We have a qualified profit sharing plan which is solely company funded. Contributions are discretionary. Two companies have adopted the plan agreement. When the plan was initially adopted the companies were a controlled group but are currently NOT a controlled group. If necessary we can make the companies a controlled group.
Can one company still contribute to the plan that benefits ALL participating employees in the plan (who are from both companies) and the company who makes the contribution take a tax deduction for the COMPLETE contribution? i.e. we have basically been picking and choosing which company needs the tax deduction and making the contribution from that company. Can we keep doing this? Our TPA says no.