Default SEP Eligibility

Hello,

If an employer establishes a SEP plan for a company and either leaves the eligibility requirements blank OR doesn’t complete the 5305-SEP form at all, is there any guidance on what the default eligibility would be?

 

If the company has non-owner employees, would the default be immediately eligibility? Or the most restrictive 3 out of 5 years of service?

Any guidance would be greatly appreciated.

Thank you.



Leaving the prior year service requirement blank would result in there being no prior service requirement, ie immediate eligibility.

Not completing a 5305 SEP or having a prototype SEP in place could result in any number of potential problems if there are other employees.

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