Affiliated Service Group?

[sdix401k]

I am looking for opinions if I have a an affiliated service group.  Owner A  owns a practice 66%.  Client also owns an office building and that company provides rental space to the practice and a few other clients.  Rental Company is 100% owned by Owner A.  

I do not believe so.

Would the opinion change if the sole client renting the space was the practice?

A follow up to the above is a transaction occurred mid year that reduced his ownership to 66%.  I am thinking the determination of a control group or affiliated service group is a snapshot determination date and that Owner A could set up another 401k plan for the leasing - rental company for the current year?

 

[Bill Presson]

It's not unusual to have a different entity own the building. Does that rental company have any employees? And I don't think real estate is one of the professions that are subject to ASG rules.