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Channel: Answers to: 401k employer/employee problems
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Answer by jim

You need to get a very good tax lawyer (and be prepared to pay some high hourly rates) and then follow their advice and hopefully your client won't go to jail. Your client is correct. He did mess up...

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Answer by Bill

For one thing, expect a very quick, very thorough audit by BOLI. Penalties will exist for late payments, plus the employer will pay the match, plus the return that the participants didn't receive on...

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Answer by Josh

Let's not get too carried away here. There could be a few different outcomes over here. Clearly, if this is a mistake, which it seems to be, there is almost no chance that your client is going to jail....

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Answer by Brent Berkman

It appears that it is going to pretty much depend on what was represented to the employees. If it was intended that a 401k plan was set-up, etc., then the amounts that were not timely funded are...

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Answer by stephenweinstein

This is much bigger than a tax problem. It is an ERISA violation and possibly theft of the funds that were withheld from the paychecks and not contributed to a 401K plan. Definitely get an attorney.

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