EBECatty Posted August 29, 2022 Posted August 29, 2022 Would appreciate a quick sanity check here: Mother owns 70% of Corp A. Mother has an adult daughter, who is married to son-in-law. Son-in-law owns the other 30% of Corp A. Son-in-law also owns 100% of Corp B. (Assume no other attribution aside from family, no excluded interests, no ASG, no management group, not a community property state.) Under 1563, I believe that mother will not be deemed to own any stock in Corp B. Daughter would be deemed to own all 100% of son-in-law's stock in Corp B, but because daughter is an adult, and mother does not own >50% of Corp B, mother is not deemed to own daughter's (attributed) stock in Corp B. Also, the prohibition on double-attribution among family members would cut off deemed ownership of those shares with daughter (i.e., once they are attributed from son-in-law to daughter by spousal attribution, they cannot be attributed again to mother, even if mother did own >50% of Corp B). Likewise, as an adult, daughter would not be deemed to own mother's shares in Corp A because daughter does not own >50% of Corp A's shares. Because mother owns >50% of Corp A, she would be deemed to own any shares in Corp A owned by daughter directly (zero); however, the double-attribution rule would prevent attribution from son-in-law to wife to mother, so mother would not be deemed to own son-in-law's 30% in Corp A. I think I'm left with: Corp A: 70% mother; 30% son-in-law; same 30% daughter through spousal attribution Corp B: 100% son-in-law; same 100% daughter through spousal attribution; 0% mother This leaves only 30% common ownership, which clearly avoids a controlled group unless I am missing something.
Lou S. Posted August 29, 2022 Posted August 29, 2022 I would agree that looks correct with what you've laid out with respect to 1563. Luke Bailey 1
CuseFan Posted August 30, 2022 Posted August 30, 2022 You are correct, no CG, but make sure it's also not an ASG before designing separate plans. Luke Bailey 1 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
EBECatty Posted August 31, 2022 Author Posted August 31, 2022 Thank you both for confirming my thinking. CuseFan, neither company is a service organization, so we're clear on that side as well.
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