IRC 45E permits employers to take a tax deduction and or credit for startup administrative costs of new qualified plans established after 12/31/01. However, the employer may not have maintained another Qualified Retirement Plan covering the same employees during the prior three years.

Would a SEP or SIMPLE be considered a qualified plan for this purpose?

Thanks to all who reply!!

That section references 4972(d), which appears to include SEPs and SIMPLEs:

(d) Definitions. For purposes of this section--

(1) Qualified Employer Plan

(A) In General. The term "qualified employer plan" means--


(iii) any simplified employee pension (within the meaning of section 408(k)), and

(iv) any simple retirement account (within the meaning of section 408(p)).

Thank you, Katherine. I guess I didn't read far enough!!