Jakyasar Posted Friday at 02:05 PM Posted Friday at 02:05 PM Owner only 401k plan. Owner deducted 23k for 2025 on the w-2 but deposited just now. What kind of correction is needed, if any? If need to adjust, I am assuming DoL calculator cannot be used, correct? What other means can be used? Let's say the correction is $100, is this a deductible expense? If yes, would be for 2026, correct? Thank you QKA, QKC, QPA, CBS - I used to be indecisive about pensions but now I am not so sure
Peter Gulia Posted Friday at 03:05 PM Posted Friday at 03:05 PM Has the business organization yet filed its 2025 income tax returns? Has the individual yet filed her 2025 income tax returns? Or, is either planning toward a September 15 or October 15 due date? What does the written plan provide about when an elective-deferral contribution is due? Further, consider that, under the 1978 Reorganization Plan, the Labor department’s interpretation about when a participant contribution becomes a plan’s asset is relevant also for Internal Revenue Code § 4975 about tax-law prohibited transactions. 29 C.F.R. § 2510.3-102(a)(1) https://www.ecfr.gov/current/title-29/part-2510/section-2510.3-102#p-2510.3-102(a)(1). If there is a contract breach, fiduciary breach, or prohibited transaction to correct, a relevant State’s law might allow a reasonable measure of restoration. Or, the Internal Revenue Service might consider a use of EBSA’s calculator reasonable. This is not advice to anyone. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Jakyasar Posted Friday at 03:38 PM Author Posted Friday at 03:38 PM 9/15 is the deadline. It is Roth deferral Thank you for your input QKA, QKC, QPA, CBS - I used to be indecisive about pensions but now I am not so sure
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