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QUESTION DETAIL
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Is it possible to make the section 105 plan work for a partnership where the wife is a partner? I read that if the wife is a partner, you can't be eligible for the 105 plan. Can you change the partnership back to a single member and introduce the 105 plan, hence treat the wife as an employee?
ANSWER
The BIDaWIZ Team's Answer:
That's correct a husband and wife partnership fail to meet the requirements of Section 105. The only way is if the spouse is a bona-fide employee. You cannot retroactively apply it if that is your question by changing the entity structure.
