401k Plan
Form 5500-EZ and Form 5500 Filing

Below is a list of Atlantic Financial's 401k plan services. We also offer bundled, turn key plans through many of America's top mutual fund companies.

Administration

Form 5500-C/R and related schedules

Summary annual report

Top heavy test

Discrimination test

Benefit distribution test

The valuation report providing aggregate review of the plan's earnings, contributions and participant census.

Additional Services

Additional Discrimination Testing, mid year

Combination of Profit Sharing Feature for 401k Plans

Additional Top Heavy Testing

Loan charged to participant for each loan

Financial Services

Toll Free telephone and Internet access for trustees and plan participants

404c Compliance

Employee education materials

Enrollment meeting

Individual financial planning for participants

ERISA Investment Compliance Assistance

Contact Atlantic Financial for more information.

Form 5500 Filing Tips from the IRS

The Department of Labor (DOL), the Pension Benefit Guaranty Corporation (PBGC) and the Internal Revenue Service (IRS) have compiled the following practical, common sense tips for some of the most frequently occurring Form 5500 filing problems. Hopefully these tips will reduce the number of basic filing errors encountered when processing the Form 5500 and Form 5500-EZ returns, and also help you avoid getting EFAST correspondence regarding these basic mistakes. You can get more information in the DOLs Trouble Shooter's Guide to Filing the ERISA Annual Report (Form 5500). Also, filers with questions can call the EFAST Help Line at 1-866-463-3278 (toll-free).

An Important Reminder for Fringe Benefit Plans

The Internal Revenue Service reminds employers that they no longer have to file an annual Form 5500 and Schedule F for so-called pure fringe benefit plans

1. Employers who in the past filed Form 5500 and the Schedule F (Fringe Benefit Plan Annual Information Return, solely to meet the reporting requirements of Internal Revenue Code section 6039D ("fringe benefit plans"), should file neither Form 5500 nor Schedule F. In fact, the Schedule F has been eliminated and the Form 5500 has been modified so fringe benefit plan information cannot be reported.

2. Fringe benefit plans are often associated with ERISA group health plans and other welfare benefit plans. The IRS announcement regarding fringe benefit plans does not cover these associated welfare plans. But, in many cases, a Form 5500 was not required for the welfare plan because it was exempt from filing a Form 5500 report under Department of Labor regulations. For example, fully insured or unfunded welfare plans covering fewer than 100 participants at the beginning of the plan year are eligible for a filing exemption. Unless exempt, however, ERISA welfare plans must still file in accordance with the Form 5500 instructions on welfare plan filing requirements.

3. See IRS News Release No. IR 2003-89 and the Form 5500 instructions for more information.

The Form 5500 Must Be Properly Signed and Dated

1. Failing to sign the form is the number one reason that filers receive correspondence from the government regarding their Form 5500 or Form 5500-EZ.
Make sure that you have the proper signatures and dates on the Form 5500, Form 5500-EZ, and any attached schedules that require a signature (Schedules B, P and SSA).

2.
The type of plan or DFE filing the Form 5500 determines who is required to sign the form.
Please consult Section 4 of the Instructions for Form 5500, under the heading "How to File", for information on who is required to sign your return/report.

3.
Remember, if you choose to file electronically, the plan must keep in its records an original copy of the Form 5500 filing with all required signatures.

The Form 5500 Must Have the Proper EIN and Plan Number (PN)

1.
It is critical that the Employer Identification Number (EIN) used to identify the plan sponsor be the same year to year when completing line 2b of the Form 5500 or Form 5500-EZ.
Switching EINs without reporting the change on line 4 of the Form 5500 or Form 5500-EZ will disrupt proper processing of your form and cause correspondence with the filer. Also, the same EIN must go on Line D of all the attached schedules (except Schedule P which reports the EIN of the plans employee benefit trust(s) or custodial account(s)).

2.
A multiple-employer plan or plan of a controlled group of corporations should select one of the participating employers to list as the plan sponsor and use that employers EIN on line 2b.
If the plan sponsor is a group of individuals (e.g., a board of trustees of a collectively bargained plan) get a single EIN for the group.
In the case of a Form 5500 filed for a Direct Filing Entity (DFE), use the EIN assigned to the CCT, PSA, MTIA, 103-12 IE or GIA.

3.
The three-digit plan number (PN), in conjunction with the EIN, is used as a unique 12-digit number to identify the plan or DFE.
Although EINs are obtained from the IRS, the plan sponsor/employer or plan administrator assigns the PN.
Also, once a three-digit plan number and your EIN is used for one plan or DFE it cannot be used for any other of your plans or DFEs, even after the plan or DFE terminates.

4.
Plan administrators, plan sponsor/employers and DFE sponsors should assign PNs as follows.
Plans providing pension benefits (such as profit-sharing or money purchase plans) should be assigned plan numbers starting with 001 and consecutive numbers should be assigned to other pension plans (e.g., 001, 002, 003, etc.).
The sponsor of an MTIA, CCT, PSA or 103-12 IE filing as a DFE should also start with number 001 and consecutive numbers should be assigned to other DFEs of the sponsor.
Welfare plans and group insurance arrangements (GIAs) filing as DFEs should be assigned plan numbers starting with 501 and consecutive numbers should be assigned to other welfare plans and GIAs (e.g., 501, 502, 503, etc.).
Do not use 888 or 999 as a PN.

5.
Consult the Form 5500 filing instructions
for line 1b and 2b in Section 6, Line-by Line Instructions, for additional information on EINs and PNs.
The instructions for Line 2b include information on how to obtain EINs from the IRS.

Do Not File a Form 5500 as a "Final Return/Report"
If:

Do not file a Form 5500 as a final return/report if the plan has assets, liabilities or participants at the end of the plan year.

1.
Even if you consider a plan to have been terminated, a Form 5500
and all necessary schedules are required to be filed until all assets have been distributed to the participants, legally transferred to the control of another plan, or reverted to the employer; and all liabilities for which benefits may be paid under a welfare benefit plan have been satisfied.
Except as noted below for certain defined benefit pension plans, a plan should not check the final return/report box on Line B(3) of the Form 5500 and report having participants at year-end on Line 7 of the Form 5500 or report having assets and liabilities at the end of the year on the Schedule H or I.

2.
If a trustee is appointed for a terminated defined benefit plan subject to ERISA section 4042, the last year for which a return/report must be filed is the year in which the trustee is appointed.
For the final reporting year, check the final return/report box on line B(3) of the Form 5500, report the number of participants at yearend on line 7 on the Form 5500, enter Code 1H on line 8a of the Form 5500, and report the value of the assets and liabilities at the end of the year on the Schedule H or I, as applicable.

3.
A welfare plan that does not expect to file a Form 5500 for the next plan year because the plan has become eligible for the Form 5500 filing exemption for small unfunded, insured or combination unfunded and insured welfare plans should not check Line B(3) on the Form 5500 but should enter Code 4R on line 8b.

4.
Please refer to the Form 5500 filing instructions
in section 4 under the heading "Final Return/Report" and in section 6 regarding Line B(3) for more information.

Use a Proper Business Code When Completing Line 2d of the Form 5500

1.
On Form 5500, Line 2d, be certain to enter a valid business code that best describes the nature of the plan sponsor's business.

2.
The only business codes that are valid for use in answering Line 2d are listed in the Form 5500 filing instructions section marked Codes for Principal Business Activity.
If more than one employer and/or employee organization is involved, the business code for the main business activity of the employers and/or employee organizations should be entered.

3.
Business codes may change from year to year.
Therefore, the business code used for your last years filing may not be a valid business code for the current year filing.
You should select the appropriate business code from the Form 5500 filing instructions section marked Codes for Principal Business Activity (e.g., if filing a 2002 Form 5500, the business code you select should be one of the business codes from the 2002 instructions).

Use the Correct Plan Characteristics Codes on Line 8 of the Form 5500

1.
On Form 5500, Line 8, you must check box A and/or B to indicate if the plan is providing pension benefits and/or welfare benefits.

2.
After indicating which benefits are being provided by checking box A and/or B, you must enter the Plan Characteristics Codes in the space provided beneath boxes A and/or B.
These codes describe the type of pension and/or welfare benefits provided and other features of the plan.
A list and description of the Plan Characteristics Codes is in Section 6 of the Instructions for Form 5500.

3.
An individual account pension plan like a money purchase plan or profit-sharing plan (including a 401k arrangement) should enter on Form 5500 line 8 the appropriate Defined Contribution Pension Features and Other Pension Benefit Features codes that are listed in the Form 5500 instructions.
Individual account plans would not normally enter codes for Defined Benefit Pension Features, such as 1A, 1B, or 1C.

Properly Identify the Funding and Benefit Arrangements on Line 9 of the Form 5500

1.
Indicate all the proper Funding and Benefit Arrangements on Form 5500, Lines 9a and 9b.
The Funding Arrangement is the method used for the receipt, holding, investment, and transmittal of plan assets prior to the time the plan actually provides benefits.
The Benefit Arrangement is the method by which the plan provides benefits to participants.

2.
Be careful to indicate all the applicable Funding and Benefit Arrangements. The responses on Lines 9a and 9b are cross-referenced against information on Schedules H, I, and/or A, as appropriate.
Be careful to attach the appropriate financial or insurance schedule (H, I, A) that corresponds to the Benefit and Funding Arrangements you indicate.
For instance, if "Trust" is indicated as an Arrangement, then a Schedule H or I (as appropriate) should be submitted with the Form 5500.
Likewise if you indicate "insurance" as a Funding and/or Benefit Arrangement, a Schedule A should be filed with Form 5500 for any insurance contract with a contract or policy year that ended with or within the plan year.

3.
Please refer to the Form 5500 filing instructions, section 6 "Line-by-Line Instructions", for a description of the Funding and Benefit Arrangements.

Schedules Attached to Your Filing Must Match What You Report on Line 10 of the Form 5500

1.
The information you enter in the checklist on line 10 of the Form 5500 must match schedules that are submitted with the Form 5500.
If you check a box indicating that a schedule is attached, the schedule must be submitted with your Form 5500.

2.
If you are filing Schedules A, P, or T, take special care to enter the total number of each schedule you are filing in the spaces provided on Line 10.

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