"Joe owns XYZ Real Estate 100% (corporation) and has a DB/DC plan - no employees. He gets a W-2. Joe forms another entity with Moe (no relationship to Joe) 50/50 ownership, ABC Real Estate. The income is thru commissions. This is an LLC taxed as partnership. Neither partner gets a K-1 showing any earned income. Joe's commissions earnings from ABC RE, LLC are paid to his company XYZ RE and this income is the major source of income XYZ RE. No CG issues, how about ASG?"

"I have a participant who has a legit hardship. His wife has become disabled. The medical and credit card bills are getting out of hand because his state is dragging their feet with any state benefits. Simple question... just want to be sure... it's just like any other distribution, correct? Taxes need to be withheld (20%). The 1099-R will be coded properly and if there is no exception he will pay the excise tax when he does his personal taxes. Am I correct? Missing anything?"

"My employer changes pay roll companies almost every other year, same with medical benefits and 401k plan companies.... 401k company 2023 I had a loan for around $24,000 and then after last paycheck in 2024 employer moved to new company.... My money from 2023 401k was moved finally. But my loan wasn't moved. So now I have spent hours on the phone with both 401k 2023 and 2025. Since I am in black out on 401k plan now I can Not view anything. I can now view my 401k plan 2025 and it shows no loan what so ever, I have called 401k 2025 and they say they see nothing about a loan.... My direct boss also has a loan same 401k company and all of his 401k money and loan balance was moved.... Today is last day of black out.... For the last 3 pay periods it says on my check that $220.12 was removed to pay my loan. So now this is 3 pay periods. So just over $660 of my hard earned money was removed from my check and no one knows where it is.... It is not the fact this Friday my wages are missing $880 it is the fact that 401k company 2025 has said I could be found in default. A 20% penalty, ... Any ideas on how I can get some help? I have all phone calls and emails and notes for this problem."

"Plan will be increasing match but i wasn't sure if there is a 30 day notice requirement for the SMM."

"We are filing delinquent Form 5500 for 2003. The instructions state that you can attach Schedule P to start the statute of limitations. Is there any benefit to attaching the Schedule P for those early years? What has everyone else been doing?"

"A client funds the basic safe harbor match. The plan is top heavy. If they want to provide PS to select employees who are not key and not HCEs, would that trigger the top heavy 3% for those non-key who are not receiving the safe harbor match? Seems it would. But seems an unintended top heavy consequence."

"With the new self-certification rules, are there penalties for approving a hardship that is later determined to not be a hardship? Assuming the TPA/Plan Sponsor has no reason to suspect the request doesn't qualify for hardship. It is my understanding that the old rules required the employer to re-deposit the ineligible hardship."

"S/E participants have their compensation determined after the end of the year, but they need to make a deferral election by the end of the year. It seems to me that if they are in a plan that is subject to mandatory automatic enrollment, then if they don't complete a deferral election of some kind by 12/31/xx, then they are subject to the automatic enrollment percentage and that is they only deferral they can do for the year. This is mostly true for a new partner who joins the plan -- when they first become eligible, they may not necessarily need to complete a deferral election form as soon as they become eligible (though it would be smart if they did), but definitely something should be in place before the end of the year. If they choose to defer during the year, then obviously it must be pursuant to a written election form, and therefore they are out of the mandatory automatic enrollment rules. So that's fine. All the usual caveats about evergreen elections vs. ones that are specific to the current plan year and wording them to allow the maximum each year, etc. apply. If a deferral election form says 'I want to defer $X for 2025', what about 2026? Is there no deferral election, and therefore they are teetering on being subject to the mandatory rules again (until they make a new election)?"