Ray Goetz
Apr 19 1999, 08:24 PM
Has anyone dealt with a 403(B) plan that had a proper employer sponsoring it (a 501©(3) organization), but that had let some employees of a for-profit subsidiary also creep in?
Would this be a candidate for TVC and/or APRSC, as now folded into EPCRS?
Has there ever been any real IRS enforcement on this point?
Any thoughts would be appreciated.
Ellie Lowder
Apr 23 1999, 12:09 PM
Ineligible employees is not a defect that can be corrected under APRSC - only Operation failures can be self-corrected. Eligibility failures can be corrected under TVC. Refer to Revenue Procedure 99-13 for more information.
CVCalhoun
Apr 26 1999, 03:59 PM
On the enforcement issue, ineligible employers are one of the key points the IRS Manual instructs agents to raise in auditing 403(B) plans.
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