"Accountant filed the 6/30/2021 5500 late to stop the running of penalties. Do you think it can be refiled under DFVC program with outstanding 2022 5500 now since no notice has been received yet?"

"In 2022, a 401(k)/PSP client transferred from a pooled account to individual accounts as Vanguard. During the first part of the year, they funded deferrals and also made additional deposits to the account which were used to fund the employer safe harbor match at year-end. The safe harbor match amounts were not calculated based upon a specific time period or earmarked for any specific participant, This is how they had always done it and I see no harm in it. Those employer deposits throughout the year earned money while in the pooled account. After the transfer to Vanguard, these funds were placed in a suspense account and continued to have earnings. The total suspense account, which was comprised of actual money deposited + earnings, was used to fund the annual safe harbor match once it had been calculated based upon full year data. Is it ok that they use the earnings to fund the required safe harbor match contribution? I assume they definitely cannot deduct the earnings portion because they did not deposit it, but am now questioning the use of the earnings altogether to fund the contribution. If we were talking about forfeitures, I know those earnings are used to fund contributions all the time, but is this different?"

"When complying with the new Roth Catch-Up Contribution provision of SECURE Act 2.0, do plan sponsors need to add Roth as an available option for all participants in the plan? It seems like they should, however we work with a plan sponsor that does not want to make it an available contribution type in the plan. Is that permissable?"

"I understand that an in-plan rollover to a designated Roth account of employer securities is treated as a distribution for the net unrealized appreciation (NUA). What are the implciations of that treatment?"

"A new one for me Client has an existing fully funded DB plan. For 2022, I was told that the Schedule C income would be 60k. Suggested a new 401k set up for 2022. Did so and deposited full deferral prior to 12/31/2022. I just got the net C and it is $600 (thankfully DB has no required contribution). So, now have a 27k deposit as of 12/31/2022 but no income to support it. What to do?"