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Change in Ownership - Closely Held Corp. Top Heavy Requirements


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Posted

The Plan was amended to the sponsor being a company owned (100%) by the eldest son of the owner of the previous sponsor. The previous owner is now an employee but not an owner..Previously his daughters who are also employees were included as Key Employees in the Top Heavy testing. Is Key status still attributed to the sisters for Top Heavy?

Posted

No. The attribution rules of Section 318 do are only vertical (to the Father) and not horizontal (to the sisters). Hence, the sisters will be Former Key Employees and their balances will be excluded from the analysis.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

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