US Based Employer With Employees In PR

If a US-based employer (with existing 401k plan) establishes a wholly owned subsidiary in Puerto Rico is there a requirement they either a) must setup a PR plan for those employees or b) if they do, is there a requirement to offer same match, PS, etc provisions.  Thank you

No and no - but potential coverage and nondiscrimination issues if they do not, depending on size of PR workforce relative to non-PR workforce. If you need a PR provider we have a group within our practice that specializes.

A separate group like that will always benefit from an administrative perspective of having a separate PR-qualified Plan.  Also look for a custodial/record keeping company that includes a PR trust group, this can make distributions, taxes, etc. so much less complicated to manage.

Hey - no and no - you can either establish a Puerto Rico only plan or a Dual Qualified plan. Most plan sponsors create a separate plan for Puerto Rico employees because the difference in limits, rules, etc and usually is simpler to correct any involuntary mistakes by the plan. As CuseFan said, it is important to take into consideration how many PR employees the plan sponsor will have vs. the ones US based and the benefits provided to them.

We are a local Puerto Rico TPA firm (Pension Plus, Inc.) in case we can be of any assistance to you.