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BenefitsLink® Message Boards Digest
May 30, 2024
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Here are the most recently added topics on the BenefitsLink® Message Boards
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KEC79 created a topic in Other Kinds of Welfare Benefit Plans
"Can a partner who receives a k-1 from a partnership participate in an HRA? Partnership is setting up a fertility HRA and would like all employees and partners to be eligible."
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Belgarath created a topic in 401(k) Plans
"The 401(k) regulations are very clear that the sole prop (or unincorporated partner, for that matter) must complete a deferral election no later than the last day of their taxable year. Very common for such a deferral election, if it doesn't specify a specific dollar amount or percentage, to say 'maximum' or something similar. Now, suppose a sole prop has an election where s/he specified 'maximum.' But once
Schedule C income is known, s/he does not want to contribute the maximum, for whatever reason. Is this a problem? If instead, the deferral election said something more along the lines of, 'an amount from zero up to the maximum allowed' or something along those lines, is this an acceptable election? Curious as to whether anyone has EVER seen or heard of the IRS opining on the issue."
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Numb3rsGame created a topic in Form 5500
"Can someone explain to me why fees associated with Insurance Services would fall under the new line 2(i)5 'Investment Advisory and Management Fees'? No where in the 2023 5500 Form Instructions does it say this nor in the 5500 Regulations site. Shouldn't insurance service type fees just fall under 'Other' for expenses on the Schedule H P2?"
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AlbanyConsultant created a topic in Plan Terminations
"I know that SECURE 2.0 allows you to terminate a SIMPLE IRA and start a 401k/SH plan in the same year after 1/1/24, but what about the other way around? The fact that I'm not finding that you CAN do it makes me think it's not allowed."
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Tom created a topic in 401(k) Plans
"We have a small plan whereby each participant has a separate broker account. We directed the financial advisor to deposit into each person's account their 2022 employer contribution in Sept 2023 and actually again in Feb 2024. It did not get done until May 2024. The contribution was made to the plan on time for tax purposes -- deposited into a general fund plan .account. The financial advisor has agreed to deposit lost
earnings. The FA is now getting into areas that in my opinion they should not -asking us if Form 5330 is needed and if the 2023 5500 needs to be amended to reflect the earnings receivable. I do not see anyway to report this on Form 5330. The employer did not benefit so it is not a prohibited transaction. As for the 5500, I lean toward just showing the earnings on the 2024 5500 since that is when they will be deposited. I suppose we
could split our calculation between Oct 1 and Dec 31, 2023 and show that as a receivable and amend the 5500 but that seems unnecessary. It is filed on an accrual basis since we add in the employer 2023 contribution receivable even though not paid until 2024. Thoughts?"
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