"Has anyone ever encountered the situation where an unused forfeiture account reverts to the employer on plan termination? Got asked this question today and in all the years I've been a TPA, I've never seen it."

"All subs participate in the same 401(k) plan, which includes catch ups. In Sub 1, all catch-up eligible participants have their contribution limits automatically increased at the beginning of the Plan Year. In Sub 2, all catch-up eligible participants are given notice that they need to actively elect catch-up. They are given a notice at the beginning of the year and a follow-up mid-year. Accordingly, if someone in Sub 2 elects to defer 6% of comp, and that equals $30,000, they will be cut off at $22,500 unless they have actively elected catch-up. That same employee in Sub 1 would have the full $30,000 contributed, without ever having elected catch-up. We plan to make all catch-up administration consistent for future Plan Years, but what about this Plan Year? Is this a problem? If we change administration this year, does that create a problem where we otherwise wouldn't have one? If this is a problem, what is the solution?"

"We filed From 5558 for a plan sponsor using the EIN it had been using in past years. The sponsor elected S corp status for 2022 and wrongly assumed the EIN would not change. The plan sponsor said the EIN (old one) on the 5500 now to sign is wrong. But if we use the new one -- it wil not link with the 5558. I was thinking of filing under the old EIN. That will not raise any red flags. At this point any late filing penalty is small -- 10 days which we can eat but I'd rather not go there. It is an EZ by the way. Any suggestions?"

"Financial advisor asked if this client he has can sponsor a SEP IRA with one of his businesses and a 401(k) with the other? There are no employees."