Required to file?

[Earl]

Just found out a client has MP & PS plans floating with Fidelity. No contributions for years, total of the two plans is under $100,000.

He now has a business (100% owner) with employees and a PS/401k plan.

Ignoring the GUST restatement issues, are the plans aggregated (say via controlled group rules) so that the two frozen plans are required to be filed?

I see in the instructions that an EZ would be unavailable due to controlled group, but are the assets aggregated to determine the filing requirement status on the dormant plans?

Thanks

[Bird]

I'm not sure I understand the distinction you're trying to make. It's a controlled group, so a regular 5500 is required. In that case, I don't think the assets matter, whether aggregated or not.

[Archimage]

Not quite sure I understand either but it sounds like there are two companies with three different plans. If so, then you would have to file a 5500 for every different plan.

[Earl]

Thanks for your replies.

To try to clarify my question:

The old MP/PS plans would only be required to file if the assets are aggregated with the new corporate plan.

Is this aggregation required so that the old plans are required to file 5500s?

Another thought: Are you saying that, since it is a controlled group, it can't file an EZ and there is no "asset test" to determine if you are exempt from filing the regular 5500?

I think you are saying that and I think I get it (now), I hope.

Thanks a lot.