Ineligible Employer SIMPLE IRA

Small employer has sponsored SIMPLE IRA for 8 years.

Employer recently discovers/recognizes that it’s part of a controlled group with thousands of employees and Employer has been ineligible to sponsor a SIMPLE IRA for the entire 8 years.

What’s the fix? Is it as “simple” as stopping contributions and filing for a compliance statement under VCP?

Seems too easy.

Thanks.

 

 

 



It might be that easy, but it’s difficult to determine what the IRS will decide. Since none of the entities were eligible for a SIMPLE IRA due to head count, making up the contributions to the other employees is not a solution.

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