Guest JACKWADE Posted January 28, 1999 Posted January 28, 1999 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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