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Posted

So I have a plan that is sponsored by the husband's LLC and the wife's LLC is a participating ER.  With SECURE2.0, they would now have to file a Form 5500-SF instead of an EZ.  They share a pooled account and neither have employees.  I am trying to figure out who to answer questions on the Sch MEP and I think the issue may stem from Part 1 - type of Multiple-Employer Plan.  I checked 1c Pooled Employer plan but now I am thinking I should choose 1d Other and come up with a discription - maybe owner only plan that spouse's LLC adopted?

In Part II 2e I checked "yes" because the 2 owners are individual working owners.  There are no participants besides them, so 2f is 0% and 2g is $0, since all assets in 2d belong to the owners.

Any thoughts here?

QKA, QPA, ERPA

 

Posted

The SECURE 2 rule only breaks controlled groups between spouses where the controlled group exists solely because of a minor child, or community property laws. The spousal noninvolvement test remains otherwise unaffected. So if they want to continue to have a controlled group (it sounds like they might) then all they have to do is find a way to break the spousal noninvolvement rule; for example, they could participate in the management of each other's businesses, or they could give each other options to buy stock in each other's company.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

Posted

Thanks, they share a minor child.

My main issue right now is how to file this Form 5500-SF and answer the questions on the Schedule MEP.

QKA, QPA, ERPA

 

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