ANNUAL QES/ROBS PLAN REMINDERS

Quick list of reminders on corporate activities that can have a significant impact on plan compliance for your QES/ROBS retirement plan.

                

O Do consult with LRS to ensure you operate your qualified corporate retirement plan in accordance with plan provisions and the federal regulations and legislation.

O Do have a Certified Valuation Accountant (CVA) or Certified Business Appraiser (CBA) perform a business valuation when preparing for the retirement plan to purchase or sell shares of the C-Corp.

O Do provide your newly eligible employees with participant plan documents, such as the Summary Plan Description (SPD). And the annual Participant Notice. 

O Do pay yourself a W-2 salary for any work performed for the company. And report at least 500+ hours worked each plan year.

O Do ensure your plan is covered by a Fidelity/ERISA Bond, as required by the Department of Labor.

O Do plan to make plan contributions within the first 3 years of setting up your plan, whether through employee or employer contributions,  so the IRS can witness constructive use of the plan.

O Do contact LRS if you are working on any acquisition activity or changes to the operating company structure.

O Do work with LRS if you need to close the plan, to ensure required plan termination resolutions and documents are prepared, executed, and a final Form 5500 is filed.

 

To remain compliant, do not change the C-Corp structure (ex. converting to LLC or S-Corp). Your company structure must remain a C-Corporation.

Do not loan money from the C-Corp to any other entity owned by the same individuals (or certain family members) who invested through QES.

Do not have your C-Corp sponsor another 401(k) plan or SIMPLE IRA or make contributions to another plan.

Do not pay yourself more than a reasonable salary from your corporation, relative to someone acting in the same capacity.

Do not move any money in or out of your retirement plan account before discussing with LRS.

Do not have your C-Corp purchase property/real estate from the same individual or certain family members who invested through QES.