[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4001.3]

[Page 751]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4001_TERMINOLOGY--Table of Contents
 
Sec. 4001.3  Trades or businesses under common control; controlled groups.

    For purposes of title IV of ERISA:
    (a)(1) The PBGC will determine that trades and businesses (whether 
or not incorporated) are under common control if they are ``two or more 
trades or businesses under common control'', as defined in regulations 
prescribed under section 414(c) of the Code.
    (2) The PBGC will determine that all employees of trades or 
businesses (whether or not incorporated) which are under common control 
shall be treated as employed by a single employer, and all such trades 
and businesses shall be treated as a single employer.
    (3) An individual who owns the entire interest in an unincorporated 
trade or business is treated as his own employer, and a partnership is 
treated as the employer of each partner who is an employee within the 
meaning of section 401(c)(1) of the Code.
    (b) In the case of a single-employer plan:
    (1) In connection with any person, a controlled group consists of 
that person and all other persons under common control with such person.
    (2) Persons are under common control if they are members of a 
``controlled group of corporations'', as defined in regulations 
prescribed under section 414(b) of the Code, or if they are ``two or 
more trades or businesses under common control'', as defined in 
regulations prescribed under section 414(c) of the Code.