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About Reporting Those Late Deposits to 403(b) Plans
The Business of Benefits
[Guidance Overview] Oct. 9, 2013
"Though late deferrals to an ERISA 403(b) plan do need to be reported under the Compliance portion of the Form 5500 Schedule H or Schedule I, Form 5330 cannot be filed -- in spite of the silence in the Form 5500 instructions.... Late ERISA 403(b) deposits are, however, violations of ERISA's prohibited transaction rules under ERISA Section 406. This means that the DOL's Voluntary Fiduciary Compliance Program (VFCP) does apply to these deposits.... [M]any auditors pick up the posting date of the contribution to the participant's contract, and claim that the late posting represents a late deposit, and a prohibited transaction. This is not the rule."
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