERISA. But you will find three references in the Internal Revenue Code; 1 of which is statutory; the other two of which are regulatory. Historically, there have been three partial reasons: 1) deductibility (you aren't concerned with that - but see 404(a)(6)); 2) 415 (the regs indicate that anything deposited after 30 days after the due date of the tax return can not be considered for the prior year); 3) 401(k) (the regs allow things deposited within 12 months of the end of the plan year to count for certain purposes).

There may be others, but these are the three that I deal with most often.