A controlled group is any two or more corporations connected through stock ownership in any of the following ways:
2. HOW IS STOCK OWNERSHIP DETERMINED?
3. WHAT IF THERE ARE DIFFERENT CLASSES OF STOCK?
4. WHAT IF THE PARENT COMPANY IS A FOREIGN CORPORATION?
5. CAN THE COMPANIES IN A CONTROLLED GROUP BE TREATED AS SEPARATE COMPANIES?
IRS does have a procedure through which a company can request to be treated as a Separate Line of Business. (see IRC §414(r)) Following are limitations for these requests:
6. HOW IS QUALIFIED PLAN COMPLIANCE TESTING AFFECTED BY THE CONTROLLED GROUP RULES?
The employees of all corporations that are members of a controlled group are deemed to be employed by a single employer. (see IRC §414(b)) The following qualified plan provisions are impacted by this rule:
§401(a)(4) Nondiscrimination rules
§401(k) Actual Deferral Percentage (ADP) test
§401(m) Actual Contribution Percentage (ACP) test
§404(a) Deduction rules
§410(b) Coverage testing
§411 Vesting requirements
§415 Contribution limits
§416 Top heavy rules
7. DO ALL MEMBERS OF A CONTROLLED GROUP HAVE TO PARTICIPATE IN ONE PLAN?
No. Members of a controlled group may each have a different plan. Similarly, two or more members of the controlled group may adopt a single plan. In either case, all employees of the controlled group must be taken into account for testing purposes (see previous question.)
8. WHAT ARE THE CONSEQUENCES FOR FAILURE TO FOLLOW THE CONTROLLED GROUP RULES?
The IRS and Department of Labor (DOL) both have compliance correction programs. Generally, a submission must be made under the appropriate corrections program, a fee is paid, and testing must be performed for the periods in question. Additional contributions, penalties, and interest may apply. Please discuss these filings and your correction options with your ERISA attorney.
9. DO CONTROLLED GROUP RULES APPLY TO WELFARE BENEFIT PLANS TOO?
Yes, similar rules apply to welfare benefit plans such as Cafeteria plans (§125), Health Savings Accounts, Archer MSAs, and self-insured medical reimbursement plans (§105(h)). Please discuss with your insurance advisor for additional information.
Controlled Group Definition according to Cornell
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