The regs seem clear to me, but third party write-ups seem less clear. This is an S-CORP leveraged ESOP. The employer also sponsors a 401(k). So you have the general 404(a)(3) limit of 25% of comp. The increased deduction limit under 404(a)(9) specifically does not apply, as per paragraph (C) of 404(a)(9). Some of the write-ups appear to say that you could deduct up to 25% of eligible compensation on principal repayments of an exempt loan in the same year you take a deduction under 404(a)(3) for contributions to the non-ESOP 401(k), as long as you comply with 415. Am I missing something?

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Are there certain rules for what type of property I can purchase in order to qualify for using a hardship distribution from my 401k? My husband (the plan participant) and I have found a house we love but have had some financing issues. This is a bank owned property zoned as C3 (mixed use) and the residential property has two commercial buildings attached so the bank is requiring a 20% down payment. With no other options he has submitted a request for withdrawal under hardship to help cover the down payment. The plan administrator requested a copy of the sale contract and loan estimate disclosure, which is now in process. We are worried that since the contract has 3 addresses they will deny the request. This will be our primary residence and there's no way to only purchase the residential part since it is a bank owned foreclosure. Does anyone know the likelihood of this being denied? We are under contract and get early access to the property tomorrow and will be moving our stuff in. If this falls through we can't purchase the property, and will have to move our stuff out and find somewhere else to live. Any advice would be very much appreciated!

403b is terminating in a few months -- Sept. 2018 -- and employer will start a 401k in the same year (2018). Employer wants to move away from universal eligibility for elective deferrals on 403b and add age 21 and 6 months of service requirement. The 403b is plan number 001. So, use 002 for 401k? More issues: Use original effective date of 1/1/2018? Rollover of loans allowed? Does it need to be stated in adoption agreement or not? Does excluding vesting prior to effective date of the plan need to be addressed? Any employee can roll over 403b balance to 401k even if not yet eligible to make elective deferrals under the 401k due to new eligibility rules? Employees' years of service and vesting can continue? Any other considerations on plan document creation or processing/logistics?

When you have a wrap document covering a health plan (6/1/2017 to 5/31/2018) and a separate dental plan (11/1/2017 to 10/31/18), where each benefit has a different contract date and the Form 5500 is due 7 months after the plan year end, which date do you use to figure out the PYE of the required 5500 (over 100 utilizing the benefit) and when the 5500 has to be filed? Thanks for any replies.