"Safe Harbor 401(k) with SH match, Roth and pre-tax deferrals; PS contributions allowed but none made. Plan assets are held in a pooled account with annual valuation. 100% owner has 2/3 of plan assets allocated to him as of 12/31/2018; 2019 deferral contributions show roughly same percentage being contributed by owner. Owner/plan sponsor wants to amend plan document to add plan loans, so that he can take out maximum loan. He is aware that this opens the door for plan loans to other participants. My question: In an account with separate accounts, interest from loan repayments would be allocated to the participant who took out the loan. In a pooled account, is the loan considered just another plan asset, so that the interest is allocated across all participants? Or is it allocated only to the participant who took out the loan? Also, are there fiduciary issues related to the fact that the owner has 2/3 of plan assets allocated to him?"

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"A participant wants to make an after-tax contribution to the plan and then, roll that out the next day to a Roth IRA. It would sit in a holding account and have no earnings for the one day. The 401(k) plan does allow after-tax contributions and Roth deferrals. The participant is over 59.5 and the plan allows in-service of after-tax money at any time. Assume the plan does not have a testing issue with ACP. I believe that is possible using a code G on the 1099R and none of it would be taxable b/c no earnings. Is this right? Seems too easy to go around the Roth IRA limits."

"A client terminated his cash balance plan and paid out a few participants who also terminated employment. A couple of years later he wants to revive the plan. Is it possible to un-terminate and restate the plan or just restate the plan effective January 1, 2019? trying to avoid having a totally new plan if possible."

"Code Section 401(d) provides that contributions on behalf of an owner-employee (someone who owns 10% or more of a business) must be made with respect to his/her earned income from the employer that sponsors the plan. Do contributions on behalf of a self-employed individual who is not an owner employee (i.e., who owns less than 10% of the business) also have to be limited to earned income from the employer that sponsors the plan? Under Code Section 415(c)(3)(A), compensation for 415 purposes is 'compensation of the participant from the employer' but under 415(c)(3)(B), compensation of a self-employed individual is determined by substituting the participant's earned income for 'compensation of the participant from the employer'. 415(c)(3)(B) doesn't say earned income 'from the employer', and I can't find anything else suggesting earned income of a self-employed individual must be only from the employer that sponsors the plan. Any thoughts?"

"An accountant has asked if a new 401K with no employees, non-safe harbor, can be set up for 2019 for three partners under the following circumstances: Three attorneys set up their own PLLCs 7/1/2019, no eligible employees, so safe harbor not needed. Accountant wants them to have a 401K for 2019. Each worked for the same law firm prior to 7/1 and one made contribution to another 401K, one to a 403(b). Obviously, the 402(g) limit comes into play. I don't see how a 401K can be set up by 12/31, either with an effective date of 1/1/2019, 7/1/2019 or even 12/1/2019, but the accountant is telling me another TPA firm says this will fly. I don't see how."