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Posted

I appreciated you articles and was wondering if you can help me understand irs rules re ownership vs voting control. I have a question about controlled groups for 2 corporation 1 SCorp individual A owns 100% , individual A also owns 49% of a c-Corp but has a retained proxy voting rights for an additional 5% of the c-Corp (so he has voting proxy for 54%)  would both companies be a controlled group for 401k and DB plan purposes. 

Posted

Dpwct, you need 80% for a brother-sister controlled group, so would seem that you can't get ther even if proxy caused attribution.

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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