gregburst Posted December 5, 2012 Posted December 5, 2012 Am I correct that a plan that covers only the owner and spouse plus their child cannot file a 5500-EZ (due to the child being in the plan)?
ETA Consulting LLC Posted December 5, 2012 Posted December 5, 2012 You are correct. While the IRS considers the child an "owner" due to attribution in IRC Section 318; the DOL does not. Therefore, the plan is subject to Title I of ERISA; unless the child is a direct owner. Good Luck! CPC, QPA, QKA, TGPC, ERPA
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