The ASPPA code of conduct reads in part as below. Let's say someone hasn't paid for the 2018 valuation, am I obligated to provide it? If not, am I obligated to provide, say, the 2017 val (which was sent to the client already)... the plan document (also sent to the client already)? I asked the question about "work product" once and was told that is notes and calcs and stuff that are just in our files: "B. When a Principal has given consent for a new or additional professional to consult with a Member with respect to a matter for which the Member is providing or has provided Professional Services, the Member shall cooperate in assembling and transmitting pertinent data and documents, subject to receiving reasonable compensation for the work required to do so. In accordance with Circular 230, the Member shall promptly, at the request of the Principal, return any and all records of the Principal that are necessary for the Principal to comply with federal tax Law, even if the Member is not subject to Circular 230. The existence of a fee dispute generally does not relieve the Member of this responsibility except to the extent permitted by applicable state Law. The Member need not provide any items of a proprietary nature or work product for which the Member has not been compensated."

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We're looking at taking over a plan that is a spinoff from a MEP. The MEP allowed for loans, but the employer does not intend to include loan provisions in the new plan. Would this be able to be treated like a plan termination offset situation for the few participants who have loans, allowing them to begin rolling funds into an IRA to replace the loan offset? Or is there some anti-cutback rule that I am not thinking of that would require the employer to allow the participants with loans to continue their payroll deductions for loan repayments into their accounts in the plan until all are repaid? Thanks!

Can a 401k plan limit pre-59 1/2 in-service distributions to employer matching contributions that are invested in the employer stock fund only? The plan currently does not allow pre-59 1/2 in-service contributions at all so there would no anti-cutback rule issues. The sponsor is considering eliminating the employer stock fund from the plan, but would like to give participants an option to keep the stock if they wish. Thanks in advance for the assistance!

Is there a deadline for a sole proprietor to deposit his 2018 after-tax contributions? He files Schedule C on extension. Can the 2018 after-tax contribution be made on 10/15/19 when he files his return? Assume the 401(k) plan allows after-tax. No other employees. He is not over his 415 limit. Just looking at the timing of the deposit. I think rank and file participants would be ASAP and fall under the same umbrella as other employee contribution timing.

We have a grandfathered split dollar arrangement based on a modified endowment contract (MEC). The employer is entitled to the premiums paid (without interest) upon surrender of the contract or upon death. At this point, the employer (which is a tax-exempt organization) would like to get out of the contract, by either taking its share as a loan or by taking a cash withdrawal of its share. At that point, the employee would own the contract. The issue is what the tax consequences of this would be. Normally, distributions from an MEC are treated as coming first out of income (taxable) and only after that out of basis (nontaxable). However, in this case, the party taking the distribution would be a tax-exempt organization. Does anyone believe that either a) the employee would be taxed on the amount withdrawn, even though it is the employer getting the money, or b) the employer would be subject to UBIT on amount withdrawn?

The expanded EPCRS correction for loans under 6.07 seems to contemplate a loan correction scenario in which the Employer would be required to make the loan payments in the case where the Employer caused a default (due to failure to withhold payment). Has anyone had this scenario where the employer did make the loan payment? Was it self corrected or did they file a VCP?