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Posted

Company A has three owners who each own 33 1/3%. Company A employees over 100 employees. A

couple of years ago the company was to be sold but the deal did not go through. At that time one of the owners of Company A became the owner of a spinoff company which is an S Corporation. Company B has 7 employees and is considering a SIMPLE 401(k). The owner of Company B will eventually grant the other two owners of Company A 33 1/3% ownership each in Company B. This will make the ownership of the two entities the same. I think this constitutes a Brother-Sister Control Group but would appreciate any input.

Posted

If they each own it equally, I agree. Of course, that is the situation in this case. Note that there may be a transition under 410(b)(6)© when they do the deed.

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