Same Desk Rule: tranfer from one subsidiary to another.

[Guest RW]

Sub A is 50% owned by Parent B. Both A and B have their own 401(k) plans. Sub A is sold to another company and 15 ees transfer to Parent B. Will these ees be able to receive a distribution of plan assets from Sub A's 401(k)?

[Guest LDH1]

Do you think this qualifies for a 401(k)(10) distribution? Is this a stock or asset sale? Are the transferred employees continuing the work of the seller? Only 15 transferred; what is the employee composition of the new employer's workforce? Has there been a change in the worksite location?