What are the risks if I do not have employee benefit plan documents?
by Tony Novak, CPA, MBA, MT
The Internal Revenue Service and Department of Labor primarily rely on voluntary compliance for small business employee benefit plans so it is unlikely that an unintentional failure to have proper employee benefit plan documents would trigger a penalty.
The real risk arises when there is a dispute and related litigation. Without the benefit plan documented documents, a legal dispute with a former employee or an insurance company would put the employer at a substantial disadvantage. The employer would not likely survive the legal challenge.
Other likely questions that are covered in separate articles:
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