Provider Service-Inclusion Checker
Transcribe one provider's written ROBS proposal or service agreement to separate documented included services from extra-cost, unclear, excluded, and not-applicable scope.
Direct answer: use this tool before relying on a provider's scope claims. It does not contain prefilled provider service facts, and it never treats silence as included or excluded. Plan sponsors remain responsible for prudent provider selection, monitoring, filings, records, and fiduciary duties even when a provider performs administrative tasks [1] [3].
How to use written service scope safely
- Choose the context that matches the written document: setup, renewal, or exit.
- Use one non-sensitive provider label, such as “Provider A.”
- For each service, choose included, extra cost, unclear, not included, or not applicable based only on written terms.
- Add a short section reference for included, extra-cost, and not-included rows. If not applicable, write the documented reason.
- Keep unclear rows unresolved until the provider answers in writing.
Do not paste account numbers, participant names, balances, Social Security numbers, tax IDs, legal pleadings, or full contract text. The checker has no network submission, storage, cookies, query-string sharing, or lead capture.
Provider scope is not the same as sponsor responsibility
A ROBS arrangement generally involves a C corporation sponsoring a qualified plan that purchases employer stock after a rollover. IRS materials flag Form 5500 failures, employer-stock valuation, prohibited transactions, discrimination, business records, Form 1120, and dissolution issues as recurring review areas [1] [2]. A provider agreement can document what the provider will administer, but it does not transfer every fiduciary, tax, valuation, legal, payroll, bookkeeping, or state-corporate duty to the provider.
DOL guidance treats hiring and monitoring a retirement-plan service provider as a fiduciary act. The sponsor should understand services, fees, conflicts, cybersecurity practices, and contract terms before relying on a provider [3] [4].
Red flags and decision boundaries
- A service is called “full service” but the contract does not list Form 5500, testing, valuation, employee eligibility, corrections, or exit support.
- Audit, VCP, EPCRS, DFVCP, legal representation, tax filing, valuation, payroll, state filing, or bookkeeping terms appear only in sales copy.
- Extra-cost services have no written fee trigger, cadence, hourly rate, government charge, or third-party charge boundary.
- Cybersecurity, data export, breach notice, retention, and subcontractor terms are missing despite plan or participant data access.
- The provider's document does not distinguish administrative support from legal advice, tax advice, valuation opinion, audit representation, or plan-sponsor fiduciary decisions.
Sources and verification
Author: Dennis Shirshikov. Published Aug. 13, 2026. Last modified Aug. 13, 2026. Affiliate disclosure: this educational tool does not collect leads, choose providers, or use compensation as an input. Privacy: inputs stay in the browser session and are not submitted by this page.
- IRS ROBS compliance project: IRS describes ROBS arrangements, determination-letter limits, Form 5500 and Form 1120 filing concerns, valuation, prohibited transactions, nondiscrimination, promoter fees, bankruptcy, liens, and business dissolution concerns. Page last reviewed Nov. 16, 2025; checked Aug. 13, 2026.
- IRS ROBS guidelines memorandum: IRS states ROBS arrangements are not noncompliant per se but must be reviewed case by case, and discusses C corporation formation, plan creation, rollover or transfer, employer-stock purchase, valuation, prohibited-transaction, and discrimination issues. Dated Oct. 1, 2008.
- DOL Meeting Your Fiduciary Responsibilities: DOL explains fiduciary duties, service-provider selection and monitoring, reasonable fees, participant disclosures, Form 5500 reporting, prohibited transactions, employer-stock fair-market-value/no-commission language, cybersecurity, and successor-fiduciary concerns. September 2021 booklet; checked Aug. 13, 2026.
- DOL service-provider cybersecurity tips: DOL EBSA tells plan sponsors and fiduciaries to ask service providers about security standards, audit results, breaches, insurance, confidentiality, breach notice, and contract terms when prudently selecting and monitoring providers. Checked Aug. 13, 2026.
- IRS 401(k) plan termination: IRS states terminating a 401(k) plan involves a termination date, benefit and liability determination, asset distribution as soon as administratively feasible, and continuing qualification duties while assets remain. Checked Aug. 13, 2026.
- IRS EPCRS overview: IRS describes correction programs including SCP, VCP, and Audit CAP. The checker treats correction help as included or extra-cost only when the provider states it in writing.
- DOL DFVCP: DOL describes the Delinquent Filer Voluntary Compliance Program for certain late Form 5500 filings; provider assistance must be documented in the written scope before it is marked included.