Blue Ridge ESOP Associates Industry News

Dolores P. Lawrence, CPA, QKA

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401(k) Pre-approved Plans – It’s Restatement Time

Posted by Dolores P. Lawrence, CPA, QKA

Jul 3, 2014 4:25:55 PM

401k_roadsignIf you are a sponsor of a 401(k) or profit sharing plan, it is likely that your plan documents are in the “pre-approved” category (prototype plan document or volume submitter). Such plans are subject to six-year restatement cycles. The next restatement cycle, referred to as the PPA Restatement period, opened May 1, 2014.

A restatement is a complete re-writing of your plan document to incorporate changes in laws that have occurred since the end of the prior cycle. This includes the Pension Protection Act (PPA), the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART) as well as other changes.

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Topics: Plan Design

IRS - DOL Corner

Posted by Dolores P. Lawrence, CPA, QKA

Jul 3, 2014 4:11:00 PM

The IRS continues its series of focused, limited scope audits. Audit initiatives include looking at:
  • Nonqualified deferred compensation plans. IRS is considering operational and plan document compliance, including compliance with IRC Section 409A. Their examinations will focus on elections to defer the receipt of compensation, plan distributions and funding restrictions.
  • Defaulted participant loans. There is a concern that loans are not being repaid in a timely manner and that some loans are not be getting taxed as “deemed distributions” when a loan goes into default. Generally, a loan goes into default no later than the end of the calendar quarter which follows the quarter in which a payment was missed. On default, the entire loan is taxed as deemed distribution, not just the payments in arrears.
  • For 401(k) plans, ADP/ACP tests that have not been run correctly or situations in which failed test corrections are not made timely.
  • Plans with Roth provisions. There is a concern about deferral and distribution errors due to the complexities of administering Roth provisions.
  • Small employers with multiple plans!   IRS has a concern that there could be a greater risk of error in administering multiple plans. For example, if a company sponsors an ESOP and a 401(k) plan with different definitions of compensation, are there errors in the compensation data provided to third party administrators?
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Topics: Government & ESOPs

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