"What is the best method to correct this? I haven't seen this one before."

"Sch D is needed only when plans invest in MTIAs (master trust investment accounts), GIAs (group insurance arrangements -- I assume referring only to welfare benefit plan), CCTs (common or collective trusts), PSAs (pooled separate accounts) and 103-12 investment entities (whatever they are). which along is extremely puzzling. The Wolters Kluwer 5500 Preparer's Manual indicates under the Who Must File Schedule D outlines when Sch D must be filed for investments in the above and indicates their related asset reporting lines on Sch H -- 1c(9) through (12). So I assume when those lines have no value, then Schedule D is not needed. Our plans generally have almost all assets reported under (13) for mutual funds. So it seems for plans on Ascensus, Hancock, Empower, Principal, American Funds, etc., generally Schedule D is not needed if the plan assets are held in mutual funds and have no reporting on the Sch H lines mentioned above. Comments are appreciated."

"We have a tax client that decided to use an ROBS to fund a franchise investment. They used a promoter; when I got the promoter on the phone and asked if they were a TPA, she explained they are a 'partial-TPA'. ???? Basically, they do all the plan doc, compliance, DOL/IRS filings and client communication BUT no heavier service models (no 3(16), etc.) and rely on the PS to track and pass required PP docs and track eligibility. Waiting on AA and plan doc to review; 5500 was said to be filed for 2022 but I have not personally reviewed yet. We're obviously going to be super sensitive to PT issues of ROBS (owner comp in the c-corp reasonable, no PII loans, etc.), and with the understanding the IRS has a compliance program specifically for ROBS plans. I have been asked to source a RK, provide 3(38) services (I am an RIA/IAR and have plenty of plans we act as 3(38) on), and assist with enrollment. This is a 120+ EE plan. Anyway, plan has been up since 2022, investment in the private c-corp franchise was done in 2022 and in 2023 (in a couple of months) they'll have their first 1-year EEs becoming eligible. As best I can tell, everything else is above board with the 'partial-TPA's involvement. There is currently no RK on the plan as until a couple months from now there haven't been any eligibles. The 'partial-TPA' advised that the company is already too large for them to handle and suggested we find another. I've already spoken to a TPA I have a long-standing relationship that is very familiar with these ROBS designs. I am also sourcing RKs and making sure they are OK to work with an ROBS plan. The client company so far has been quite successful, and we are preparing valuation firm for ongoing valuation of the c-corp stock purchased by the owner/EEs with their rollover into the plan. Just wondering if anyone has had any experience with these? Is there anything from a tax/advisory perspective that I might not find in easily accessible in my research that I should know about?"

"If a plan document was restated and removed the early retirement age provisions (fully vested and entitled to a contribution if terminated and met ERA), is this a protected benefit for those plan participants prior to the restatement."

"A distribution will be paid 10/1/2023 from a non-governmental 457(b) Plan. The total amount of distribution will need to be reported as taxable wages on the W-2. The distribution will be paid directly from 457(b) account to participant. [1] If this is eligible compensation under the document, how can an employee defer from this as it is not actual compensation being paid via a paycheck? [2] Is there any ability to have taxes withheld from the payout or not? I expect not, since no 1099-R ... [3] Do I understand the process correctly, which I believe is to pay from the account, but report on a W-2? Or should the distribution not be paid from the account and instead paid in ta paycheck with tax withholding (aside from previously withheld FICA)? If the latter is the case, does the amount in the 457b account get paid directly to the employer?"