"If someone is having some cash flow issues and want to freeze their cash balance plan for only 1 year, is that an issue? ... It would be for 2025, since no one has worked 1,000 hours for the year."

"DB plan received an IRS compliance check for non filing of 5500. They didn't respond in time and now received a notice that that since they did not hear from the sponsor they are referring the case for examination consideration. And you will be notified if your return is selected for examination. Could the sponsor still file now with the DFVCP? And would this help stop further action?"

"The sole owner of an S-Corp is depositing 401k and safe harbor match every 2 weeks. His W-2 for 2024 supports his contributions. I'm fuzzy on this part.... I was told that the payroll company processed a one-off payroll for $75,000 on 12/27/2024 in order to support his 2024 contributions. His W-2 showed $75,000 in total compensation and a $30,500 401k contribution. The CPA tells me it's ok because the IRS just wants to see that a W-2 at the end of the year supports the contributions. Is an S-Corp owner not issued an official paycheck each pay period with the various payroll taxes deducted for that pay period? The CPA said it's better from a tax perspective to run one payroll at the end of the year so that the W-2 supports the owner's contributions and the W-2 reports reasonable taxable compensation. Maybe this is semantics but I don't understand how a paycheck isn't process for an S-Corp owner throughout a year and one can be run at the end of the year to report W-2 compensation for the prior 12 months. Is this ok?"

"Does any one have a link to a google sheet or a spreadsheet they could DM me that in which family attribution can be specified prior to calculation?"

"We have a plan that's coming over that's current matching formula is: '133 1/3% of the first 3% of contributed eligible compensation, plus 100% of the next 3% of contributed eligible compensation' Question 1: I've never seen a matching formula in excess of 100% of compensation, so I wanted to confirm that this was acceptable. Question 2: They've asked about increasing the matching formula. Can they simply do 133 1/3% of 100% of contributed eligible compensation? Or is there a maximum of 100% of compensation?"

"I got an email from a client concerned about how much data is public on EFAST2. They have had this plan since the inception of EFAST why now I don't know. The CEO is saying he was reading on all the instructions that he saw something that said you could request some or all of your data to not be made public. I couldn't find anything in the instruction or on the website talking about this. I thought I would throw it out here before I go back and say, 'can you show me what you are reading' if anyone has heard of this? I mean if you could do this every company would try and it would be more common knowledge around a firm like I work at which has hundreds of employees. Have we missed the boat on this somehow?"

"Internal Revenue Code Section 414A, which sets an automatic-contribution arrangement as a tax-qualification condition for a Section 401(k) arrangement, does not apply 'earlier than the date that is [one] year after the close of the first taxable year with respect to which the employer maintaining the plan normally employed more than 10 employees.' I.R.C. Section 414A(c)(4)(B). Section 414A does not define what 'the employer maintaining the plan' means. Section 414(b)-(c)-(m)-(n)-(o) specifies several tax Code sections for which more than one organization or business might be treated as one employer. But Section 414A is not among these. Imagine a business organization is setting up a new plan with a new Section 401(k) arrangement. Even counting owners, this organization has only six employees (and is unlikely ever to have more). The organization is commonly controlled with several other organizations, each of which has a separate retirement plan. (Assume none of coverage, nondiscrimination, or top-heavy is a worry.) The common-control employer has hundreds of employees. If you advise this new plan sponsor, what do you say about whether it must or need not make its Section 401(k) arrangement an automatic-contribution arrangement?"

"My husband went through a nasty divorce. He did what was ordered by the Court, she received over $200,000 for house and he paid child support- never late. Part of the divorce was he get half of her pension, 401K from Disney. For years, it was a cat and mouse game where ex-wife and Disney Fidelity would not disclose the name of her plans. Discovery, subpoenas filed (this was back in 2005). Finally in 2022, my husband got an award from Disney Fidelity. Not much, but it was purpose. Now in Feb, we get a letter from Disney Fidelity that ex-wife is trying to retire but her funds are being held up. Trying to speak to somebody from Disney Fidelity QDRO dept is virtually impossible, but we did get this one guy who was super helpful and although couldn't come right out -- told my husband to do another QDRO because she had another plan which he could be entitled to. My husband and his previous lawyer back in 2005 always felt she hid money. His ex-wife has hired her new 5th lawyer and they are trying to do a Motion to Vacate the original QDRO back in 2005. My question is that the QDRO would apply to the plans the ex wife had during their marriage of 1988 to 2005, I don't understand why the guy from Disney Fidelity told us to subpoena Fidelity for her plan subsequent to 2005? Why then? Any advice would be so helpful."

"Client filed for bankruptcy, has an underfunded plan, so PBGC is assuming administration/becoming trustee of the plan. A final IRS Form will need to be filed. Who files this? Is it the bankruptcy trustee? PBGC says they would not file, although they would file the final 5500."