"Apparently, the withholding tax on a distribution made in 2021 was paid in July 2022. How would Form 945 be filed, on a 2021 Form 945 showing amount due? How would IRS know the tax was paid and when paid, or is it up to the client when IRS sends a notice. I don't know if there is a penalty for late filing."

"A Participant in a Self-Directed plan, that is audited each year (100+ ppts), has requested the "Assets held for investment" since receiving the 2021 Summary Annual Report. Is it sufficient to provide a copy of the single page from within the audited financial statement that lists the assets held? All assets are held in Pooled Separate Accounts. This page reflects the 2021 Plan Year (the year requested) as well as the prior year. If so, should a copy of the Form 5500 Schedule D be included, listing all of the PSAs held? Should the plan provide a copy of the Schedule H Line 4i "schedule of assets (held at end of year)" Attachment, as well or in lieu of the above? Thank you"

"Hi I am pretty sure the answer is no but wanted to see if I missed something here. A QRP with excess assets from a terminated DB plan which is allocated every year to the plan participants as PS allocation. The plan sponsor wants to make a contribution/donation to a charitable contribution using some of these assets that are in a suspense account. As far as I know, these kinds of contributions can only be made from IRAs. Just wanted to check and see if anyone has a comment on this. Thank you"

"As BenefitsLink yesterday informed us, this morning’s Federal Register publishes the Treasury department’s proposed rule that would permanently allow remote witnessing of a spouse’s consent, whether to a distribution not a survivor annuity or naming a beneficiary not the spouse. Some plans’ sponsor/administrators and those who advise them might use this as an occasion to reconsider what a plan allows for a spouse’s consent. ERISA § 205(c)(2)(A)(iii) permits recognizing a spouse’s consent “witnessed by a plan representative or a notary public[.]” But does anything require allowing both those means? May a plan provide that only a consent witnessed by a notary public allows something that requires the spouse’s consent? And further, may a plan provide that only a consent witnessed by a notary public who is neither an employee nor a nonemployee contractor of the plan’s sponsor/administrator is recognized?"