By Robert Toth on Posted in 403(b),Complex Prohibited TransactionsOne of the continuing confusions in how 401(a) rules apply to 403(b) plan involves the reporting rules related to the correction and reporting on the 5500 of one of the most common errors in any elective deferral plan: the late deposit of those deferrals into the plan. Neither non-ERISA or ERISA 403(b) will ever file a Form 5330. Ever. Even when the VFCP program is being used to correct the late deposit.
Adding to the confusion is that the Form 5500 instructions do not differentiate between 403(b) plans and 401(a) plans. It simply states that all "defined contribution" plans need to file the Form 5330 for late deposits, and pay the penalty tax. … Continue Reading
By Robert Toth on Posted in 403(b)The DOL is about to take the next step, and is considering issue a 403(b) "Frequently Asked Questions" as they have done twice for the Schedule C. The FAQ is to address critical year end 403(b) issues related to reporting and Title 1 status.
While applauding the DOL in its continuing efforts, there is a danger related to one particular issue it may be addressing: the question of how few vendors can be offered by a 403(b) plan (which otherwise qualifies under the safe harbor) without triggering Title 1 coverage.… Continue Reading
By Robert Toth on Posted in 403(b)There are still a number of critical tax issues related to the 2007 403(b) regulations that need to be resolved. For example, the IRS needs to clean up the horrible mess created by the ambiguities of Revenue Procedure 2007-71, and it needs to come to terms with the fact that mutual fund custodial accounts should… Continue Reading