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Posted

Here are the facts:

Owner/participant retires 12/31/2021, dies shortly after.  
Plan fails the ACP portion of testing.  Owner is due a "refund".  Money has been moved to a spouse's account as beneficiary.  The transaction was treated as a "funds on deposit" and transferred to the spouse.  No 1099R was generated.

Question:  since the money has been moved, we need to make the distribution, whose ss# should the distribution be taxed under?  Also, since the "transfer" took place in Feb 2022, would the plan be considered to have been timely corrected? 

  • 2 weeks later...
Posted
On 10/12/2022 at 6:40 PM, justatester said:

whose ss# should the distribution be taxed under? 

spouse

On 10/12/2022 at 6:40 PM, justatester said:

since the "transfer" took place in Feb 2022, would the plan be considered to have been timely corrected?

I don't think so.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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