404(a)(7)

[John Feldt ERPA CPC QPA]

Employer starts two new plans in 2014, DB and PS. They mistakenly think the DB plan is subject to PBGC coverage. Oops, they find their plan is not PBGC covered and 404(a)(7) applies.

Eligible Payroll: $1,000,000

Total contributions, both plans combined: $400,000

PS contribution made during 2014: $100,000

DB contributions: $300,000

made during 2014: $280,000 (covers the MRC)

made during 2015 for 2014: $20,000

Amount deducted on the 2014 business tax return: $400,000 (already filed).

Recommendations?

Can the employer make an election under 4972(c )(7) to avoid the 10% excise tax? Or is the excise tax avoided regardless of this election?

Must the 2014 business tax returns be amended? Or does the deducted contribution carry forward into 2015 to count against the 2015 deduction limit?

Schedule SB will show all contributions made during 2015. If the employer does not amend the business tax return for 2014, should the Schedule SB also include the $20,000 contribution made in 2015 but deducted on the 2014 tax return?

[FAPInJax]

How will the SB show all contributions made during 2015 when 280,000 was made during 2014??

[John Feldt ERPA CPC QPA]

Sorry, I mean it will show all the contributions made in 2014.