Retirement Plan Issues on the IRS’ Radar

The Internal Revenue Service has seen leadership changes, a number of employees retiring and a restriction in hiring, but it continues to have a focus on examination and enforcement efforts with retirement plans.

Mike Sanders, area manager for the Mid-Atlantic area, Employee Plans, Internal Revenue Service (IRS), warned attendees of the 44th Annual Retirement & Benefits Management Seminar, hosted by the Darla Moore School of Business at the University of South Carolina, and co-sponsored by PLANSPONSOR, about potential audit triggers. Examples of issues that may trigger an audit include:

  • A large number of separated participants who are not 100% vested;
  • High percentage of assets designated as “other” on Form 5500;
  • Significant distributions on income statements; and
  • Plan is top-heavy.

“Every line item on the Form 5500 is utilized,” Sanders summed up. He also warned that the IRS is in the process of training agents now to increase its efforts to examine cash balance plans, especially small cash balance plans.

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Jalena Baumgardner, group manager, Employee Plans Examinations, IRS, explained that the agency often starts compliance projects based on issues it finds with plans. For example, right now there are compliance projects for employers that did not provide the benefit the plan requires; that filled out a Form 5500 when they should have filled out a Form 5500EZ; and that did not fill out sections on the Form 5500 related to assets transferred.

Baumgardner said if a plan sponsors gets a questionnaire from the IRS, it should not ignore the form: “Failure to respond will lead to an audit.”

She noted that a big issue the agency finds in audits is a failure to comply with the terms of plan for the definition of compensation. Many do not include bonuses when calculating compensation for contributions or testing, and sometimes plan sponsors make a plan amendment that changes the definition of compensation, but forget to inform their third-party administrators of the change.

According to Baumgardner, the IRS is beginning to look at hard-to-value assets, such as real estate, hedge funds, collectibles, etc. The agency is considering developing procedures for agents to use to examine plans with these types of assets.

She added that the agency is starting to find issues with document retention, especially for hardships and loans. This explains why it recently issued a reminder to plan sponsors about what records to keep for these transactions.

Are Robos Peaceful or Threatening?

An overwhelming majority of advisers (97%) believe conventional and robo-advisers can co-exist, a study says, but a strong majority (78%) still see the new tech as threatening.

“We did the study because we felt there was a lot of confusion out there about robo-advisers and the ability of our advisers to embrace that technology,” says Todd Clarke, chief executive of CLS Investments. “The study bore all that out. Advisers are confused; they do see it as a threat.”

CLS Investments, an asset manager that creates exchange-traded fund (ETF) strategies, conducted its survey to gauge the significance of the conflict that advisers seem to be experiencing in the face of a new technology.

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But the technology is just one of many facets of the advisory business that is changing, Clarke believes. “Think about grocery shopping or buying shoes online,” he tells PLANADVISER. “Those have changed, and even hailing a cab has changed.”

Pointing to TurboTax, Clarke notes that while it initially seemed to threaten tax professionals, the platform didn’t replace tax accountants. Instead, it changed the way they do business and eliminated older technology—namely the ledger and the No. 2 pencil. “Tax accountants can no longer exist just because they process tax returns,” he says. “They had to change the way they process documents and the type of service they provide. We believe the same thing will happen to the advisory business.”

Clarke defines “robo-adviser” as a straightforward tech development. A robo-adviser is simply another name for a client onboarding and management system that puts investors into an investment portfolio using algorithms and other elements of digital and online tech. “Instead of the adviser printing the paperwork and having the client sign it, an e-signature is used and there’s no need for a face-to-face meeting,” he adds. 

CLS is excited by robo-advisers, he says, because the firm believes it is a catalyst that is going to drive change in the industry. Instead of fighting the change, Clarke says, advisers need to retool their offices. Whether it’s in the way they deliver financial planning or the way they share and save documents, Clarke says that advisers need to embrace new technologies. “The way they give advice needs to be adjusted so they can interact with clients the way clients want to interact,” he says, noting that banks have changed their services to provide direct deposit, online services and automated teller machines (ATMs).

Robo Takeover Unlikely

As for scary images of robo takeovers, Clarke says the wrong questions are being asked. “It’s not, are robos going to take over,” he says, “but what technology do advisers need to have in order to change and improve the client experience? Should they buy, build or partner to get that technology?”

One reason for the widespread alarm is that much of the previous tech innovation has been focused on the back office, Clarke observes. Robo is a client-facing technology, and it’s shaking things up.

“We’ve seen this many times,” Clarke says, citing Charles Schwab’s introduction of no-load funds in 1984. “We had all loaded funds, and all of a sudden Charles Schwab had a platform for no-load funds. No-loads were going to replace advisers. Then, day trading came into vogue. Day trading was going to replace advisers. We could all just day trade our way to retirement.”

While they didn’t put advisers out of business, Clarke says, no-load funds did drastically change the way advisers worked, including their compensation model and the way they could add value to client portfolios. Change is usually for the better, he says, and those unwilling to change have pretty much gone the way of the dinosaur, whatever the industry. 

Clarke believes robo-advisories will have a similar trajectory, and are as likely to replace advisers as no-load funds or day trading. Whether advisers embrace robo and the additional technology to improve client interaction is still a question. “Humans and robos need to work together,” he says. “It’s not robo versus human—it’s human advisers utilizing those tools.

The financial advisory industry has been somewhat protected from change, Clarke says, and that’s why there’s so much talk about robo. The study results were surprising to Clarke, who didn’t expect the jarring result of nearly all advisers saying robo could exist side by side, and three-quarters still seeing it as a threat. “We think the robo is just a very small part of what’s on the horizon,” he says. “It’s sparking great change in the industry, and this is not the endgame.”

CLS Investments, a member of NorthStar Financial Services Group (NorthStar), is an asset manager in Omaha that reports managing in excess of $6 billion.

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