Aggregate plans and change from different to same plan years

[SRM]

Affiliated Service Group of companies A, B, and C

Company A Profit Sharing Plan has a short year from 4/1/04 - 12/31/04

Company B Profit Sharing Plan has a short year from 7/1/04 - 12/31/04

Company C Defined Benefit Plan has a full year from 1/1/04 - 12/31/04

Can these plans be aggregated for coverage and non discrimination for the years ending 12/31/2004?

Reg §1.410(b)-7(d)(5) Same plan year requirement - Two or more plans may not be aggregated and treated as a single plan under this paragraph (d) unless they have the same plan year.

Does anyone see an wiggle room to argue that have the same plan year end is the same as have the same plan year for purposes of aggregating plans?

Or are the 1/1/05 - 12/31/05 plan years the first years that can be aggregated?

[AndyH]

I think you are stuck until 2005. I don't like this rule and have looked for ways around it, to no avail.