"If there are plan assets reverted to the employer in 13a on the Form 5500-SF, where should those be in the financial information (7-8)? I am thinking they would go in 8d (Benefits Paid) but I could not find any guidance for this."

"We were introduced to an accountant in March of 2024, who was looking for a new TPA. She has clients that needed annual reviews and 5500s, Schedule SBs, etc. We quoted the numbers and typically wait until the clients' tax return are due before preparing our work. Well, October 1st comes and this woman demanded that since she gave me new clients, I had to do her clients' work first. I was paid in advance by 3 of these clients, and quoted contributions and prepared Form 5500 for all of these. The accountant pulled all this new business on the grounds that I wasn't fast enough; the clients that paid in advance demanded their money back. Now she is asking for the valuation reports and Schedule SBs for the others, that I had not billed, so they obviously didn't pay. I consider any work I do as my work product, until I release it, which will then become the clients' once I am paid for my services. I was not paid, I believe I am under no obligation to release anything, especially the Schedule SB, for which I pay my actuary for signing. Any opinions?"

"We have a plan amending to add the profit sharing/nonelective contribution account as eligible for in-plan Roth Rollovers. This will apply to both distributable and non-distributable amounts. The plan only permits a participant to withdraw this money in-service if they have reached the plan's NRA, which is 65 plus 5 years of participation. This in-service withdrawal provision should be carried over for any profit sharing amount that is converted to a Roth Rollover. I am being told that for amendment purposes, we can only have age 65 and not the 5 year requirement as the in-service withdrawal provision. I am not seeing this restriction in the plan document. Is this a regulatory restriction on in-plan Roth Rollovers?"

"Have a 45-Participant Plan terminated effective March 2024. 6 of the Participants could not be located. Plan Sponsor sent the funds to Inspira, formerly Millenium Trust. Accountant says that each of the 6 Participants mus receive a 1099-R, even though technically they have not received the money. I agree that the money is out of the Plan, BUT is Inspira responsible for the 1099-R when the money is paid to the Participants?"

"Client has a 401 (k) Plan with 3% Safe Harbor. Owners are not going to contribute to 401 (k) in 2025, till the Plan Terminates. Both Highly Compensated and Non Highly Compensated will continue to defer. Is an amendment required? Material Modification?"

"Owner and one employee have 3+ years of service. Owners spouse is hired 1/1/2025 and there are no other employees. If I disaggregate for testing, the Otherwise Excludable portion of the test passes by default so I can give the spouse whatever percentage of pay I want. The owner's comp is $250K. I can give the spouse say $85% of their $50,000 or so and as long as my total contributions are within the max deductible, I should be good. This is seems to good to be true but it seems to me that it will work. Anyone think I am wrong here?"

"I have a client who is the owner of a business -- who also provides consulting service as a separate company to said business. He is owner of both businesses. Business number 1 is set up as a Safe Harbor Non-Elective plan with 10 employees. The client wants to contribute his max deferral (comp $350k) of $23,500.00 plus receive his 3% NE SH of $ 10,500.00. So for business 1 -- he would have contributed (or received from the company a total of $34,000.00. In business 2 -- the client is the only employee -- he wants to set up an After Tax contribution in the amount of $36,000.00 so he can max his total contributions at $70,000.00 for the year. He also earns a separate $350k in this business. After Tax contributions are tested in the ACP test of business 2 -- but since the plans do not have to be aggregated for ACP Testing -- what is to stop him from doing this? It seems like he could just skip providing any Employer Contributions to business 1 (outside of the SH NE 3%) without failing any testing. What am I failing to see?"