An Affiliated Service Group (ASG) is a term used by the Internal Revenue Service (IRS) to describe a group of related organizations that provide services to one another and share a strong connection in their operations.
ASGs are subject to specific rules related to employee benefit plans to ensure that business owners don’t establish separate entities to avoid certain employee benefit obligations, such as retirement plan coverage and discrimination testing.
An ASG typically consists of:
1. A First Service Organization (FSO): This is typically the primary service organization in the group.
2. A Second Service Organization (SSO) or partner: This is an organization or partner that provides services to the FSO or to the clients of the FSO.
3. An organization that has a significant ownership interest in the FSO or that is owned by highly compensated employees (HCES) of the FSO, provided the organization performs services for the FSO or its customers.
There are three main types of ASGs:
1. Traditional Affiliated Service Group: This type of ASG exists when an FSO and one or more SSOs or partners have a service relationship, and the SSO or partner is a shareholder or partner in the FSO.
2. Management Function Group: This occurs when an organization performs management functions for another organization that is not part of the same controlled group, and the organizations are not part of a traditional ASG.
3. Ancillary Service Group: This type of ASG exists when an organization is owned by HCES of another organization and provides services to the other organization or its customers.
Organizations that are part of an Affiliated Service Group must follow specific rules regarding employee benefit plans. They must treat all employees within the ASG as employees of a single employer for determining eligibility and compliance with various employee benefit plan rules, including retirement plans (like 401(k) plans) and certain welfare benefit plans.
Business owners with multiple organizations should be aware of the concept of ASGs and the associated rules.
Non-compliance can lead to penalties and tax consequences. Consulting with a tax professional, attorney, or benefits consultant can help ensure that your business structure and employee benefit plans comply with the Affiliated Service Group rules.