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Reporting CARES Act distributions and repayments

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The IRS has released Form 8915-E and 8915-F for the reporting of CARES Act distribution(s) that were taken in 2020, their repayment, or their inclusion in income.

If you took a CARES Act distribution in 2020, note which form(s) would apply to you:

Form 8915-E is used to report:

  • If you took a CARES Act distribution in 2020

Form 8915-F is used to report:

  • Your income in 2021 if you took a CARES Act distribution in 2020 and have been including in your income in equal amounts over 3 years and that 3-year period has not yet lapsed
  • Your repayments of a CARES Act distribution, if repaying the distribution

Note that repayment of the CARES Act distribution can be done over 3 years, starting with the day after the distribution was received. Repayment(s) can occur through multiple payments or one lump sum payment by the end of those 3 years. If the entire CARES Act distribution is paid back within that time, the distribution will not be taxed.

You will want to request your CPA’s assistance in completing the appropriate form for your situation. 

More information on these two forms can also be found at:

https://www.irs.gov/forms-pubs/about-form-8915-e

https://www.irs.gov/forms-pubs/about-form-8915-f-qualified-disaster-retirement-plan-distributions-and-repayments

Penalty relief program for Form 5500-EZ late filers

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Retirement plan sponsors who missed filing required annual reports may be eligible for penalty relief under Revenue Procedure 2015-32.

Plans eligible:

  • One-participant plans covering a 100% owner or a partnership, and their spouses (no other participants). Non-ERISA plans only.

That means your Solo 401k qualifies!

More details here:

https://www.irs.gov/retirement-plans/penalty-relief-program-for-form-5500-ez-late-filers

Form 5500-EZ filing deadline quickly approaching

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Form 5500-EZ for Solo 401k plans must be filed with the IRS by the last day of the 7th calendar month after the end of the plan year. For most of our clients, that date is July 31st (unless your plan year is different than the calendar year). Failure to file will result in severe penalties of $250 per day (not to exceed $150,000)!

We have updated our instructions which are located on the following page:

Annual Filing Requirements

As of January 1, 2021 you can use the EFAST2 filing system to file IRS form 5500 series online. This includes an online filing of IRS form 5500-EZ. The IRS has released several helpful tutorial videos:

Calculating plan assets

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I'm getting ready to file Form 5500-EZ and need help calculating the plan assets of my 401k. I used some of the funds for a down payment to purchase an investment property. The rest of the purchase price was financed using a hard money loan. My wife doesn't have any investments at this time, just some cash. How do I calculate the net plan assets?

Answer:

First, you must calculate the total plan assets. To do so, simply add up all assets plus cash for all participants. Please note that if the total plan assets exceed $250,000, you are required to file Form 5500-EZ.*

For properties owned by the 401k, the value of each property will need to be based on other properties in the area-  real estate comps, CMA, broker's price opinion or a third-party appraisal can be obtained.

Example:

Your plan owns a property valued at $220,000. There is $15,675 of cash in your checking account for the 401k. Your spouse  has $18,000 cash in her 401k account. There is a mortgage note against the property for the amount of $120,000.

Total plan assets will be calculated as:

+ $220,000.00 Value of the property
+ $15,675.78 Cash in your account
+ $18,000.13 Cash in spouse's account

Total plan assets: $253,675.91  (Note: since the total exceeds $250,000, you are required to file the 5500-EZ)*

- $119,841.09 Mortgage against the property (Total plan liabilities)
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Net plan assets:  $133,834.82

* Please see our detailed instructions on how to complete Form 5500-EZ below. On the form, you are required to enter a single number for total plan assets, then total plan liabilities, then net plan assets.

Annual Filing Requirement

 

How do I value real estate in my Solo 401k plan?

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My Solo 401k plan owns real estate property. How do I value that?

Answer:

The value of each property will need to be based on other properties in the area (real estate comps), or a third-party appraisal can be obtained.

Please note: if you are taking an in-kind distribution or in-kind conversion of the property (i.e. there is a taxable event), then you must use a licensed third party appraisal to determine the accurate value of the property.  The appraisal must be dated as close as possible to the taxable event.

2021 Form 5500-EZ released

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The IRS has released form 5500-EZ for 2021. We have updated our instructions which are located on the following page:

Annual Filing Requirements

As of January 1, 2021 you can use the EFAST2 filing system to file IRS form 5500 series online. This includes an online filing of IRS form 5500-EZ. The IRS released several helpful tutorial videos:

What is Form 5500-EZ?

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What is Form 5500-EZ? Am I required to file it?

Answer:

Form 5500-EZ is the filing requirement for Solo 401K plans with $250,000 or more in total plan assets.  It is a simple informational return that is filed with the IRS.  As the plan administrator, you are responsible for filing Form 5500-EZ once your plan reaches $250,000 in total plan assets.

Plans with assets totaling less than $250,000 are not required to file Form 5500-EZ.

For instructions on filing Form 5500-EZ, please visit:

Annual Filing Requirements

4 considerations for filing Form 5500

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The IRS Form 5500-EZ filing due date is July 31 for most plans (without extension). Accordingly, at this time of year, we see increased activity relative to Form 5500-EZ preparation and filing. Close and careful review of the Form 5500-EZ is advised to ensure it is properly prepared and does not unnecessarily raise red flags to the Department of Labor (DOL) and/or the Internal Revenue Service (IRS). The following is a short list of considerations and questions aimed at helping avoid government inquiry otherwise prompted by a “wrong” answer on the Form 5500-EZ. The bottom line is that it is critical to follow the Form 5500-EZ instructions and carefully review the entries in order to avoid triggering an investigation. Here are a few issues for your consideration:

  1. Use the correct plan name and plan sponsor name (as well as the correct employer identification number “EIN”). This might seem a strange recommendation, but reportedly there are a lot of missteps in this regard. Often, it is just an error; other times, changes occur as the result of the change in sponsoring entity that are not recognized and/or are not appropriately addressed.
  2. Obtain appropriate proof of the Form 5500-EZ filing (and the filing of the Form 5558 extension form). These steps are often overlooked by plan sponsors. It is easy to obtain such proofs in order to avoid an argument with the government over the imposition of potentially significant fines for not filing or for filing late. This is especially important since the penalty was recently increased to $250 per day (not to exceed $150,000)!
  3. If you failed to file a Form 5500 or will file late, quick participation in the DOL’s Delinquent Filer Voluntary Compliance Program (“DFVCP”) should be explored.
  4. The DOL and IRS continuously state that where an answer on the Form 5500-EZ is described as “other,” it will have a tendency to garner their attention. Accordingly, effort should be made to avoid using that response. As an example, we have seen recently loan interest being reported as “other,” when in fact the instructions specifically provide a place to report accrued, but unpaid interest on participant loans.

In summary, a close review of the Form 5500-EZ will likely save time and money later. It is the plan sponsor who signs and submits the form under penalty of perjury; accordingly, the signer has a keen interest in ensuring the Form 5500-EZ is properly and accurately completed. It is better to discover and address those matters sooner rather than later.

Important deadlines

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As year-end is approaching, please note the following important upcoming deadlines:

Contributions Deadline:

Plan owners must formally elect to make contributions before December 31st. Depending on your business type, you may also be required to make employee elective deferral contributions before December 31st. We’ve put together a summary for you that answers common questions about contributions. In order to review this information, click on the link below:

Contribution Basics

Form 1099-R:

If there is a distribution or a Roth conversion within your Solo 401k plan in 2021, Form 1099-R will need to be issued from your Solo 401k by January 31, 2022. Distributions and Roth conversions are taxable events and need to be reported to the IRS. You can find Form 1099-R on the client portal:

Forms to Administer Solo 401k Plan

Sense Financial can assist with creating 1099-R forms. If you would like us to help create this form for your plan, please let us know by Monday, January 10, 2022.

We will need a copy of a completed In-Plan Roth conversion form and/or the completed Distribution form in order to prepare your 1099-R. These forms can be located at the link above. Send your documents to minna@sensefinancial.com no later than January 11th.

Deadline to receive Required Minimum Distribution (RMD):

Plan participants who turned 72 years old in 2021 are required to take their first required minimum distribution (RMD) before April 1, 2022. If you reached 70 ½ in previous years, you have until December 31 to take your RMD for the year.

To determine the amount of distribution you must take, please click on the RMD calculator below:

RMD Calculator

As the plan administrator it is your responsibility to withhold the taxes and report the distribution, learn more here:

Withholding 20% Tax on Distribution

Sponsor Reporting:

As the document sponsor of your Qualified Plan, we are preparing to submit our annual report to the IRS. The report will list all 401k plan sponsors using our documents.

If there has been any changes in your situation (e.g. change in the business type, address, addition of employees, etc.) please let us know by Monday, December 20th. Our goal is to provide you with the help and guidance needed to keep your plan in compliance. If you have any question, please don't hesitate to let us know.

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