Guest kmvr Posted January 23, 2012 Posted January 23, 2012 What is the penalty for failing to timely notify the PBGC of a pension funding relief election under Code Section 430©(2)(D)? Thank you.
Effen Posted January 23, 2012 Posted January 23, 2012 IMHO, I think you are probably SOL. I think the IRS would argue that if you didn't notify the PBGC, then you never really made a 430©(2)(D) election. You might have to redo valuations, pay excise taxes on deficiencies and move on. I suggest you give one of the IRS actuaries a call and see what they say. I'm sure they have heard this story before and they might have a reasonable solution. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
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