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Guest Bob Lees
Posted

We have a client with multiple S-Corps. Is it possible for him to setup an ESOP for only a couple of his S-Corps and have no ESOP for the others?

Posted

Maybe....IRC section 414(B) requires that all members of a "controlled group" of corporations be taken into account in determining whether an ESOP (or other retirement plan) meets the section 410(B) nondiscriminatory coverage requirement. So it depends on how many (and which) employees of the "controlled group" would be covered under the ESOP and how many (and which) would be excluded.

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