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MGKS
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Loren D. Stark Company
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Site Manager / Senior Administrator Nicholas Pension Consultants
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Question 31: Employer A and Employer B are a controlled group. Employer C is not part of the controlled group. Employer C is part of an affiliated service group with Employer B. Employer A is not part of an affiliated service group. For qualified plan purposes, are employees from A,B and C considered to be employed by the same employer? Or are the groups considered separately for testing and other qualified plan purposes (i.e., A and B are tested together, and B and C are tested together, but A,B and C are not tested together)? |
Answer: It depends on who you listen to, the Code or the IRS! |
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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