ombskid Posted 10 hours ago Posted 10 hours ago Former employee returned standard distribution election form (CCH): Rollover to "IRA" Name of IRA: "xxx xxxx Corp" We have always instructed trustee to make checks payable to : "xxx Corp IRA FBO former participant" Any thoughts on if writing the check to just a Corp. is ok? Does it leave the plan with any liability as to the tax exempt status of the distribution?
Peter Gulia Posted 7 hours ago Posted 7 hours ago An Individual Retirement Account’s trustee or custodian is a bank, trust company, or Treasury-approved nonbank custodian, typically a securities broker-dealer. An Individual Retirement Annuity’s insurer must be an insurance company. If neither the check nor any accompanying instructions names the individual, won’t the payee financial-services business decline to accept the payment? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
ombskid Posted 6 hours ago Author Posted 6 hours ago It appears there is an intermediary of some sort who would get the funds and then - we don't actually know. Does the intermediary get a fee, then send the balance to a bank or trust company? Is the tax deferred status affected? That's the kind of question we are having before telling the trustee to make the distribution.
david rigby Posted 6 hours ago Posted 6 hours ago Wow! Sounds like a scheme to skim off a fee. Why would the PA want to assist that? Never look for trouble. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Peter Gulia Posted 4 hours ago Posted 4 hours ago If making a payment payable to a payee other than the retirement plan’s participant, beneficiary, or alternate payee (presumably because the distributee requested a direct rollover), the plan’s administrator, trustee, custodian, and payer (among them) have some responsibility to check that the payee not only is the one the distributee instructed but also is a banking, insurance, or securities institution Internal Revenue Code § 408 recognizes as an IRA custodian. Else, the plan might not get a satisfaction or discharge of the plan’s obligation to pay the plan’s benefit. This is not advice to anyone. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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