jeanh Posted July 15, 2024 Posted July 15, 2024 Have a company , father owns 100% of business and son over age 21 is only employee- I realize due to attrition rules the son also owns 100% - so is this a one man plan that I can file a 5500 EZ , or do I need to do an Sf?
Jakyasar Posted July 15, 2024 Posted July 15, 2024 If it is an S-corp, yes. If DB/CB plan, PBGC may come into play, depending on the biz. Luke Bailey 1
david rigby Posted July 17, 2024 Posted July 17, 2024 Quote Have a company, father owns 100% of business and son over age 21 is only employee- I realize due to attrition rules the son also owns 100% - so is this a one-man plan that I can file a 5500 EZ, or do I need to do an Sf? Careful readers will observe that the original post included 2 questions, so it's unclear which one received a reply. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Jakyasar Posted July 17, 2024 Posted July 17, 2024 5500EZ instructions state that for a family biz filing as an S-corp, a plan covering only family members, can file an EZ. Owner, spouse and their children. Luke Bailey 1
Peter Gulia Posted July 17, 2024 Posted July 17, 2024 Consider warning one’s client that a Form 5500-EZ classification does not change whether ERISA’s title I governs the plan. An ERISA rule treats a proprietor’s or partner’s spouse as not an employee, but does not provide that interpretation regarding a proprietor’s or partner’s child. 29 C.F.R. § 2510.3-3(c) https://www.ecfr.gov/current/title-29/part-2510/section-2510.3-3#p-2510.3-3(c). Luke Bailey 1 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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