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Two different fiscal years in controlled group


richard

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Controlled Group consists of two companies, Company A (with a 10/31 fiscal year) and Company B (with a 12/31 fiscal year). There are owners in each company. They want to start a profit sharing plan (or plans) covering both companies. Under the plan(s), HCEs will receive between 15% and 20% of pay; nonHCEs will receive 3% (older owners, as usual).

How can this plan (or plans) be structured to accelerate the deduction for Company A? [Note that as we speak, we are in early November!]

1. If we have two separate plans (one for Company A with a plan year ending 10/31 and one for Company B with a plan year ending 12/31), the first year for Company A's plan would have to be 11/1/99 to 10/31/00 and the first year for Company B's plan could be calendar year 1999. OK to start with, but can we do better?

2. If we have one plan (with a plan year ending 12/31) covering both companies, the first plan year could be 1/1/99 to 12/31/99. The deduction allocable to Company B would clearly be for calendar year 1999. However, how could the deduction allocation to Company A be structured to accelerate the deduction? Can any part of it be allocated to its fiscal year ended 10/31/99 because the plan was in effect for the entire calendar year?

3. Same as #2 with two separate plans. (I don't think this helps, but it's a thought).

Any other ideas?

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