Jim Chad

If they pass coverage separately, then you can do discrimination testing separately.

FWIW I think you are correct and your vendor is confusing eligibility and allocation conditions.

I will start the discussion with this idea. FWIW I think it would be normal to test both ways, combined and separate, and see which works best. On the other hand; there are some provisions, such as one Plan being safe harbor, that would preclude combined testing. Anyone else have any thoughts?

I am doing an ADP Refund of Roth plus gains on an owner at age 56- are gains taxable?

You are correct about the shared employees have to be covered. The rest of your questions depend on the business arrangement. How many of the doctors are incorporated? and and who owns what? They probably don't want to pay an ERISA attorney to sort this out. but they probably should. The affiliated service group rules can be really tough to get through.

He might start a new plan year with safe a harbor from 4-1-14 to 3-31-15. And then switch back to a calendar year plan.

I have never heard of an exception that would help them. FWIW

Ditto, Kevin. (That was a nice rant. I couldn't have said it better.)

FWIW I think you can.

Thank you, Gary.

When cross testing, I know that you cannot imputed disparity if you have a SHNEC. Can you Impute disparity if you have a SHMAC?

I believe there is an exception for this. I can't remember it now. But I remember looking into this about 10 years ago. I have 4 plans like that now.

FWIW. I would use 3%.

Austin. I agree. The timing is ridiculous!

I believe you are correct. Same tax effects either way.

Owner has deemed loan. Is this a prohibited transaction? My understanding is that a deemed loan is not a qualifying exception to the prohibited transactions because it is not a qualifying loan. I sthis still the view of the department of Labor? Has anyone heard of them enforcing this? Do they ignore it because they think it is an unintended consequence of the rules?

How is this company taxed? Is it taxed as a Sub-S?

I think the answer is no but I want to ask in case I am missing something. A company with 20 employees is setting up a 401(k) Plan. The 2 owners of this company also own a real estate holding llc. They would like to include the holding company in the plan so they can count the comp from both companies. I think they cannot because it is passive income. Am I missing anything?

Advanced Pension Solutions 614-501-7790

My understanding is that the EZ cannot be filed on line and must go "on paper"

You are correct in pretty much everything you seem to be thinking. The client who is not self employed cannot set up a Solo 401(k). The client that has an LLC can set one up. I suggest he put 20% of his self employment income into it every year to meet the requirement of " expectation of ongoing contributions". On the other hand, as a Roth deferral he could put in more than 90%.

FWIW I think you could self correct with corrective amendment.

Bird, I agree with you.

I have never heard of a requirement for a combined statement. FWIW

FWIW...I would think yes.