coleboy Posted October 23, 2018 Posted October 23, 2018 Hi, New potential client wants to start a 401k plan. Client is a day care/ pre-school located within a church. The church looks upon the day care as a "ministry" of the church. They use the same EIN as the church but their fiscal year is different. Is there anything special that needs to be done for the set up? Shouldn't they have their EIN? Thank you!
Luke Bailey Posted October 23, 2018 Posted October 23, 2018 I don't really know the answer to your question, coleboy, but I believe that daycares are commonly run as parts of churches, and IRS is OK with that. If that is the case here, then you have only one entity, and the different fiscal years is just sort of an internal accounting anomaly, since the church is not going to file any returns. There would be only one employer, the church. Special rules, of course, apply under Code to church plans that do not elect into ERISA. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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