Leased Owners

[Guest JACKWADE]

Proposed Regulations 1.414(o)-1 deal with "Avoidance of employee benefit re-

quirements through the use of separate

organizations, employee leasing or other

arrangements." CCH commentary on these regulations indicates that they have no effect and that "there are no rules of which a court could take notice." I have a situation where 5% owners are hired by a leasing company (which they do not own) and leased back to their respective

companies. They are covered by a safe harbor money purchase plan and a 401(k)

plan sponsored by the leasing company. Do I have to worry about the proposed regulations and, if so, what testing do I have to perform to convince the IRS that there is not a nondiscrimination issue?

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