Guest moosegirl Posted July 9, 2004 Posted July 9, 2004 Company A is owned 95% by 5 individuals. Company B is owned 85% by these same individuals. Company B has one other owner, Joe, who owns the remaining 15% of Company B and none of Company A. This is a controlled group. Both companies are covered by one 401(k) Plan. Is Joe considered a key employee due to his 15% ownership in company B? I would love to have an official cite on this one.
Guest JimD Posted July 10, 2004 Posted July 10, 2004 If Joe is an employee of B he is a key employee for top heavy purposes even though he is not an owner of A. See the regulations under 1.416-1. All employers that are aggregated under IRC 414 must be taken into account as a single employer and Joe is a 5% owner.
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