PJF414 Posted September 10, 2015 Posted September 10, 2015 I have a client whose business is an exempt service business, and whose wife is a real estate agent. He has a DB plan with himself as the only participant. It appears that neither has any interest in or connection with the other's business, so I am not sure of the ownership attribution in this case. He is the only employee in his plan, and wants to know if he should be paying PBGC premiums. She does not have a plan.
Mike Preston Posted September 10, 2015 Posted September 10, 2015 According to my discussions with various PBGC representatives the plan you describe is exempt from coverage. If you have any doubt, you can submit a coverage determination request to the PBGC.
Lou S. Posted September 10, 2015 Posted September 10, 2015 If he's the only participant he, he is not a PBGC plan - assuming he is also the owner of the business. If you have a CG attribution (possibly because of community property state issues with husband-wife) then you likely have 401(a)(26) coverage issues with the plan and it could be a PBGC covered plan if the wife's business adopts the plan and there are more participants than just the owner husband and wife.
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