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Correct your retirement plan errors

 

A retirement plan helps you and your employees save money for retirement. obÌåÓýever, plan errors can jeopardize your plan¡¯s tax-favored status. Here are a few things you should know:

  1. obÌåÓý do plan errors happen?
  2. Why should I correct plan errors?
  3. obÌåÓý can I correct plan errors?
  4. Are there any resources to help me correct plan errors?

obÌåÓý do plan errors happen?

Despite your best intentions, different plan errors may happen. For example:

  • You don¡¯t allow eligible employees to participate in the plan on time.
  • You don¡¯t use the correct plan definition of compensation for certain plan operations (for example, contributions and nondiscrimination testing).
  • You miss the deadline to amend your written plan document for tax law changes.
  • A plan loan to a participant goes into default and you did not issue a Form 1099-R to report the deemed distribution.

To reduce the likelihood of plan errors, your plan should have internal controls.

Why should I correct plan errors?

Correct plan errors so that you and your employees can continue to receive the tax benefits of having a qualified retirement plan, including:

  • Your deduction (up to certain limits) for plan contributions
  • Your employees' tax deferral of their pre-tax contributions and earnings until distribution

See Tax Consequences of Plan Disqualification for additional information.

obÌåÓý can I correct plan errors?

Generally, there are two ways you can correct plan errors if your plan isn¡¯t being audited and you¡¯ve discovered the error on your own.

  1. Use the Self-Correction Program without paying any fee or notifying the IRS if:
    • your plan has sufficient compliance practices and procedures to avoid errors, and
    • the plan errors are insignificant operational mistakes, or significant operational mistakes or  that you correct within an IRS-specified timeframe.
       
  2. For failures fixed after April 19, 2019, SCP was expanded to permit:
    • The self-correction of certain plan document failures,
    • Correction options and possible relief from deemed distributions associated with certain, specified failures involving plan loans made to plan participants, and
    • Additional opportunities for correcting certain operational failures by plan amendment
       
  3. For any errors you can¡¯t or don¡¯t wish to correct under the Self-Correction Program, you can use the Voluntary Correction Program.
    • correct qualification failures (errors that affect your plan¡¯s tax-favored status) with IRS approval, and
    • pay a user fee generally based on the amount of assets that are in the plan.

Are there any resources to help me correct plan errors?

You can use the Fix-It Guides to help you find, fix and avoid common mistakes in the following plan types:

  • 401(k)
  • 403(b)
  • SARSEP
  • SEP
  • SIMPLE IRA

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