5500 EZ filing required for a 1 life plan when the spouse owns a different business?

[Santo Gold]

Wife and husband own 100% each of 2 different businesses, unrelated to each other.  The one has about 10 employees and has a 401k plan.  The other is spouse only and started a solo 401k for herself, well under $250K.  Neither performs any work for the other's business.  I do not see in the instructions that this would cause the solo plan to file a 5500EZ.  Would you agree?

Thank you

 

[Bri]

Depends on if they've got a minor child inducing a controlled group despite the non-involvement.....that law goes away soon but not for 2022.

[RatherBeGolfing]

2 hours ago, Bri said:

...that law goes away soon but not for 2022.

And not for 2023

[Peter Gulia]

Consider also whether the spouses were married in, ever lived in, or otherwise invoked the law of a community-property nation or State.

[RatherBeGolfing]

21 minutes ago, Peter Gulia said:

Consider also whether the spouses were married in, ever lived in, or otherwise invoked the law of a community-property nation or State.

Which also goes away starting with the first plan year after 12/31/2023

[Santo Gold]

Great replies.  Thank you very much