Prohibited Transaction

[Guest lskin]

Hello

I am aware that is is illegal to be broker on a qualified plan for a business whose owner is the broker's mother but can the broker be broker of a SEP or SIMPLE for the client's mother?

[saabraa]

If the mother herself is one of the employees having a SEP or SIMPLE account, there's a prohibited transaction under IRC 4975 via 408(e)(2), regarding her individual retirement plan. The other employees' SEP/SIMPLE accounts don't have any problem.

[Guest mjb]

Its not a PT if son waives fees for mom's account (she can give him an xmas gift with after tax $.) This is a good example of a dumb law.

[Guest lskin]

When you say fees does that include sales charge and internal expense fees?

[Guest mjb]

whatever he would collect for making the sale.

[GBurns]

I doubt that it will be possible to waive fees, commissions etc. Many Rep contracts are not very flexible.

The usual "solution" is to have another agent write the deal. Remember that the deal will be with the company as plan sponsor not with the mother as an individual. The son can then be the enrolling agent for everyone other than the mother. The erolling agent commission/fee split can be changed to give all the "writing agent" commission to the son.