This client would like to set-up a SEP for his business, except that he has leased employees. The leased employees are covered under a retirement plan. He believes it is a 401K.

The IRS code says that he can't exclude all employees and meet the eligibilty test.

What options does he have? Did I miss something?:confused:

Unless they are in a 100% money purchase pension plan the leased employees would have to be included. A prototype SEP (not model SEP) document would have to be used.