TracyAndrews
Mar 23 2001, 11:12 AM
Can an LLC have both a SEP and a regular 401(k) plan peacefully coexist? There is only the owner eligible for the SEP contribution (relatively new company), and the 401(k) has lots of participants. He was only able to defer about 3000 in 2000 due to ADP restrictions. He would like to make up the balance in the SEP. Is this ok? He wants to kill the SEP plan next year before any participants become too close to becoming eligible for a contribution. Something sounds fishy but I'm not sure what.
Appleby
Apr 5 2001, 06:21 PM
Yes-
The SEP must be a prototype SEP- not a Form 5305 SEP
Philip Simpkins
Dec 5 2001, 09:36 AM
Does anyone know the site that allows for this?
Thanks!
R. Butler
Dec 5 2001, 03:52 PM
IRC 404(h)(2) contemplates an employer having both a SEP and a qualified plan. Publication 560 instructs employers when Form 5305 can be used. Appleby is correct that form 5305 can't be used if employer maintains a qualified plan.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please
click here.