Legg-Mason-Employee-plan - IRS examinations - white paper

Sep 26, 2026

Uploaded by Hazel

Guide explaining the IRS examination process for qualified retirement plans, intended to help plan sponsors prepare from receipt of the IRS information request letter through the closing letter. Covers what documents are requested (plan document, contributions and allocations, eligibility, discrimination/top-heavy testing, legislative limits, distributions and vesting, plan loans, and Form 5500), options for audit scheduling, and required representation using Form 2848. Describes how the agent defines examination scope and focuses on higher-risk noncompliance areas.

LanguageEnglish

CategoryExam

FormatPDF

Pages8

Reading Time20 min

AccessFree to download

Introduction and Overview

Receipt of the IRS information request letter

Location and date of the Audit

Power of Attorney: Form 2848

Scope of the examination

Process and Procedures

Pre-Audit steps

Plan document

Prepared by Belfint, Lyons & Shuman EMPLOYEE PLAN IRS EXAMINATIONS A letter from the IRS …Your retirement plan is being audited … Although you think you have done everything right, followed the advice of your trusted advisors and service providers, and tried to avoid all the red flags that they warned you about, you’ve been randomly selected. Most likely there is nothing to worry about, but you won’t feel at ease until it is over. This guide will take you through the examination process, from the receipt of the letter through the closing letter, to help you better prepare in case you get the dreaded letter saying that you’ve been chosen. IMPORTANT NOTE: This white paper has been prepared on behalf of Legg Mason & Co., LLC. This paper includes suggested practices that a plan sponsor and its advisors may wish to consider in connection with an IRS examination of the sponsor’s quali ed retirement plan. It is important to note that the suggested practices are not the exclusive means of approaching an IRS examination. Other combinations of practices also may be effective. A plan sponsor should consult with its own legal counsel concerning its responsibilities under ERISA and the Internal Revenue Code in the administration of its quali ed retirement plan and in approaching and responding to an IRS examination. This white paper is intended for general informational purposes only, and it does not constitute legal, tax or investment advice on the part of Legg Mason & Co., LLC and its af liates. A plan sponsor should consult with its own legal counsel to understand the nature and scope of its responsibilities under ERISA, the Internal Revenue Code and other applicable law. INVESTMENT PRODUCTS: NOT FDIC INSURED • NO BANK GUARANTEE • MAY LOSE VALUE INTRODUCTION AND OVERVIEW Plan sponsors must ensure that their plan documents remain in compliance with the Internal Revenue Code both in form and operation. The IRS can audit or examine a plan at any time to ensure compliance with section 401(a) of the Code. Red flags on the 5500 or on targeted compliance questionnaires can trigger an IRS examination, but in many cases plans are randomly selected for an IRS audit. Receipt of the IRS information request letter The IRS examination program strives to ensure compliance with the plan qualification provisions of the Internal Revenue Code and with the terms of the plan document. As a result, the documents requested focus mainly on: 1 The plan document 2 Contributions and their allocation 3 Eligibility and eligible compensation 4 Discrimination and top-heavy testing 5 Compliance with legislative limits 6 Distributions and vesting 7 Plan loans 8 Form 5500 Upon receipt of the letter, it is important to gather all the requested documents and label them in the order in which the letter requests them. Sample IRS Examination Information Request Letters for 401(k) plans, profit sharing plans, money purchase plans, Employee Stock Ownership Plans (ESOPs), defined benefit plans, and cash balance plans can be found on the IRS website at: [https://www.irs.gov/](https://www.irs.gov/)[ ](https://www.irs.gov/)[retirement-plans/ep-examination-process-guide-section-4-](retirement-plans/ep-examination-process-guide-section-4-)[communications-during-examination-sample-information-](communications-during-examination-sample-information-)[document-requests](document-requests.)[.](document-requests.) Location and date of the Audit If the date proposed by the IRS is not possible due to vacations, unavoidable previous commitments, or other complications, rescheduling the date is possible, as well as requesting that the audit take place at a service provider’s location. If the audit takes place at a location other than the plan sponsor’s place of business, the agent will need to document the reason. One acceptable reason to conduct the audit at a different location would be that the agent’s presence would disrupt the business o

FAQs

What is the purpose of an IRS examination for an employee retirement plan?

The IRS examines plan documents and operations to ensure compliance with the plan qualification provisions of the Internal Revenue Code and the terms of the plan document.

What key documents does the IRS typically request during an examination?

Requests focus on the plan document, contributions and allocations, eligibility and eligible compensation, discrimination and top-heavy testing, legislative limits, distributions and vesting, plan loans, and Form 5500.

How does a plan sponsor handle representation during the audit?

If a service provider will represent the plan sponsor, a power of attorney form must be submitted in advance using Form 2848.

Sep 26, 2026

Uploaded by Hazel