What is the impact on the plan sponsor and plan participants if a plan is disqualified solely because it failed to satisfy the minimum coverage requirements?
WDIK
Mar 1 2007, 05:45 PM
Some possible consequences of disqualification:
1) Loss of deductions.
2) Plan contributions are included in participants' income.
3) Plan earnings become taxable.
Have you looked into the IRS's corrections programs?
Fiduciary Guidance Counsel
Mar 2 2007, 02:53 PM
In considering the Federal income tax treatment of participants, one might look to IRC 402(b)(4), which provides varying treatments based on whether a 410(b) failure is "[one] of the reasons" or the sole reason that the plan trust is not exempt from tax, and also sometimes provides a treatment that differs according to whether a participant is or was a highly-compensated employee or not.