Santo Gold Posted January 30, 2024 Posted January 30, 2024 Looking at how attribution affects my common and identical ownership tests. This shouldn't be difficult, but...... Husband owns 40% of company A, spouse separately owners 40% of company A. Two other unrelated individuals own 10% each. No exceptions apply, so husband/spouse are considered to own 80% of Company A. Husband and wife each own 20% of Company B, same thing, attribution applies and they owned a combined 40%. The two unrelated individuals from Company A also own 20% each. Third unrelated individual owns the other 20%. When I am adding up my common ownership do I use 40% plus 40% for husband and wife for Company A, or is it 80% and 80%? Is Company B 20% and 20% or 40% and 40%? Same with identical ownership then, are they each 40% or 20%? It has to be the lower percentages, correct, otherwise we exceed 100% for common ownership, which can't be correct, can it? Thank you
justanotheradmin Posted January 30, 2024 Posted January 30, 2024 Since you say there there are no exceptions to spousal attribution and it applies , conceptually, pretend that H/W are one person, ignore attribution, and do the test again. Let's call the new person Plato Company A Plato owns 80% Unrelated Person1 owns 10% Unrelated Person2 owns 10% Company B Plato owns 40% Unrelated Person1 owns 20% Unrelated Person2 owns 20% Unrelated Person3 owns 20% Based on that, I think you have 60% identical ownership, and 80% common ownership. Though someone can correct me if my math is off. Lou S. 1 I'm a stranger on the internet. Nothing I write is tax or legal advice. I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?
Santo Gold Posted January 30, 2024 Author Posted January 30, 2024 That would seem to make sense. Treat the h/w as one individual. Thank you
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now