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Nova 401(k) Associates
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Retirement Plan Legal Specialist Pentegra
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Central Pension Fund of the IUOE
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Retirement, LLC
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Nicholas Pension Consultants
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Central Pension Fund of the IUOE
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Retirement Plan Relationship Manager ERISA Services, Inc.
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Prime Pensions, Inc.
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Defined Benefit Calculation Specialist/Actuary The Angell Pension Group, Inc.
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Jr Retirement Plan Administrator/ Administrative Assistant Hochheiser Deutsch & Co, Inc.
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Bates & Company
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Carpenter Morse Group
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Trucker Huss, A Professional Corporation
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United 401(k) Plans, Inc.
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Question 145: A owns 100% of a building contractor corp, 50% of a painting corp and 50% of a bricklaying LLC. The other half of the painting corp and the other half of the bricklaying LLC are owned by two people unrelated to A. The building contrator corp performs all administrative functions (payroll, hiring, and billing as well as actual day to day management) for all three companies. Can I call these entities a single employer for purposes of sponsoring a 401(k) plan-- using a prototype, discrimination testing, etc.? |
Answer: You can call them whatever you like. Call them "George" if it suits you. But when you test them, you had best test them as though they were separate entities, because they are. |
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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