Purplemandinga Posted June 17, 2019 Share Posted June 17, 2019 414(c)-5 expressly provides for situations where two non-profits can be considered one employer for the purposes of sponsoring a plan together. But it does not expressly provide for a for-profit entity who most likely has control to determine 80% or more of the board at the non-profit to be in a controlled group with one another. Is this situation implied? Can allow the non-profit to adopt the for-profit's qualified retirement plan? Link to comment Share on other sites More sharing options...
Luke Bailey Posted June 18, 2019 Share Posted June 18, 2019 I think 414(c)-5 does cover this situation, Purplemandinga. A for-profit organization that controls at least 80% of the nonprofit's board is an "any other organization" for purposes of Treas. reg. 1.414(c)-5(b). Purplemandinga and Dave Baker 2 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
Purplemandinga Posted June 18, 2019 Author Share Posted June 18, 2019 Thank you Luke, I clearly was not reading the fine print here. Link to comment Share on other sites More sharing options...
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