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BenefitsLink® Message Boards Digest

August 9, 2024

Here are the most recently added topics on the BenefitsLink® Message Boards

Buckwheat29 created a topic in Employee Stock Ownership Plans (ESOPs)

ESOP Return of Capital Dividend in Pass-Through Dividend Plan

"Have a publicly traded C Corp ESOP Plan that has been doing your regular run of the mill Dividend Pass through process for awhile now on their quarterly cash dividend. Was recently notified that last year they filed multiple 8937's and the dividends for the past year were actually Return of Capital Cash Dividends. Never had this occur in any of my C Corp Plans in 25+ years of ESOP Administration. What impact would this have on the Dividend Pass through process if any? Is this type of Dividend even eligible for the 404(k) deduction and to be passed through to participants? Client is asking what our process would be to amend the 1099R's for 2023, given that Return of Capital Dividends are non-taxable and reduce basis I believe. 2024's tax history can still be modified at this point. The Dividends paid quarterly are well below the stock basis on file for each participant."

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Jakyasar created a topic in Retirement Plans in General

Am I controlled group?

"I am 79% owner of a c-corp, other 21% owned by my siblings I am also a 100% owner of an LLC I am not a CG, correct? It is not relevant how the LLC is taxed. No ASG issues."

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Basically created a topic in Retirement Plans in General

How to Structure a 'Designated Roth Account'

"The IRS says that Roth deferrals must be kept in a Designated ROTH Account.... Do they mean a designated Roth investment account ... an individual brokerage account all it's own? OR, are they saying that we need to keep track of the Roth contributions on paper in its own account -- that an employee can have one big pooled brokerage account with ROTH and pre-tax money as long as our accounting software keeps track of it on paper?"

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