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Posted

Hi

An LLC Has a DB Plan with only the two owners in the plan. The LLC is taxed as a corporation (and not as a partnership). Do they file an EZ or an SF? Thank you

  • 3 weeks later...
Posted
On 12/20/2021 at 7:04 AM, ratherbereading said:

5500EZ is for owner + spouse so believe they need to file 5500SF 

Thank you. The only two participants are the two partners (LLC). Does this make them an EZ FILER, as owners or partners file EZ. Yes, for corps, only if it is an S Corp would it be considered a partnership for EZ purposes. However, this is an LLC? Thank you.

Posted

From the 2021 Instructions (page 2)

A one-participant plan means a retirement plan (that is, a defined benefit pension plan or a defined contribution profit-sharing or money purchase pension plan), other than an Employee Stock Ownership Plan (ESOP), which:
1. Covers only you (or you and your spouse) and you (or you and your spouse) own the entire business (which may be incorporated or unincorporated); or
2. Covers only one or more partners (or partners and their spouses) in a business partnership (treating 2% shareholder of an S corporation, as defined in IRC §1372(b), as a partner); and
3. Does not provide benefits for anyone except you (or you and your spouse) or one or more partners (or partners and their spouses).

 

 

Posted

Thank you BG5150 and Lou S. It seems that if this LLC (WITH 2 partners) was formed as an S Corp then it must file an EZ. However, if this LLC was formed as a C Corp, then it would file an SF. 

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