415 issue for employees of purchased company

[dmb]

If Company A buys Company B in the middle of the year, what compensation is used for employees of Company B now with Company A for 415 purposes in Company A's DC plan?? Can I use total comp between both compies or must I only use comp from Company A. Company B is not an adopting employer and did have a SEP in place. Thanks.

[rcline46]

Did A buy stock or assets of B? If stock, did A retire stock or keep B essentially as a subsidiary? This is to determine when B's employees became A's employees for eligibility for the plan.

Did A grant past service or immediate eligibility to B's employees? Plan amendment could have a lot to say on what is counted. Does plan say comp while a participant? Retroactive entry?

You need to get all of the facts concerning how the B employees got into the A plan, and the rules in the A plan. Then it becomes easier.

[dmb]

It was a total buyout and there is immediate eligibility. There is no subsidiary situation.

[rcline46]

I will assume by total buyout, you mean asset purchase. Then there is NO past service unless specifically granted by plan amendment. Also means no controlled group.

Under these assumptions, only pay since employed by A will count with full 415 limits.

If the stock were purchased you have controlled group issues, full year pay, SEP and Qualified plan coordination and a boat load more. Such information is critical to your problem.