A shareholder is ceasing to be a 5% owner as of 12/31/2017 and will continue to work at the company. He turns 70-1/2 in 2018. Because he's not a 5% owner in 2018, is it correct that he does NOT have to start taking RMD's from the plan until he retires?

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Can a refund resulting from a failed ADP test be used to satisfy RMD requirements for Key Employee in a 401k plan?

A 2/3 owner in a salon also has a sole proprietorship, in which she pays herself for services performed in the salon. She maintains a Solo-401(k) for her proprietorship, which she maxes out. Is this an Affiliated Service Group, or does a salon not qualify under the definition of a Service Organization?

An LLC shareholder taxed as a sole proprietor wants to contribute a deferral but he gets no paycheck. How is that accomplished?

Is anyone aware of provisions in the tax bills to allow 2017 conversions to be recharacterized in 2018 despite the elimination of that ability going forward?

Has anyone had to file a late Form 8955? We have a new client whose form was not filed for 2016. I saw something from the IRS saying that such a plan sponsor should file under DFVCP, which I suppose means re-filing the Form 5500 and paying the penalty. Does anyone have experience with this?

Let's say a plan allows for in-plan Roth conversion. A participant has only pre-tax deferrals in his account, but he's not yet 59-1/2. [1] Because deferrals always have an age 59-1/2 age restriction for an in-service distribution, would he be able to convert his account to Roth? [2] If so, what if he decides to withhold a certain amount, let's say 10% on that distribution? Would that be permitted? It seems to me that it shouldn't be, because the amount going to the Roth conversion would be less than the original amount (the other 10% being the taxes paid).

We have an individually-designed safe harbor plan that has 100% vesting for all accounts, including the profit sharing and discretionary match. Is the plan required to adopt an interim amendment to provide that QNECs/QMACs will be vested when allocated? I can't imagine they would.

Plan sponsor failed to file the final/short Form 5500 for the plan year ending 5/31/2016. We recommended DFVC, filed the return in November 2017 and paid the $2,000 penalty (this is a large plan). The DOL's online calculator correctly indicates that the penalty is $2,000 (based on 313 days late). The client received a letter from the DOL stating that they might have submitted an overpayment of $1,260, and included an ACH form for the plan sponsor to request the refund. We called the DFVC number on the letter but got voicemail and have yet to receive a call back. Any idea what might have triggered the letter? Anyone had success in addressing this with the DOL? We don't want to overpay the penalty, but we are pretty sure the penalty is $2,000 and not $740.