R. Butler Posted November 7, 2002 Posted November 7, 2002 Corporation with 3 owners and nine other employees. Husband, Wife and Son each own 1/3. I want to put Husband, Wife & Son each in their own class. I would have 4 classifications of employees, a separate discretionary provided to each class. Classes as follows: Class A -- President (covers the Husband) Class B -- V. President (covers the Son) Class C -- Treasurer (covers the Wife) Class D -- Others Is this permissable? I am concerned about each owner being a seperate allocation group.
R. Butler Posted November 7, 2002 Author Posted November 7, 2002 Thank you. I knew theoretically it was possible, but I've read commentaries suggesting that the IRS may frown on it, so I wanted to double check.
Guest merlin Posted November 8, 2002 Posted November 8, 2002 You're probably thinking of the part of the 410(B) regs dealing with the average benefits test that says a classification by name or that has the affect of name is unreasonable. This is only an issue for coverage if you can't pass the ratio % test-should be OK beacause your classes are for allocation,not coverage. For rate group testing a classification is reasonble if the group's ratio % is equal to or greater than the midpoint of the SHUSH corridor,so names/classes are irrelevant.
Archimage Posted November 8, 2002 Posted November 8, 2002 Never heard the reference of the "SHUSH corridor", but I like it. Mind if I use it?
Guest merlin Posted November 8, 2002 Posted November 8, 2002 Be my guest.Actually, I have to confess to pirating the acronym from a fellow who used to work in our office. So be his guest too. While we're at it,here's another one courtesy of Tom Poje: SHNEC.
Tom Poje Posted November 8, 2002 Posted November 8, 2002 now you are embaressing me. (I use SHMAC as well) SHUSH, I like that!
AndyH Posted November 8, 2002 Posted November 8, 2002 I must be the only idiot that can't figure out what SHUSH stands for! Someone please, for the benefit of the class .........
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