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Reish Luftman Reicher & Cohen's IRS Technical Tips

Welcome to IRS Technical Tips!

On the 8th and 22nd of each month, we post a question-and-answer here, as a service to tax-qualified plans' technical advisors -- administrators, actuaries, attorneys and others. These postings are selected from answers that have been given by representatives of the Internal Revenue Service to questions asked at employee benefits conferences.

Technical Tip 150: Using Corrective Amendments to Preserve Cross-tested Allocations Determined Before Year End
(Posted October 4, 2005)
Technical Tip 149: Plan Sponsor Responsibilities Regarding Erroneous Distribution from 401(k) Plan
(Posted September 12, 2005)
Technical Tip 148: Limiting HCE Deferrals through Corporate Resolutions
(Posted July 8, 2005)
Technical Tip 147: Fees Allocated to Participant Accounts Not Distributions
(Posted June 22, 2005)
Technical Tip 146: Catch-up Contributions under USERRA
(Posted June 8, 2005)
Technical Tip 145: Calculating the Excise Tax on Prohibited Transactions
(Posted May 22, 2005)
Technical Tip 144: Sale of Controlled Group Member
(Posted May 8, 2005)
Technical Tip 143: Application of RMD Rules to Annuities
(Posted April 22, 2005)
Technical Tip 142: Correcting Ineligible Participant Deferrals
(Posted April 8, 2005)
Technical Tip 141: Application of Anti-Cutback Rule to Plan Mergers
(Posted March 22, 2005)
Technical Tip 140: How To Correct DB Plan Overpayments
(Posted March 8, 2005)
Technical Tip 139: Tax Consequences of Repayment of Excess Distributions
(Posted February 22, 2005)
Technical Tip 138: Allocations to Employees with Less than 1000 Hours
(Posted February 8, 2005)
Technical Tip 137: HCE Elections Not to Participate
(Posted January 22, 2005)
Technical Tip 136: Deductions for Contributions to Plans for Employees of Controlled Group Members
(Posted January 8, 2005)
Technical Tip 135: Plan Termination and Benefit Accruals
(Posted December 22, 2004)
Technical Tip 134: Loss of Volume Submitter Status by Amendment
(Posted December 8, 2004)
Technical Tip 133: The Right to An Allocation
(Posted November 22, 2004)
Technical Tip 132: Definitely Determinable Allocation Groups
(Posted November 8, 2004)
Technical Tip 131: Certain Plan Amendments Do Not Require Full Vesting
(Posted October 22, 2004)
Technical Tip 130: Suspended Loans Require Interest
(Posted October 8, 2004)
Technical Tip 129: Accumulated Funding Deficiency Cannot Be Corrected By Terminating Plan
(Posted September 22, 2004)
Technical Tip 128: Distribution Options to the High-25
(Posted September 8, 2004)
Technical Tip 127: Impact of QDROs on Top Heavy Determinations
(Posted August 22, 2004)
Technical Tip 126: Plan Document Problems and Correction by Reformation
(Posted August 8, 2004)
Technical Tip 125: Money Purchase Taint on Conversion to Profit Sharing Plan
(Posted July 22, 2004)
Technical Tip 124: No Retroactive Change in Key Employee Status
(Posted July 8, 2004)
Technical Tip 123: Restoration Payment for Redemption Fee
(Posted June 22, 2004)
Technical Tip 122: Testing Treatment of Terminees for Compensation Paid in the Following Year
(Posted June 8, 2004)
Technical Tip 121: Treatment of Rollovers Under New Rules
(Posted May 22, 2004)
Technical Tip 120: In-Kind Contributions to Pension Plans
(Posted May 8, 2004)
Technical Tip 119: No Di Minimus Rule for Distributions
(Posted April 22, 2004)
Technical Tip 118: Determining HCEs of Acquired Businesses
(Posted April 8, 2004)
Technical Tip 117: Reforming Plan Documents to Correct Drafting Mistakes
(Posted March 22, 2004)
Technical Tip 116: Amendment Voids Volume Submitter Status
(Posted March 8, 2004)
Technical Tip 115: QDRO Distributions Under Top Heavy Lookback Rules
(Posted February 22, 2004)
Technical Tip 114: Cross Testing: Creating New Tiers After Year-End
(Posted February 8, 2004)
Technical Tip 113: Top Heavy Requirements After EGTRRA
(Posted January 22, 2004)
Technical Tip 112: Partial Terminations: A Facts and Circumstances Test
(Posted January 8, 2004)
Technical Tip 111: Reversion Rules Apply to DC Plans
(Posted December 22, 2003)
Technical Tip 110: Catch-up Contributions
(Posted December 8, 2003)
Technical Tip 109: Catch-up Contributions: Plan Limits in Plan Document
(Posted November 22, 2003)
Technical Tip 108: Restoration of Losses for Delayed Distributions
(Posted November 8, 2003)
Technical Tip 107: Capping the Safe Harbor Match for HCEs
(Posted October 22, 2003)
Technical Tip 106: Limiting Compensation for HCEs in 401(k) Safe Harbor Plans
(Posted October 8, 2003)
Technical Tip 105: Plan Allocations Must Comply with the Definite Written Program Requirement
(Posted September 22, 2003)
Technical Tip 104: Calculating the 415 Limit for Employers with Terminated DB Plans
(Posted September 8, 2003)
Technical Tip 103: Top Heavy Contributions for Deferral Only Participants
(Posted August 22, 2003)
Technical Tip 102: Correcting the Failure to Make a Safe Harbor Contribution
(Posted August 8, 2003)
Technical Tip 101: Determination Letters for Multiple Employer Plans
(Posted July 22, 2003)
Technical Tip 100: Documentation for Merging Plan Submissions
(Posted July 8, 2003)
Technical Tip 99: GUST Amendments for Merged Plans
(Posted June 22, 2003)
Technical Tip 98: Amending Merged Plans for GUST
(Posted June 8, 2003)
Technical Tip 97: Filing Forms 5300 for Merged Plans
(Posted May 22, 2003)
Technical Tip 96: Timing of Distributions on Plan Termination
(Posted May 8, 2003)
Technical Tip 95: The Mechanics of Making Contributions to Cross-Tested Plans
(Posted April 22, 2003)
Technical Tip 94: Calculating the Deductibility of Contributions for Plans with Dual Eligibility Provisions
(Posted April 8, 2003)
Technical Tip 93: Analysis of the First Plan Year Rule for 401(k) Plans
(Posted March 22, 2003)
Technical Tip 92: Reasonable Classification for Discrimination Testing
(Posted March 8, 2003)
Technical Tip 91: Correction of Ineligible Employee Deferrals
(Posted February 22, 2003)
Technical Tip 90: Calculation of Pre-59½ IRA Withdrawals
(Posted February 8, 2003)
Technical Tip 89: Careful Drafting for Entry Dates
(Posted January 22, 2003)
Technical Tip 88: Proration of Salary and Contribution Limits for Short Plan Years
(Posted January 8, 2003)
Technical Tip 87: Effect of QDRO on Payments to Restricted Employee
(Posted December 22, 2002)
Technical Tip 86: Deductibility of EPCRS Corrections by Plan Sponsor
(Posted December 8, 2002)
Technical Tip 85: Eligible Deferral Wages
(Posted November 22, 2002)
Technical Tip 84: Taxation of 415 Refunds
(Posted November 8, 2002)
Technical Tip 83: Controlled Group Issues for Sole Proprietorship and Corporation
(Posted October 22, 2002)
Technical Tip 82: Compensation Limits in Defined Benefit Plans
(Posted October 8, 2002)
Technical Tip 81: Make Up Distributions from a DB Plan
(Posted September 22, 2002)
Technical Tip 80: Missing Participants in Defined Contribution Plans
(Posted September 8, 2002)
Technical Tip 79: Forfeitures of De Minimus Balances
(Posted August 22, 2002)
Technical Tip 78: Following the Terms of the Plan
(Posted August 8, 2002)
Technical Tip 77: COLAs for DB Lump Sum Distributions
(Posted July 22, 2002)
Technical Tip 76: 401(k) Plans and Rule of Parity
(Posted July 8, 2002)
Technical Tip 75: Testing Separate Controlled Group Member Plans
(Posted June 22, 2002)
Technical Tip 74: QJSA Requirements
(Posted June 8, 2002)
Technical Tip 73: The "Only Plan" Requirement for SIMPLEs
(Posted May 22, 2002)
Technical Tip 72: Restructuring into Component Plans to Pass General Testing
(Posted May 8, 2002)
Technical Tip 71: Invalidated SIMPLE Plans
(Posted April 22, 2002)
Technical Tip 70: Use of Excess DB Plan Assets
(Posted April 8, 2002)
Technical Tip 69: Use of Seasoned Money to Purchase Insurance
(Posted March 22, 2002)
Technical Tip 68: Inclusion of Compensation for Calculating Deductible Limits
(Posted March 8, 2002)
Technical Tip 67: IRS Interpretation of the 133-1/3% Anti-backloading Rule
(Posted February 22, 2002)
Technical Tip 66: Applying the Reasonable Classification Test to Terminated Employees
(Posted February 8, 2002)
Technical Tip 65: Protecting Early Retirement Benefits in Plan Termination
(Posted January 22, 2002)
Technical Tip 64: Transfer to 414(k) Account Does Not Eliminate Defined Benefit Characteristics
(Posted January 8, 2002)
Technical Tip 63: The 410(b) Transition Rule
(Posted December 22, 2001)
Technical Tip 62: PS-58 Cost Cannot Be Used to Satisfy Minimum Distribution Requirement
(Posted December 8, 2001)
Technical Tip 61: Top Heavy Contributions for Employees Excluded from Plan During Year
(Posted November 22, 2001)
Technical Tip 60: Top Heavy Determination of Aggregated Plans
(Posted November 8, 2001)
Technical Tip 59: DC Plan Issues: Minimum DC Allocation for Top-Heavy Plan
(Posted October 22, 2001)
Technical Tip 58: Other DB Issues: Automatic Cashout of Benefits Earned After Re-hire
(Posted October 8, 2001)
Technical Tip 57: Nondiscrimination: Acquisition Transition Rules and Plan Aggregation
(Posted September 22, 2001)
Technical Tip 56: Allocation of DB Deductions Among Partners
(Posted September 8, 2001)
Technical Tip 55: When must the plans of combined businesses comply with the Code's coverage requirements?
(Posted August 22, 2001)
Technical Tip 54: DC Plan Issues: Counting Contributions Provided by a Separate Plan under the Minimum Allocation Gateway Test of the 2000 IRS Proposed Regulations on Cross-Testing
(Posted August 8, 2001)
Technical Tip 53: DC Plan Issues: Designation Year for Annual Addition of Contribution to Money Purchase Plan
(Posted July 22, 2001)
Technical Tip 52: DC Plan Issues: Valuation Date for Participant Loan
(Posted July 8, 2001)
Technical Tip 51: Section 415: Required Adjustment to Plan Benefit under Increasing Annuity Form with Post-Separation Increases in 415 Limits
(Posted June 22, 2001)
Technical Tip 50: Section 415: Effect of Transfer of DB Benefit to 414(k) Account
(Posted June 8, 2001)
Technical Tip 49: Restatement of Merged Plan
(Posted May 22, 2001)
Technical Tip 48: Changes to Formula for Matching Contributions
(Posted May 8, 2001)
Technical Tip 47: Best Vesting Schedule Preserved After Merger
(Posted April 22, 2001)
Technical Tip 46: Deposits to Pay Expenses May Be Considered Contributions
(Posted April 8, 2001)
Technical Tip 45: When A Return of Excess Deferrals Occurs
(Posted March 22, 2001)
Technical Tip 44: Deducting Losses from Make-Up Contributions
(Posted March 8, 2001)
Technical Tip 43: Participant Loan Limitations
(Posted February 22, 2001)
Technical Tip 42: §401(k) Plans: Distribution upon Separation from Service
(Posted February 8, 2001)
Technical Tip 41: Back End Charges Not Fiduciary Breaches
(Posted January 22, 2001)
Technical Tip 40: Correcting Scrivener's Errors Requires Using Walk-in CAP
(Posted January 8, 2001)
Technical Tip 39: Payment of Distributions to Employers
(Posted December 22, 2000)
Technical Tip 38: Deferrals Not Permitted for Payments after Severance
(Posted December 8, 2000)
Technical Tip 37: Split Eligibility: Is it Discriminatory?
(Posted November 22, 2000)
Technical Tip 36: Correction of Hardship Distribution Failure
(Posted November 8, 2000)
Technical Tip 35: Correction of Deferrals Exceeding Plan Limits
(Posted October 22, 2000)
Technical Tip 34: Correction of Excess Rollover and Excise Tax
(Posted October 8, 2000)
Technical Tip 33: Correction of Typographical Errors in Plan Documents
(Posted September 22, 2000)
Technical Tip 32: Definition of Employment for Last-Day Allocation
(Posted September 8, 2000)
Technical Tip 31: Disclosure of Commissions
(Posted July 22, 2000)
Technical Tip 30: Excluding Participants by Name from a Cross-tested Plan
(Posted June 22, 2000)
Technical Tip 29: Plan Merger Automatically Transfers Title to Assets to Surviving Plan
(Posted June 8, 2000)
Technical Tip 28: Reduction of Annuity to Offset Overpayment
(Posted May 22, 2000)
Technical Tip 27: Problems in Electronic Payment of Withholding Tax
(Posted May 8, 2000)
Technical Tip 26: Dealing with Lost Participants in a Terminated DC Plan
(Posted April 22, 2000)
Technical Tip 25: Other: Plans for Inside Directors
(Posted April 8, 2000)
Technical Tip 24: Other DC Issues: Matching Contributions Made in Error
(Posted March 22, 2000)
Technical Tip 23: Other DC Issues: Conversion of Money Purchase Plan to 401(k)
(Posted March 8, 2000)
Technical Tip 22: Other DB Issues: Forms 5500 for Mergers and Short Plan Years
(Posted February 22, 2000)
Technical Tip 21: Other DB Issues: In-Service Distributions and Normal Retirement Age
(Posted February 8, 2000)
Technical Tip 20: Other DC Issues: Inclusion of Excess Deferrals/Contributions in Top Heavy Ratio
(Posted January 21, 2000)
Technical Tip 19: DB to DC Plan Transfers: DB Plan Termination Distribution Option
(Posted December 22, 1999)
Technical Tip 18: Nondiscrimination: Coverage Requirements -- Excluding Certain Employee Classifications
(Posted December 8, 1999)
Technical Tip 17: 401(k) Brokerage Accounts: Consequence of Investment Manager Requirements
(Posted November 22, 1999)
Technical Tip 16: Amending Money Purchase Pension Plan Formula Prior to the Allocation Date
(Posted November 8, 1999)
Technical Tip 15: Use of Names to Define Tiered Allocation Groups
(Posted October 21, 1999)
Technical Tip 14: Merged Plans: What are the Reporting Requirements?
(Posted October 8, 1999)
Technical Tip 13: IRS Comments on Contribution to Money Purchase Pension Plan which Terminates Mid-Year
(Posted September 22, 1999)
Technical Tip 12: Reducing Distributions to Recoup Overpayments
(Posted September 8, 1999)
Technical Tip 11: Electronic Payment of Withholding Tax through Employer's Bank Account
(Posted August 23, 1999)
Technical Tip 10: Aggregation of Plans for Top Heavy Minimums
(Posted August 9, 1999)
Technical Tip 9: Nondiscrimination: Grouping by Names
(Posted July 22, 1999)
Technical Tip 8: Plans Should Specify the Vesting Schedule for Each Contribution Type Even if Some Contribution Types are Not Being Made
(Posted July 8, 1999)
Technical Tip 7: Dealing with Missing Participants in Terminating Defined Contribution Plans
(Posted June 22, 1999)
Technical Tip 6: Whether Cessation of Discretionary Matching Contributions Requires 100% Vesting
(Posted June 8, 1999)
Technical Tip 5: Impact of QDROs on Participant-Directed Accounts
(Posted May 21, 1999)
Technical Tip 4: May a Dormant Corporation Continue its Sponsorship of A Qualified Plan?
(Posted May 7, 1999)
Technical Tip 3: Requirement for Separate Tax Identification Number for Retirement Trusts...
(Posted April 8, 1999)
Technical Tip 2: Treatment of Allocations for Reclassified Employees
(Posted March 8, 1999)
Technical Tip 1: Elective Deferrals from Severance Pay and Accumulated Vacation Pay
(Posted February 8, 1999)


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Important notice: Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation.

     
 


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