Annual additions--1 ee & 2 ers

[Guest m thom]

A 50% partner participates in a profit sharing plan and a money purchase plan sponsored by the partnership. In mid-year the partnership dissolves and the former partner forms a C Corp (he owns 100% of stock). The new corporation sets up a profit sharing plan and a money purchase plan. The former partner participates in both.

Question: Does this person's involvement in the partnership's plans have any impact on the first year's annual additions limit for the plans sponsored by the new entity?

[MWeddell]

Only plans sponsored by the same "employer" are aggregated for 415 limits. When examining the degree of common control for determining whether two separate legal entities are regarded as the same "employer," Code Section 415(h) says that employers with more than 50% common ownership are considered the same employer.

Hence, if the partnership really was exactly a 50% / 50% split, then I think the individual has a separate 415 limit for the corporation than he/she had for the partnership.

[This message has been edited by MWeddell (edited 10-18-1999).]