- 3 - for excise tax under section 4971(a) and imposed a failure to file penalty under section 6651(a)(1). Discussion A. Excise Tax Under Section 4971(a) Section 412 was designed to ensure that qualified plans would accumulate sufficient assets to meet those plans’ obligations to their beneficiaries. See H. Rept. 93-779, at 73 (1974), 1974-3 C.B. 244, 316. Section 412(a), in part, provides: A plan to which this section applies shall have satisfied the minimum funding standard for such plan for a plan year if as of the end of such plan year, the plan does not have an accumulated funding deficiency. For purposes of this section and section 4971, the term “accumulated funding deficiency” means for any plan the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which this section applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years. * * * To ensure that a qualified plan maintains minimum funding, section 412(b)(1) requires employers to maintain a “funding standard account” for each plan. Charges to the account consist of the normal cost of the plan for the plan year and the amortization of certain costs and liabilities. See sec. 412(b)(2). Credits to the account consist, generally, of employer contributions for the plan year and the amortization of certain adjustments. See sec. 412(b)(3).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011