CJS07 Posted October 3, 2014 Posted October 3, 2014 Client was supposed to fund Safe Harbor Non-Elective for 2012. Small Plan, form 5500SF. Apparently doesn't have the funds to do so. listed the SHNE contribution on 2012 Form 5500 that should have been made. Now filing 5500-SF for 2013. Do I have to amend 2012 to remove the SHNE contribution or leave it as is? I know there are many other issues since it hasn't been funded but I'm just worried about the 5500 for the moment.
Andy the Actuary Posted October 3, 2014 Posted October 3, 2014 While I'm a propeller head, it seems to me the Client perjured himself by submitting false information on a 5500SF. Even if 2013 year is clean, you're not going to be able to prepare the 2013 5500SF without amending the 2012 5500SF. Would suggest you confer with legal counsel on this. 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.
Bird Posted October 6, 2014 Posted October 6, 2014 I don't see the info on the 5500 as being a problem - the contribution was properly accrued, it just wasn't made. There's still time to fix it under EPCRS, I think, and in the interest of preparing the 5500 on time, I would continue to show it as an accrual until it is unfixable, then figure out how to reflect the change for reporting purposes, which might include amending the return(s). Ed Snyder
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