Here are the most recently added topics on the BenefitsLink Message Boards:
PFranckowiak created a topic in 401(k) Plans
Late Contributions of Deferrals
Finish Your Certificate in June!
dv13 created a topic in Nonqualified Deferred Compensation
Can a Nonqualified Plan Allow the Deferral of 'Guaranteed Payments'?
irsiscrazy created a topic in Retirement Plans in General
Supplemental Executive Retirement Plans: Year-End Reporting to IRS
Ny created a topic in Other Kinds of Welfare Benefit Plans
Employment Ended, Employer Refuses to Send Last Paycheck Due to FSA Transactions
tja created a topic in Governmental Plans
Governmental Plan: Refund of Employee's Post-Tax Contribution at Death
Doghouse created a topic in Correction of Plan Defects
Improper Rollover of 401(k) Account to IRA
Sydney created a topic in 401(k) Plans
Common-Law Employee with Wholly Owned Side Business: Maximum Deferral Amount?
Wessex created a topic in 401(k) Plans
Uninsured Short-Term Disability Payments: Treated as Compensation from Employer for Plan Purposes?
WCC created a topic in 401(k) Plans
Employer Can Lower Employee's Compensation by Amount of His or Her Matching Contribution?
2. Facts and circumstances test for non-partners.When an election to waive or vary a contribution is offered to common law employees(including the common law employees of a partnership or sole proprietorship), the existence of a deemed CODA depends on the particular facts and circumstances. The IRS does notapply to common law employees the automatic deemed CODA rule described in [1] above. This is true even for shareholders of a corporate plan sponsor who are participants in the plan because they also are employees of the corporation. However, the election by a shareholder of the corporation to waive or vary the employer contribution made on his behalf to the qualified plan will be carefully scrutinized by the IRS. The IRS warns its field agents of this situation in its audit guidelines in Announcement 94-101. The guidelines include the following example to illustrate this issue.
2.a. Example.A profit sharing plan permits an employee to elect in or out of participation on an annual basis. For a 3-year period, Employee C elects out of participate for the first of such plan years, and then elects to participate for the other two plan years. Employee D elects to participate for the first and second of such plan years, and then elects out for the third plan year. C's and D's salaries increase and decrease for each of those years in a way that is roughly analogous to the contribution that would otherwise have been made to the plan. The guidelines state this arrangement is probably a CODA, but, if the facts and circumstances suggest that the changes in salary have nothing to dowith the elections, it may notbe a CODA. If C and D are shareholders of the corporation that maintains the plan, it will be difficult to prove that the elections do not have any effect on their salaries from the corporation.
3. Tax consequences of a deemed CODA/treatment as nonqualified cash or deferred arrangement.When a CODA is deemed to exist in a qualified plan, the contributions made to the plan pursuant to the CODA are taxed to the employees that are deemed to have elected those contributions, unless the CODA satisfies the requirements of IRC
coleboy created a topic in 401(k) Plans