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Tax Consequences of 401(k) Plan Disqualification
The Pension Protection Act Blog 
Oct. 2, 2012
"[W]hat happens when the IRS disqualifies a 401(k) plan?... Most plan documents will say something about how the contributions made by the employer can be returned to the employer if the plan fails to initially qualify, but most plan documents do not address the specifics of the tax consequences of plan disqualification. ... [T]he tax consequences of plan disqualification affect employees, employers, and the plan's trust differently.
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