- 5 - plan year shall be deemed to have been made on the last day of such year. The issue in this case is whether the October 3, 1994, contribution to the Plan was timely. Both parties agree that the contribution to the Plan made on October 3, 1994, was made more than 8-1/2 months after the plan year ended. Petitioner contends that the language of section 412(c)(10)(B) acts as a safe-harbor and not as a definitive deadline. Petitioner argues that section 412(c)(10)(B) does not contain any language indicating that it is the sole time period in which a deemed contribution can be timely made. Petitioner points to the language of section 412(b)(3)(A), i.e., “the amount considered contributed by the employer to or under the plan for the plan year”, and contends that the use of the phrase “plan year” indicates that other time periods are contemplated by the statute. We cannot read the phrase “plan year” in section 412(b)(3)(A) to mean that separate time periods are contemplated by the statute. The use of the phrase “plan year” is a reference to the actual calendar or fiscal tax year of the plan. In this case, references to the “plan year” would be references to the Plan in 1993 that ended December 31. Section 412(c)(10)(B) determines when a contribution is deemed contributed, not section 412(b)(3)(A). If an amount is deemed contributed under section 412(c)(10)(B), section 412(b)(3)(A) simply acts to credit that amount to the funding standard account. Section 412(c)(10)(B)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011