Pammie57 Posted December 18, 2017 Posted December 18, 2017 A client who currently owns 50% of a C Corporation (which maintains a safe harbor 401(k) plan...just mentioned that he and an unrelated party own a separate business - which is basically inactive. They apparently maintained a SEP and a profit sharing plan for the "inactive" business. The business has not been terminated; apparently the plans have not been officially terminated either. They do have account balances still just sitting there. He does not want to roll them into the current plan. His question is "can I just roll the old profit sharing account into my SEP and be done with it?" I don't know, but I assume the first step would be to officially terminate the old profit sharing plan. It never had enough funds to file a 5500 according to him. Thoughts, suggestions would be most welcome. Thanks!
Belgarath Posted December 18, 2017 Posted December 18, 2017 Can you roll over profit sharing funds to a SEP? Sure. Does the PS plan have to be terminated? Not necessarily, if it allows in-service withdrawals and the client qualifies for a complete in-service withdrawal of all funds, but I can't possibly imagine why anyone would not terminate the plan if they are rolling all the funds out of it. (Unless they intend to continue to contribute in the future.) A final 5500 form would be required for the terminated PS plan, assuming it is terminated. And the PS document must be up to date, if it hasn't been appropriately restated already.
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