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Question 238: X owns 100% of stock in his S corporation (Corp A). It is a service organization that jointly provides services to clients with a C corporation (Corp B), another service organization. Neither is a Professional Service Corporation. X's wife is a 33% owner in Corp B. Can I assume this an affiliated service group due to the attribution rules? If so, can each corporation have its own retirement plan, provide the same level of contributions to each corporation's employees and view both companies employees as one group for non-discrimination testing, or must both corporations adopt one plan and use one trust? |
Answer: I do not believe this is an A-Org style affiliated service group, and you have not given me any facts that would make me think it is a B-Org. |
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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