401(k) Non US based company

[Guest nextgenplanner]

Our client is part of a group of employees residing in various US states who'd like a 401(k) setup. There is no central office per se, just folks working from their homes.

Their employer does not have a US tax number and is headquartered in Montreal, Canada. It also has employees in Hong Kong, Canada, etc. This company is part of a holding company which owns a few other global companies as well.

We're just trying to figure out if a qualified plan can be setup, does it simply exclude non-US employees, is a tax ID needed, are there treaty considerations that make for expensive administration, etc?

Any clues would be greately appreciated! Thanks!!

[Guest Offender]

The plan will need a U.S. Trustee and will file for a trust I.D. number with IRS. Then U.S. employees would be ok to make deferral contributions. If Employer wants to contribute (match and/or profit sharing), then I think it would need to establish a U.S. entity to report those contributions.

[K2retire]

What tax ID # is the employer using on their W-2s?

[austin3515]

I'm not certain the trustee needs to be in the US. I know that once upon a time I found that you do not need to be a US citizen to be a trustee. The trust just needs to be organized/domiciled in the US courts can have jurisdiction.

But don't quote me on anything