"Curious to know what action (if any) should be taken in this case. Employee makes an annual DCFSA election of $4992 back in January of this year. Given the timing of this election, the benefits system calculates that $208 per pay should be taken from the employee's check based on the 24 payroll deductions. Unfortunately. the deductions don't start from the paycheck immediately and only 22 deductions were made. Only $4576 was taken from the employee's paycheck. This error was only discovered after the last paycheck of 2023 was processed, so there is no easy way to catch-up on the missed contributions. Given that every dollar that was taken from the employee's paycheck was properly deferred to the DCFSA, is there any action needed? With no additional payroll cycles left, what options would be available to correct 2023?"

"3 software developers worked 10 years as independent contractors for 'Business Software Company' that was 100% owned by 'Investment Company'. There were no Employees of Business Software Company or Investment Company. In 2022 the 3 developers, as a new partnership 'Partnership' purchased 75% ownership of Business Software Company, each partner now owns 25% and the remaining 25% still owned by Investment Company. The Software Company appears to be unrelated to Investment Company. The 3 independent contractors may/may not have had individual 401(k) Plan (we were told one possibly has one). One of the partners of the new partnership came to us looking to start a new plan. Should we be concerned about the successor plan rule?"

"NHCE Participant in a small, successful office where all other employees are HCEs. Eligible for entry into the 401k Plan in July 2022. Terminated employment in October 2022. Participant claims they were never offered the opportunity to participate in 401k. No automatic enrollment, Safe Harbor Non-Elective contribution was made for the participant for the Plan Year. IRS Guidance says correction is a QNEC for 50% of the missed deferral, calculated on ADP of other NHCEs and applied to their compensation from the period of time in which they were excluded. How do I calculate that amount if there are no other NHCEs? Do I use the ADP for the HCEs, since they are the only group? Or is there a Safe Harbor percentage that I would use?"

"If a plan terminates, and the plan had heretofore stipulated a concluding day of the plan year condition for eligibility for an allocation, and the effective date of the plan termination occurs prior to the hitherto calibrated end of the plan year, prima facie the last day of plan year employment eligibility condition resynchronizes to the effective date of plan termination. Please provide guidance on this situation."