The IRS Is Auditing Your Plan. What Do You Do?
Don't
panic. The IRS audits a small percentage of plans each year.
Just because your plan was selected for audit does not mean
there is a problem with it. The IRS wants to be sure that
you are operating the plan correctly. Most plans they audit
get a clean bill of health. Your plan was probably selected
because it fits the profile of a target plan(ie: plans holding
real property, participant loans, certain industries). They
also randomly select plans for audit. .
Here's
the Recommended Procedure:
Barbara
Klein, President and Founder.
The
first thing you should do is call us and/or your legal counsel.
Don't try to go it alone. We know what the IRS is looking
for and can make the audit go smoothly. The easier that we
make the agents job, the sooner the audit will be over.
You will first learn that your plan is being audited through
a letter from the examiner who is assigned to your case. The
letter tells you that they are examining your plan return
for a stated year. The letter also says that they will be
at your office on a given date and time.
What
should you do if you will be on vacation the day the examiner
is coming? Should you cancel your vacation plans? Of course
not. If you are not able to meet with the examiner on the
date they selected call them to arrange a new date. The letter
notifying you of the audit will include a phone number to
contact the examiner. Most of the examiners are reasonable
people who are willing to work with you.
Included
with the letter will be a list of documents the agent will
want to review. Start collecting this information as soon
as possible. If you have trouble finding something you will
want as much time as you can get to track it down. Do you
know where to find your 1992 1099R forms? Below is a sample
of the information the examiner may request:
Memberships:
- Copies
of the Plan Filings (Form 5500, Attachments & 1099Rs)
- Copies
of the Corporate Tax Returns
- Western
Pension & Benefits Conference
- Payroll
Records
- Canceled
Checks for Participant Payments and Contributions
- Plan
Documents: Trust, Amendments, Determination Letters, SAR,
SPD, SMM and Fidelity Bonds
- Plan
Work Sheets: Allocations, Vesting, Discrimination Tests,
Distribution Calculations
- Asset
Documentation: Broker Statements, Notes, Financial Reports
- Trustees
Notes
- Actuarial
and Funding Reports (Defined Benefit Plans)
An
IRS audit is not the end of the world. With competent, professional
assistance your appointment with an employee plan examiner
will be brief and almost painless.
Just remember to keep smiling
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