SEP & Control Group Rules

I have a client that would like to set up a SEP for a businesses he owns 50% of and he receives a W-2. He also owns 100% another business with employees. Here are the ownership percentages:

Tom Bob
Company A 50 50
Company B 100 0

is there a control group issue here? He wants the SEP for Company A and fund a SEP for himself but would prefer not to cover Company B.



Tom would have to own >= 80% of company A for this to be a Controlled Group.
However, if company B regularly performs services for or is associated with company A in performing services for third parties, this could likely be an Affiliated Service Group.
Both Controlled and Affiliated Service Groups are considered one employer for employer retirement plan purposes.

Thanks!  Company B does sell products to Company A, so do you think that would create a problem? Another question: Tom is planning on purchasing all of Bob’s share of Company A by the end of the year.  Company A’s fiscal year end is 09/30/21.  If we are not under control group rules until the purchase is complete can Tom continue to fund the SEP until the sell is completed?  

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