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MGKS
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Primark Benefits
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Hessel & Associates, LLC
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Senior Defined Contribution Account Manager Nova 401(k) Associates
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Loren D. Stark Company
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Retirement, LLC
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Nicholas Pension Consultants
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Question 180: A partnership in one state (say, Maine) also has an office (same type of business) in another state (say, Alaska) that is an LLC electing to be taxed as a partnership. The 2 partners of the Maine business own 100% of that entity, and they are 2 of the 4 partners of the Alaska office, owning approximately 53% of that entity (the LLC). All of the employees of both offices are covered by a 401(k) plan maintained by the Maine office. Are these businesses under common control? | |
Answer: We call that a multiple employer plan, because the two businesses are not under common control and are not an affiliated service group, based on the information you have given me. (There may be an affiliated service group, but I haven't been given any facts which would indicate that there is.)
And where do you go to learn them? I thought you'd never ask! Try Chapters 6 through 11 of my book Who's the Employer. |
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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