"DOL initiated audit of a 401k plan. We have a resolution letter from the DOL. The DOL calculated the lost earnings on the delinquent deposits and determined that the plan still needs to deposit $2,500 in unpaid contributions. The delinquencies span several years. The employer (a non-profit) will make the deposits by the end of this week. [1] The IRS hasn't knocked on the door yet. Can the plan go through VCP? The plan is not under IRS investigation but just completed the DOL investigation [2] Can one VCP filing cover multiple years or do you have to file an application for each year? [3] Failure to file 5330 -- is this eligible for VCP? [4] Late deposits -- is this eligible for VCP? [5] There is an option on Form 8950 to request a Pre-submission conference request. Is this more trouble than it's worth? Should a VCP application and proposed correction be submitted along with the fee and skip the conference? Could the IRS decline a conference and come after the client?"

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"Being paranoid here late at night. Joe owns ABC corp 100% One of the ABC employees is Joe's adult son, Harry in addition to many other employees. Joe and Harry started a partnership (LLC) in 2023 50/50 -- no employees. LLC has nothing to do with ABC corp, no business transactions, no income exchange, no nothing. Do they have controlled group issues as they want to set up a DB plan for the LLC?"

"An Employer has a pooled PSP that holds, among other assets, raw real estate as well as trust deeds. She would like to amend the plan to a self-directed 401k with brokerage accounts, however, she would like to keep the RE and trust deeds -- is there any way to do this without having any kind of pooled arrangement? Could she allocate these assets in the brokerage account to all the participants like a stock, or possibly allocate them all to herself if the plan never adds any more of these types of investments going forward?"

"Recently we have run into a participant who does not believe she is eligible for benefits from the pension fund. After our review, we believe she is vested. However, we are in receipt of a letter from the participant stating she will not fill out any paperwork and does not believe she is eligible for a pension. Under the terms of the plan, participants are required to make an application for benefits. Additionally, the participant has requested that the pension fund office cease sending her letters and calling her regarding her application (or lack thereof). My initial thoughts are that if the participant does not want to make an application, there is no requirement that the NEED to apply."