Happy New Year from Castle Rock Investment Company!
The New Year means many tasks for your to-do list, which may include passing the Actual Deferral Percentage (ADP) test. If you fail the test, it means that your company’s highly compensated employees, or those who made more than $110,000 in 2010 or own five percent of the employer, made excess 401(k) contributions in 2011.
These excess funds must be refunded back to the employees by March 15th, 2012. Failure to do so could result in a 10 percent penalty by the IRS.
There are many reasons why you may have failed nondiscrimination testing, including that your plan is not properly aligned with your employees’ needs, or that your administrator is not properly monitoring the situation.
If you have questions about this process, please feel free to contact me at 303.725.7086 or by email at MSuriano@castlerockinvesting.com.
Michele L. Suriano, QPFC, TGPC, AIF®