
A 401k audit is a thorough examination of your company's 401k plan to ensure compliance with laws and regulations. This audit is usually conducted by the Department of Labor.
The goal of a 401k audit is to ensure that your company is following the rules and regulations set by the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that governs employee benefit plans.
During a 401k audit, your company's plan documents, investment options, and administrative procedures will be reviewed.
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Preparation and Planning
To prepare for a 401(k) audit, make sure your documents are in order, including plan documents, payroll data, and time-stamped communications. Organizing your documents can save you a lot of time during the audit process.
You can use payroll integration to prevent errors and avoid problems during the 401(k) deposit review. This can be achieved by integrating your payroll and record-keeping systems.
A 401(k) plan audit is a detailed examination of a company's controls with respect to its retirement savings plan. It's essential to understand why audits are necessary and what they typically involve.
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To prepare for a 401(k) plan audit, gather necessary documentation, such as plan documents, investment information, and saver data, and have it on hand to speed up the audit and minimize last-minute stress.
Setting up internal controls is also crucial to monitor plan activities, ensure financial records are accurate, and regularly reconcile them to avoid discrepancies. Your auditor can assist you with this.
Keeping records organized is essential, so create a system that allows quick access to documents, label files clearly, use digital backups, and update records routinely.
Large plans are required to undergo independent audits each year, so staying compliant is an ongoing effort. Taking some time throughout the year to reassess can help prepare your company for the next audit.
To maintain compliance and ongoing preparation, schedule regular reviews of plan operations with your internal team to catch any issues early. This includes verifying that contributions are processed correctly and that distributions comply with the rules.
You should also keep up-to-date with changes in regulations and stay informed about new rules and how they affect your plan. This can help you stay a step ahead and ensure a smooth audit process.
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Finally, train your internal staff involved with the plan to understand their roles and responsibilities. Regular training sessions can help maintain skills and knowledge, keeping everyone aligned with current practices.
Here's a list of necessary documentation to ensure a smooth audit process:
- The original plan documents, including the adoption agreement
- Any plan amendments made during the year
- Form 5500
- Detail of W2s (W3) and payroll records
- Schedule of loan requests and outstanding loan balances (including new loans and payments)
- Detail of plan distributions and rollovers
- Schedule of all employee contributions
- Detail of company matching contributions with dates and amounts
By following these steps and staying proactive, you can ensure a smooth audit process and maintain compliance with 401(k) regulations.
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Audit Process and Scope
A 401(k) audit is an official inspection to ensure your plan meets IRS and DOL guidelines. It's required for plans with more than 100 participants with account balances on the first day of the plan year.
The audit serves two primary purposes: to ensure your plan complies with DOL and IRS regulations, and to verify the accuracy of financial information reported on Form 5500 and company financial statements.
The audit process can last anywhere from three to four months, depending on the quality of and access to your data. Average-sized businesses can see audit costs of $10,000 to $12,000, with Fortune 500 companies seeing higher bills.
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Auditors will review a sampling of saver records and transactions to verify that plan assets are being invested consistently with saver instructions, the fees charged to a saver are consistent with the plan's services agreements, and any withdrawals and corrections were handled properly.
Here are some key areas auditors examine during a 401(k) audit:
- Reviewing 401(k) plan documents to verify compliance with IRS and DOL rules
- Looking for any amendments made to the plan during the year
- Determining the accuracy of the information reported on Form 5500 Annual Return/Report of Employee Benefit Plan and the 401(k) financial statements
- Assessing how your company maintains electronic 401(k) records
- Comparing employee contributions with remittance dates to ensure the funds were remitted in a timely manner
- Confirming distributions and rollovers were paid out properly
- Sampling specific participant’s transactions to further ensure compliance
- Interviewing upper management to vet any concerns
Compliance and Preparedness
To ensure a smooth 401(k) audit, it's essential to keep track of plan-related documents throughout the year. Organizing your documents can save you a lot of time and trouble.
The auditor will ask for numerous documents, including plan documents, payroll data, and time-stamped communications. Make sure to have these documents easily accessible.
Using payroll integration can prevent errors and make the audit process much easier. This can be done by integrating your payroll and record-keeping systems.
It's also crucial to monitor the number of eligible participants you have in your plan, especially for smaller companies experiencing steady growth. Planning ahead will prevent any surprises and give you a head start in tracking the necessary documents.
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Regular check-ins with your internal team can help catch any issues early, such as verifying that contributions are processed correctly and that distributions comply with the rules. You can also use your Vestwell account portal to review eligibility and other reports to spot-check and confirm saver contributions.
To stay compliant and prepared, it's essential to keep your plan in good health beyond the audit. Schedule regular reviews of plan operations with your internal team to catch any issues early. This can also help you stay informed about new rules and regulations affecting your plan.
Here are the essential documents you should have for a 401(k) audit:
- Original plan documents, including the adoption agreement
- Any plan amendments made during the year
- Form 5500
- Detail of W2s (W3) and payroll records
- Schedule of loan requests and outstanding loan balances
- Detail of plan distributions and rollovers
- Schedule of all employee contributions
- Detail of company matching contributions with dates and amounts
Plan Requirements and Eligibility
A 401(k) plan is required to undergo an audit if it's a "large" plan for Form 5500 purposes, which means it has more than 100 participants with a balance as of the first day of the plan year.
To determine if your plan is considered a large plan, you need to calculate the total number of eligible participants at the beginning of the plan year. If it's 121 or more, an audit is required for that year.
Here's a breakdown of the participant thresholds:
- 100 or more participants: audit required
- 80-120 participants: can defer audit until the plan year with 121 or more participants
- Below 100 participants: not considered a large plan
Note: This rule is often referred to as the "80-120 rule" or "80-to-120 participant rule."
Requirements
To meet the requirements for a 401(k) plan, you'll need to undergo an audit if your plan has more than 100 participants with a balance as of the first day of the plan year.
A plan is considered a "large" plan for Form 5500 purposes, which means it must undergo an annual audit and file certain financial statements with its annual Form 5500 filing.
The Department of Labor (DOL) has a special "80-to-120 participant rule" that allows plans with 80-120 participants to file a 5500 in the same category as the year before, but this won't exempt you from the audit requirement until you exceed the 120 participant threshold.
Here are the specific documents your auditor will request:
- Copies of the plan documents, including the Plan’s adoption agreement, basic plan document, summary plan description, IRS opinion letter, and investment policy.
- Copy of the Plan’s Form 5500.
- Copy of the Plan’s fidelity insurance bond.
- Retirement plan/Investment committee meeting minutes.
- Employee census report.
- Payroll reports.
- Evidence of documented participant birth and hire dates (such as Form I9s) for selected participants.
- Schedule of remittances made to the retirement plan trust.
- Documentation of internal controls and procedures, including procedures for payroll, eligibility, contributions, distribution, and loans.
- Audit package from your third-party administrator.
You'll need to have these documents ready for your auditor, so make sure to keep them organized and easily accessible.
Eligible Participant
An eligible participant in a 401(k) plan is an employee who meets specific requirements, including having a certain number of participants in the plan.
To be an eligible participant, an employee must be part of a group that meets the plan's requirements, and the total number of participants must be 121 or more on the first day of the plan year.
The audit process for a 401(k) plan can be lengthy, lasting 30-60 days, depending on the plan's size and complexity.
An audit can cost anywhere from $5,000 to $10,000, with some companies facing much larger bills due to their large number of employees.
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Audit Timing and Frequency
A 401k audit is required if a business has 100 or more eligible plan participants. This is a key milestone that triggers the audit requirement.
However, there's a bit of a loophole called the "80-120 rule" that allows companies to postpone the audit until they start a plan year with 121 or more eligible participants. This can give them a couple of years' reprieve.
Once a plan hits the 120 eligible participant threshold, it's considered a "large" plan and an audit can no longer be avoided, unless the number of eligible participants dips back below 100.
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Annual Review Performer

An independent auditor, specifically a CPA with expertise in 401(k) plan matters, performs a 401(k) audit. They must be independent from the employer and the plan to ensure a fair and unbiased review.
The Department of Labor requires annual audits for companies with 100 or more participants who have a balance at the start of the plan year. This requirement helps protect participants' funds by ensuring plans adhere to the rules of operating a retirement plan.
An independent auditor must use Generally Accepted Audit Standards (GAAS) and adhere to DOL and ERISA regulations during the audit process. This ensures that the plan meets guidelines and regulations set by the Internal Revenue Service (IRS) and the Department of Labor.
To perform a 401(k) audit, the auditor must ensure that the plan complies with DOL and IRS regulations, as well as review the plan-related documents. They must also determine that the financial information reported on Form 5500 and company financial statements is accurate and in compliance with Generally Accepted Accounting Principles (GAAP).
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When Is Required?

A 401(k) plan audit is required if a business has 100 or more eligible plan participants. This is a key threshold to keep in mind.
The Department of Labor requires annual audits for companies with 100 or more participants who have a balance at the start of the plan year. This is a crucial rule to follow.
A specific rule called the "80-120 rule" allows a company to postpone an audit until it begins a plan year with 121 or more eligible participants. This can be a nice break for businesses that are just reaching the threshold.
The plan is considered a "large" plan once it passes the 120 eligible participant threshold. At this point, an audit can no longer be avoided unless the eligible participant threshold dips back below 100.
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Audit Results and Feedback
Any issues or gaps identified during the audit are discussed, and corrective measures are recommended. Vestwell collaborates with the auditor and employer to resolve issues and then files the auditor's opinion with Form 5500.
A 401(k) audit can uncover parts of the plan that are not in compliance, often unknowingly. This gives the company a chance to take corrective action, minimizing employee risk and helping the company keep its distance from the IRS.
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Findings and Feedback
Any issues or gaps identified during the audit are discussed, and corrective measures are recommended. Vestwell collaborates with the auditor and employer to resolve issues and then files the auditor’s opinion with Form 5500.
The audit process can be a chance to uncover parts of the plan that are not in compliance, often unknowingly. This gives the company a chance to take corrective action.
Corrective measures can minimize employee risk and help the company keep its distance from the IRS.
What Comes After?
After the 401(k) audit is completed, you'll need to attach the report to Form 5500, an annual report required by the Department of Labor and the Internal Revenue Service.
The report provides information on your 401(k) or other benefit plans, including the type of plan, plan sponsor information, and number of participants.
Form 5500 is a lengthy document with 28 pages of instructions, but don't worry – your 401(k) provider and independent auditor will help you navigate the process.
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You'll need to file Form 5500 even if you don't have any issues with your plan, as it's a requirement for all businesses with 401(k) plans.
The information collected on Form 5500 is used to determine whether your plan is considered small or large, and whether you'll be required to complete an annual audit in the future.
Here's a breakdown of the information you'll need to report on Form 5500:
Smooth Plan Experience
A 401(k) plan audit is a routine check-up that ensures everything is running smoothly and up to par with legal requirements. It's a necessary step to confirm that plan assets are being used properly and not for illicit purposes.
A well-maintained plan fosters trust and transparency, benefiting both employees and employers in the long run. This is why it's essential to make audits a routine part of your plan's maintenance.
An audit is essentially an independent examination of the inflow and outflow of funds from a company retirement plan. This examination confirms that plan assets are being used properly, which is a crucial aspect of a smooth plan experience.
Leveraging support from knowledgeable partners can help with the audit process, providing expertise to handle any surprises that may arise. This can make a real impact on your plan's overall health and compliance.
Frequently Asked Questions
What is the penalty for 401k audit?
Late 401(k) audit penalties can reach up to $15,000 (IRS) or $1,100 per day (DOL), depending on the plan size
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