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If a 401(k) plan has late salary deferrals and makes a deposit of lost earnings to the plan, but does not file a form 5330 to pay the excise tax, what are apt to be the consequences to the plan sponsor?

Posted

Audit case or non audit case?

Many late deposits or just a "few"?

Large amounts involved or not?

The reality is the magnitude will likely impact whether or not the IRS (and or DOL) pursue any action.

If IRS does pursue you'd be looking at the original excise tax plus penalties and interest.

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