Guest SSCARO Posted March 18, 2000 Posted March 18, 2000 I have a client who has purchased a majority interest in an entity organized as a L.L.C. - the new entity has no plan at present. His company is a C-Corp, using a non-standardized 401K Prototype. He wants the new entity to become an adopting employer of his existing plan. Can he do this? If so, what are the practical problems?
Dowist Posted March 20, 2000 Posted March 20, 2000 There would be no prohibition against the LLC adopting the plan (unless the plan was drafted to prohibit adoption by partnerships - see below - which is doubtful). Presumably the LLC has elected to be taxed as a partnership for federal tax purposes. The members of the LLC would then be treated as "partners" with self-employment income. Practically, the primary issues would be 1. the partners/members compensation for plan purposes is "earned income," which is determined net of certain deductions such as contributions to the plan, and 2. the partners/members might be owner employees (more than 5% owners) and ineligible for loans. These are the two big issues - there may be others.
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