- 6 - in the amount of $18,275 and that petitioner’s failure to make a timely contribution would result in an accumulated funding deficiency in such amount. The only issue is whether petitioner made a timely contribution for the year. Section 412(b)(3)(A) provides in pertinent part that “the funding standard account shall be credited with * * * the amount considered contributed by the employer to or under the plan for the plan year”. (Emphasis added.) As applicable to a money purchase plan, section 412(c)(10)(B) provides: any contributions for a plan year made by an employer after the last day of such plan year, but not later than two and one-half months after such day, shall be deemed to have been made on such last day. For purposes of this subparagraph, such two and one-half month period may be extended for not more than six months under regulations prescribed by the Secretary. Section 11.412(c)-12(b), Temporary Income Tax Regs., 41 Fed. Reg. 46597 (Oct. 22, 1976), automatically extends the 2-1/2-month period by another 6 months for a total of 8-1/2 months. Thus, an employer’s contributions are credited to the plan’s funding standard account for a particular plan year if the contributions are “made” within 8-1/2 months after the last day of the plan year. If, in the absence of a waiver, see supra note 2, the employer makes a contribution beyond the 8-1/2-month period, the contribution is untimely, thus resulting in an accumulated funding deficiency. In petitioner’s case, the 8-1/2-month periodPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011