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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?

Posted
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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.

Posted

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.

Posted

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).

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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