13 Common 401(k) Compliance Errors - Anders CPA (2024)

As the administrator of a retirement plan, you are likely already aware of the 13 most common compliance errors as stated by the IRS. Some of the most common errors are the failure to;

  1. Follow the plan document terms in operation.
  2. Handle all deferral allocations and deferral elections in a plan, using the same definition of “compensation”.
  3. Make routine deposits of employee elective deferral amounts on a timely basis.
  4. Under Section 402(g) limit amounts for a calendar year. Also a failure to make all required distributions of any deferrals that exceed the limits, back to any affected plan participants.
  5. Update the 401k, required plan documents with the mandatory laws that govern the 401k plans.
  6. Make matching contributions to all appropriate employees by an employer.
  7. When a plan is “top heavy”, make mandatory minimum employer contributions to the plan.
  8. Properly manage any financial hardship distributions, including the cessation of deferrals as required for the balance of the plan year
  9. Distribute the annual Summary Plan Description to plan participants or to file the required annual Form 5500 return.
  10. Make a deferral election that results in a lost deferral opportunity that includes “all” eligible employees in the plan.
  11. Apply non-discrimination test results of the 401k ADP and ACP to the HCU contributions, which results in excess HCE contributions in the plan.
  12. Under Section 402(g) limit amounts for a calendar year. Also a failure to make all required distributions of any deferrals that exceed the limits, back to any affected plan participants.
  13. Conformation of both the requirements of the document and Section 72(p) in operation for participant loans.

It can be a very complicated process when you are the administratorof an employee plan. Don’t fall subject to fines and fees for your plan for not being in compliance. Having a professional to assist you will prevent these commonerrors and saveyour plan from hefty fines.

As the plan sponsor, when it’s time to audit your plan, it’s vital that you hire an experienced auditor to ensure your plan is in compliance. At Anders we specialize in retirement plan audits. We have the ability to offer assistance entirely off-site with little or no distraction to your daily office routine.

We also offer flat-fee pricing so there are no surprises on your bill when the job is complete. To get started, request a free 401(k) audit consultation below or contact the team at (314)-886-7913 to schedule an appointment.

Our firm provides this information for general educational guidance only and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. Podcasts posted by Anders CPAs + Advisors are not intended to be used and cannot be used by any individual or business, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Please note that some content may be generated using artificial intelligence and is intended for educational and informational purposes only. In no way does listening, reading, emailing or interacting on social media with our content establish a professional relationship.

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13 Common 401(k) Compliance Errors - Anders CPA (2024)
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