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August 12, 2024

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

Gilmore created a topic in 401(k) Plans

Late Deposits to Owner-Only Plan

"Owner-only plan. Accountant was taking 401(k) deductions from payroll for the owner. Owner was not depositing the deferrals. Question: do the late deposit rules apply to an owner-only plan? We can certainly work up some lost earnings and prepare a 5330, but is it required in this instance?"

5 replies so far   |    Click Here to Add a Reply
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DB Plan Sponsor created a topic in Defined Benefit Plans, Including Cash Balance

Allocation of Surplus from Suspense Account to QRP for 7 Years

"I have a fully funded DB plan (DBP) for my single member LLC taxed as an S-Corp. I have stopped contributing to the DBP to avoid over funding it. The max lump sum for the DBP is less than the current market value of the DBP assets. So, if I terminate the DBP, there will be a surplus. If the surplus reverts to my S-Corp, there will be 50% excise tax on it. I have a solo 401(k) plan for my S-Corp. So, I could: [1] designate this plan as a qualified replacement plan (QRP) by amending the plan document. [2] set up a suspense account for the QRP. [3] transfer the surplus to the suspense account. [4] allocate each year from the suspense account to the QRP. After 7 years, if there's a balance in the suspense account, there will be 20% excise tax on it. But I'm not sure how much I can allocate each year from the suspense account to the QRP. I read some discussion threads here which said the following. Each year one can allocate 100% of salary subject to the 415 limit for the year. So, is this correct? Also, can one use instead, an allocation formula based on years of service? I first started paying myself salary 18 years ago when the LLC became an S-Corp. It's also when the DBP was set up."

2 replies so far   |    Click Here to Add a Reply

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