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Can 2 501(c)(3) charities share employee benefits plans?


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Posted

2 tax-exempt charities, previously un-related, want to determine if its possible to share benefits between the two entities. Originally each group had 10 or less employees. Charity A is taking over some of the functions that Charity B previously handled. As part of this transition, 4 employees of Charity B will now become employees of Charity A. Charity B will only have a 4 or 5 employees remaining.

Is there some way for the 2 groups to combine for purposes of employee benefits?

Would a separate company or an "employee leasing" company be a solution in order to lease the employees to each charity?

Thanks!

Posted

If the two employers have now become related, they could clearly share one plan. Even if they have not, sharing one plan would merely mean that it would be a multiple employer plan--still probably not a legal problem.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

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