Guest newport Posted November 9, 2010 Posted November 9, 2010 Would we be willing to move funds from our forfeiture account into the ERISA account? My interpretation is no, they must stay in the account and be used in the year immediately following the forfeiture. Also, am I correct in assuming that these funds can ONLY be used to pay plan expenses or new employer contributions if and only if it is specified in the plan document?
BG5150 Posted November 9, 2010 Posted November 9, 2010 I believe they could also be used to reinstate a terminated participant's account in the event of a "buy back." And, generally, if the plan document doesn't specifically allow for it, it's not allowed. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Guest newport Posted November 9, 2010 Posted November 9, 2010 Would we be willing to move funds from our forfeiture account into the ERISA account? My interpretation is no, they must stay in the account and be used in the year immediately following the forfeiture. Also, am I correct in assuming that these funds can ONLY be used to pay plan expenses or new employer contributions if and only if it is specified in the plan document? Also, our plan document states that monies in the forfeiture account should be untilized the year following the forfeiture, I found on IRS.gov however the following... Forfeitures must be used or allocated in the plan year incurred. The Code does not authorize forfeiture suspense accounts to hold unallocated monies beyond the plan year in which they arise. Revenue Ruling 80-155 states that a defined contribution plan will not be qualified unless all funds are allocated to participants’ accounts in accordance with a definite formula defined in the plan Am I missing something or does this seem like if we do not use the forfeiture money this year, we could lose the tax deduction
Guest Sieve Posted November 9, 2010 Posted November 9, 2010 Where on the IRS web site did you find that quote? Because, the Rev. Rul cited doesn't require forfeitures to be allocated in the year they occur, but requires that they be valued and allocated on an annual basis. Two different things entirely. In other words, forfeitures can be allocated in the year following the year they arise--which, apparently, is what your document provides.
BG5150 Posted November 9, 2010 Posted November 9, 2010 The IRS-approved Volume Submitter we often use, Corbel, allows for wither same-year or year-following allocation of forfs. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
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