- 9 - requirements of section 401(a), such language cannot serve to turn an otherwise late contribution into a timely one. Notwithstanding the foregoing, petitioner relies on IRS Publication 560, Retirement Plans for the Self-Employed (Pub. 560) for the proposition that for the purpose of minimum funding standards, contributions can be retroactively applied to the previous year if the contributions are made by the due date of the employer’s return plus extensions. Although Pub. 560 does provide that the last date for contribution to a plan such as the Wenger plan is the due date of the employer’s return plus extensions, that language appears under the heading “Contributions” and deals with the deductibility of such contributions by the employer. Section 404(a)(6) provides, and Pub. 560 states, that a contribution is deemed timely, and hence deductible, if made by the due date of the employer’s return, including extensions thereof. Cf. sec. 11.412(c)-12(b)(2), Temporary Income Tax Regs., 41 Fed. Reg. 46597-46598 (Oct. 22, 1976). Notably, similar language does not appear in Pub. 560 under the heading of “Minimum Funding Requirements”. Rather, the portion of the publication dealing with the minimum funding standard of section 412 specifically states that contributions to a plan will not be considered timely for the purpose of the minimum funding standard if made any later than 8-1/2 months after the end of the plan year. In essence, section 404(a),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011