How do I determine what is the “Restoration of Profits” amount for purposes of determining earnings on delinquent contributions?
“Restoration of Profits” is the amount earned by the fiduciary or party in interest on the use of the employee contributions not forwarded to the plan. If you can determine how this money was used and how much the money earned, the money earned is the amount of “Restoration of Profits.” We have found that usually the profit from the use of the withheld employee contributions usually can’t be determined.
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