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Message Boards Digest

September 19, 2022

Here are the most recently added topics on the BenefitsLink Message Boards:

ChevChase created a topic in 401(k) Plans

Solo 401(k) 5500-EZ Filed Through IRS Relief Program -- Still Subject to DOL Penalties?

"I need to file two 5500-EZ via the IRS relief program, dating back 7 and 8 years, when my solo/individual 401k exceeded $250k (I was ignorant of the requirement to do this).

The $500 penalty per submission is a bargain compared to the alternative.

What I don't understand is why the Department of Labor DFVC program doesn't also cover solo 401k's 5500-EZ submissions. Won't the paper submission of the delinquent 5500-EZ via the IRS relief program almost certainly trigger an insanely high penalty dating back 7 and 8 years from the DOL as well?"

2 replies so far   |    Click Here to Add a Reply

austin3515 created a topic in Form 5500

PS Plan Established on 9/16/2022 for 2021 -- No Income Tax Filing Extension Has Been Filed

"Retirement Plan set up for the first time today, effective 2021. Therefore no extension was filed. I have checked the box indicating that the plan was adopted retroactively under SECURE Act.

Should I indicate in the 'Special Extension' box 'SECURE Act Section 201'? Seems like the most practical approach. Perhaps the IRS has even already issued something about this?"

2 replies so far   |    Click Here to Add a Reply

cathyw created a topic in Defined Benefit Plans, Including Cash Balance

Add Retroactive Benefit for an HCE to Fix a 401(a)(26) Failure?

"A cash balance plan excludes all HCEs except the owner. The plan defines the contribution credit for Group 2 (all participants other than the owner) as 0.5% accrual to cover meaningful benefits. All NHCEs are participating but the 40% coverage requirement of 401(a)(26) isn't satisfied for 2021. The only way this can be cured is by making one HCE a participant retroactive to 2021. Can this be done by an 11(g) amendment naming one HCE a participant, or will that be deemed discriminatory because effectively the amendment is granting an accrual just to one HCE? Must this go through VCP?"

1 reply so far   |    Click Here to Add a Reply

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