My client is an incorporated dental practice with a 10%! Safe Harbor NEC 401(k). The are two other dentists sharing office space, receptionists, billing clerk etc.
All employees are paid W-2 from the corporation. The two other dentists (being treated as sole-properietors) reimburse the corp for a pro-rata share of rent, insurance and pension contribution. There is no written partnership agreement.

One sole prop has a SEP and a part time employee he considers his (I guess he pays her directly). He wants to contribute for 2004. Any issues?

I don't have all the details but can get as much as necessary.

http://www.benefitslink.com/cgi-bin/qa.cgi...id=70&mode=read

http://www.benefitslink.com/cgi-bin/qa.cgi...id=56&mode=read

We'll let the attorneys weigh in, but I understand that a partnership may exist by default, and does not require a written agreement.