A 201(k) letter refers to a written communication issued by the Internal Revenue Service (IRS) to an employer notifying them of a problem with their employee benefit plan. It is an important document that highlights the issues identified by the IRS and provides instructions to the employer regarding remedial actions. This notice, commonly known as a 201(k) letter, is a significant development for plan sponsors as it signifies possible non-compliance with the Employee Retirement Income Security Act (ERICA) regulations and tax code requirements. The purpose of the 201(k) letter is to alert the employer that their retirement plan has been audited and certain plan violations or discrepancies have been found during the examination. The reasons for receiving a 201(k) letter can vary and depend on the nature of the issues discovered by the IRS during the examination process. Some common reasons include but are not limited to: 1. Contribution Deficiencies: The IRS may find that the employer has failed to make timely contributions to the retirement plan or has erroneously calculated the employee contribution amounts, resulting in underfunding of the plan. 2. Discrimination Testing Failures: Qualified retirement plans must comply with strict non-discrimination rules. The IRS may issue a 201(k) letter if the plan fails to meet these requirements, such as if highly compensated employees receive disproportionately higher benefits or contributions compared to non-highly compensated employees. 3. Plan Operational Failures: The employer may have failed to properly administer the plan, resulting in operational failures. These failures could include errors in plan distributions, incorrect vesting calculations, or not following plan amendments. 4. Reporting and Disclosure Non-Compliance: Retirement plans are subject to various reporting and disclosure rules, such as filing Form 5500 annually. If the employer has not fulfilled these requirements or has provided inaccurate information, a 201(k) letter may be issued. When an employer receives a 201(k) letter, it is essential to take immediate action. Employers need to carefully review the letter and understand the specific issues highlighted by the IRS. They should consult with legal and tax advisors to determine the appropriate steps to rectify the identified problems. Failure to respond or correct the issues within the specified time frame may lead to penalties, plan disqualification, or further IRS enforcement actions. While the term "201(k) letter" is not used universally, it is commonly used within the employee benefits and retirement plan industry to refer to an IRS notice related to plan non-compliance. It is important to note that the specific terminology used by the IRS for such notices may vary.