Here’s an interesting compensation question:
Partnership 1 is owned by Company A, Partnership 2 and Person C.
Partnership 2 is 100% owned by Person C.
Partnership 2 received a K-1 from Partnership 1
Person C receives a K-1 from Partnership 1
Person C receives a K-1 from Partnership 2
Retirement plan is sponsored by Partnership 1
Partnership 2 is not a sponsor of the retirement plan (neither is Company A).
The CPA believes that “pension law” dictates that the K-1 pass-through income from Partnership 2 onto IRS form 1040 Schedule E for Person C should be included for Plan Compensation purposes. My gut feeling is that Person C nor Partnership 2 are adopting employers to the plan and only the K-1 from Partnership 1 is Plan Compensation and only their K-1 from Partnership 1 is eligible Plan Compensation subject to the an EIC.
If Partnership 2 adopted the plan too, that seems to resolve this question going forward except Person C’s ownership in Partnership 1 would only total 34%.
Should the K-1 self employment income from Partnership 2 be included in the eligible plan compensation?
Thanks