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Top Heavy Issue Family Attribution


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Guest ROB VIDOVICH
Posted

COMPANY XYZ HAS THE FOLLOWING FAMILY MEMBERS WITH OWNERSHIP IN THE COMPANY.

FAMILY ONE

SON OWNS 49% IS PARTICIPANT

FATHER IS PARTICIPANT

MOTHER IS PARTICIPANT

FATHER AND MOTHER ARE CONSIDERED KEY EMPLOYEES DUE TO INDIRECT OWNERSHIP.

FAMILY TWO

FATHER OWNS 51% IS PARTICIPANT

SON 1 IS PARTICIPANT

SON 2 IS PARTICIPANT

SON 1 AND SON 2 ARE CONSIDERED KEY EMPLOYEES DUE TO INDIRECT OWNERSHIP....

ARE THESE PARTICIPANTS ALL KEY EMPLOYEES OR IS THERE DOUBLE ATTRIBUTION IN EITHER CASE??????

Posted

Huh?

I don't see any double attribution. Are the families related to each other?

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Guest ROB VIDOVICH
Posted

No the families are not related. I just wanted to be sure that the attribution was correct... I pretty much thought all of these family members were considered key employees...

Would this be an example of double attribution:

Son 1 owns 100% of Company

Mother is participant - Key Employee Due to Family Attribution

Son 2 is participant - Not Key Employee Double Attribution.

Guest Mike Kimball
Posted

since son 2 is brother of son 1, there is no attribution. son 2 is not a lineal ascendent or descendent of son 1, but the mother is, so ownership is attributed to her. I believe IRC 318 is the reference.

Guest ROB VIDOVICH
Posted

Thanks Mike I appreciate your help....

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