PensionNewbee Posted April 16, 2004 Posted April 16, 2004 husband owns 100% of company, but does not participate in the plan. He's not a w-2 employee. Wife participates in plan. Is she key?
david rigby Posted April 16, 2004 Posted April 16, 2004 I think this is it. From IRS Reg. 1.416, "Q-17. Who is a 5-percent owner of the employer? A-17. If the employer is a corporation, a 5-percent owner is any employee who owns (or is considered as owning within the meaning of section 318) more than 5 percent of the value of the outstanding stock of the corporation or stock possessing more than 5 percent of the total combined voting power of all stock of the corporation. If the employer is not a corporation, a 5-percent owner is any employee who owns more than 5 percent of the capital or profits interest in the employer. The rules of subsections (b), ©, and (m) of section 414 do not apply for purposes of determining who is a 5-percent owner." 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.
jquazza Posted April 16, 2004 Posted April 16, 2004 To clarify Pax's citation, she is a key and an HCE because she is considered an owner by attribution under the rules of IRC section 318. /JPQ
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