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Guest cdizzle
Posted

Real Estate Sole Proprietor (Schedule C) wants to setup a SEP.

He owns 100% of another company with 5 employees, which he does not work for or receive compensation. The company is a C-Corp that 2 years ago terminated a 401k plan.

What issues do you see for the Sole prop? I thought a SEP did not require discrimination testing which would allow us to ignore the employees of the other company.

Thank you

Posted

Not in this life. All employees of the controlled group must be consided for eligibility purposes. See IRC 414(b) and ©.

Guest Moe Howard2
Posted

Gary, do you mean IRC 414© and "see" ?

Nothing I like more than some good ole benefits humor!

Thanks Moe, I fixed the cite in above post. --gsl

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