如果您向员工提供401（k）账户，您需要了解将员工推迟存入其账户的截止日期。如果您不按时存款401（k）捐款，则可能面临多种后果。

In this article, you will learn the 401(k) deposit rules and what you should do if you make a late deposit.

401（k）雇主存款规则

Meeting a deadline seems pretty simple. But, when it comes to depositing 401(k) deferrals, there are misconceptions about the deadline. To help you stay compliant with laws, let’s debunk the 401(k) deposit deadline myth.

The myth

许多雇主认为存入401（k）捐款的截止日期是他们为员工工资的贡献造成的第15个营业日。例如，如果您在2月1日扣留员工工资的401（k）款项，您将在3月15日营业日进行存入贡献。

但是，这是不正确的。等到下一个月的第15天存入推迟的雇主可能会发现他们欠其他惩罚。

It is understandable that some employers might think this is the deadline for depositing 401(k) contributions because the myth is rooted in truth.

The truth

If the 15th business day of the following month is a myth, how long does an employer have to submit 401(k) contributions?

Here’s the real deadline: you must deposit 401(k) deferrals as soon as possible after you withhold the money from employee wages. The deposits must be timely, but the meaning of timely is not defined by law. Your plan documents might dictate how soon you have to deposit the funds, but this is uncommon.

For larger businesses, a timely deposit will most likely happen within a couple of business days of the payroll withholding. For smaller businesses, there is a safe harbor that allows for more time to deposit. The safe harbor is explained below.

对于所有企业，押金不应晚于员工工资缴纳捐款后第15届营业日。这是截止日期神话来自的地方。下月第15个营业日不是截止日期;它只是具有合理及时的外部限制。大多数企业将需要在下一个月的第15天之前存入捐款。

Small business safe harbor

有一个小型企业安全港，适用于具有少于100名参与者的企业。安全港表示，如果他们在员工工资缴纳捐款后的七个工作日内，则是一个小企业的401（k）存款。

作为一个小企业主，您的业务可能落在这个安全的港口。

Matching employer contributions to 401(k) deadline

Rules for depositing your matching 401(k) contribution are different than rules for depositing employee deferrals. Your plan documents should contain the deadlines for depositing your matching contribution.

Late 401(k) contributions

Making late 401(k) contributions is unwise. Employees earn interest on the amount in their 401(k) accounts. When you make a late deposit, employees might lose interest on the amount deposited late.

不合时宜的存款可能会导致您必须支付的罚款。您可能还必须在迟到的金额上支付消费税。而且，您的业务可能会被取消401（k）计划。

When you realize that you failed to make a timely deposit, there are several steps you must follow.

Deposit the funds

As soon as you realize that your deposit is late, deposit the contributions as soon as possible.

You will also need to deposit lost earnings into employee accounts. The employee would have been earning interest on the contribution if it was deposited on time, so you need to make up the lost money amounts.

You will have to self-correct the lost amount unless you use the Voluntary Fiduciary Correction Program (discussed later). To self-correct, follow theSelf-Correction Program(SCP) under theEmployee Plans Compliance Resolution System(EPCRS).

支付优惠税

您需要在延迟存款金额上支付消费税。税率至少为15％，还有额外的惩罚。采用Form 5330to report and pay the excise tax.

You can possibly have your excise taxes waived through the U.S. Department of Labor’s Voluntary Fiduciary Correction Program.

卷untary Fiduciary Correction Program

The Department of Labor (DOL) normally assesses a penalty of 20% for fiduciary breaches, which is what happens when you do not make timely 401(k) deposits. If you file under the Voluntary Fiduciary Correction Program (VFCP), the DOL will not recommend your 401(k) plan for an audit for fiduciary breaches. Basically, the DOL is waiving the 20% penalty because you are voluntarily reporting and correcting your mistake.

如果您有资格获得VFCP，您将存入延迟捐款和失去的工资。当您在VFCP下文件时，可以使用VFCP计算器to calculate the lost wages you owe.

When you use the VFCP, you most likely will not submit Form 5330 or pay excise taxes.

表格5500.

表格5500.is used for annual reporting of employee benefit plans. Whether or not your 401(k) deposits were late, you need to file Form 5500 annually.

If you do deposit any 401(k) deferrals late, you must report that on Form 5500.

当你使用Patroiot软vwin彩票开户件的时候vwin.comac德赢官方首页 , we will calculate the 401(k) deferral for each employee. Then, you can deposit those amounts on time after you run your payroll. Check out the software for free.

This article is updated from its original publish date of 12/1/2015.

This is not intended as legal advice; for more information, please点击这里。