Mistake Find the Mistake Fix the Mistake Avoid the Mistake 1) You haven't updated your SIMPLE IRA plan document for current law changes. Determine if your plan document is the latest IRS-approved SIMPLE IRA plan document from your financial institution or a current model plan. Adopt the latest version of your financial institution’s IRS-approved SIMPLE IRA plan document or a current IRS Form 5304-SIMPLE PDF or 5305-SIMPLE PDF. Make sure you adopt the most current SIMPLE IRA plan document. 2) You have more than 100 employees who earned $5,000 or more in compensation for the prior year. Review prior year’s compensation data to determine if you had more than 100 employees who earned $5,000 or more in compensation. Stop all employer and employee contributions to the SIMPLE IRAs. Prior to establishing a SIMPLE IRA plan, ensure that you meet the requirements. 3) Your business sponsors another qualified retirement plan. Determine if any employee received an allocation of contributions or accrued a benefit from your other qualified plan. Stop all employer and employee contributions to the SIMPLE IRAs. Do not maintain another qualified retirement plan while sponsoring a SIMPLE IRA plan. 4) You excluded an eligible employee from participating. Review plan document sections on eligibility and participation. Check whether you enrolled employees at the proper time. Make corrective contributions to place affected employees in the position they would have been in if no mistake was made. Review the participation status of all employees at least annually. 5) You used the wrong compensation definition to calculate deferrals and contributions to participants' SIMPLE IRAs. Review the plan document to determine if you're using the proper compensation for deferrals and contributions. Make corrective contributions to the plan to make up for the employees’ missed deferrals and contributions. Review the plan’s definition of compensation to ensure that you’re using the correct amount to calculate deferrals and contributions. 6) You made incorrect employer contributions for eligible employees. Compare the amounts you contributed for each employee with the contribution percentage provided in the annual notice multiplied by each employee’s compensation. Review records to determine if you timely deposited employer contributions. Contribute make-up amounts, adjusted for earnings through the date of correction. For excess contributions, distribute them or use the retention method. Establish procedures to ensure that employer contributions are equal to the amount provided for in the annual notice and are timely deposited. 7) You didn’t timely deposit employee elective deferrals. Compare the dates on which you withheld the elective deferral contributions and the dates on which you contributed them to the employees’ SIMPLE IRAs. Make corrective contributions for each employee equal to the missed earnings for the period the deposits were late. Establish procedures to ensure that the employees’ elective deferrals are made per the employees’ elections and are timely deposited. 8) Employer contributions weren’t given to terminated eligible employees. Review employee payroll data to determine if eligible employees terminated during the year and if they were eligible to receive a contribution. Make corrective contributions to place affected employees in the position they would have been in if no mistake was made. Establish administrative procedures to ensure that you make an employer contribution for all eligible employees whether or not they terminated employment during the year. 9) Annual SIMPLE IRA plan notification requirements weren't followed. Determine if you timely provided the required SIMPLE IRA plan notifications to eligible employees. Evaluate the impact of the failure to provide the required notices and make a reasonable correction. Establish procedures to ensure that you timely give required notices to employees. SIMPLE IRA Plan Overview EPCRS Overview SIMPLE IRA Plan Checklist PDF IRA-Based Plans Additional Resources
