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ARTICLE · 07 OCTOBER 2013

Prohibited Transactions 101 - Avoiding Late Remittances

Department of Labor regulations related to pension plans are aimed primarily at protecting employees and their retirement savings.

United StatesTax

Department of Labor (DOL) regulations related to pension plans are aimed primarily at protecting employees and their retirement savings. The regulations restrict who can do business with a pension plan and which types of transactions are allowed. Prohibited parties (also called parties in interest) include the employer, the union, plan fiduciaries and service providers, as well as owners, officers and the relatives of parties in interest. Prohibited transactions include a sale or lease between the plan and a party in interest, loans of money between the plan and a party in interest, and the furnishing of goods or services between the plan and a party in interest.

The DOL continues to audit pension plans and can impose civil penalties (including excise taxes payable to the IRS) on prohibited transactions related to late remittance of employee contributions to retirement plans. Through its regulations, the DOL defines not only plan assets but also when contributions are

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