Retirement Plans Tax Info Sheet
QUALIFIED RETIREMENT PLANS
- Contributions to the plan am deductible by the employer
when made, but not taxed to the employee until distributed. ' Funds accumulate
tax-deferred for retirement ' Attracts qualified employees and retains
existing employees
- Encourages loyalty among existing employees by requiring a
specified number of years of service before an employee is entitled to
employer contributions (known as vesting)
- Offers a benefit competitive with other companies that
offer qualified plans
- Usually very favorable for self-employed individuals
- Funds accumulated in a plan are not subject to the claims
of either the employee's or employer's creditors
- Certain plans allow employees to make plan contributions on
a pre-tax basis
Retirement Plan Disadvantages
- Some plans must meet complex requirements to keep the
plan's tax favored status
- Some plans are expensive and time-consuming to operate
- Some plans are subject to special top-heavy rules that
require minimum contributions for lower-paid employees and more rapid vesting
of benefits
- Some plans must file Form 5500
- Plan fiduciaries, including the plan administrator, must
act in the best interest of participants and beneficiaries. Fiduciaries are
not only subject to significant penalties if they breach this responsibility,
they may also be personally liable for any losses to the plan resulting from
the breach
- Depending on the type of plan, an annual contribution may
be required
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Qualified Plan Special Rules |
Eligibility |
A Employees who are age 21 or older and who have completed a year of service must generally be allowed to participate in the plan. |
| Coverage |
The plan must cover a broad range of employees and cannot discriminate in favor of owners or key employees. |
| Vesting |
Participants generally must be entitled to 100% of their plan benefits after five years of service (seven years of service if graded vesting begins after two years of service) |
| Nondiscrimination |
Plan contributions and benefits cannot discriminatein favor of owners or key employees. |
QUALIFIED RETIREMENT PLAN TYPES
Defined benefit plans promise specific benefits at retirement. For
example, the plan might promise to pay an employee at retirement 80% of his
average salary for the last five years of employment. The employer is required
to make annual contributions to fund this benefit. This amount must be
determined by an actuary.
Defined contribution plans provide benefits based on the amount
contributed to an employee's individual account plus any earnings or forfeitures
of other employees that are allocated to the account. The amount available at
retirement equals whatever is in the employee's account at that time.
Defined contribution plans include:
- Profit-sharing plans.
- Money purchase pension plans.
- 401 (k) plans.
For 2007, contributions plus plan forfeitures allocated to a participant's
account cannot exceed $45,000 or, if less, 100% of the participant's
compensation.
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Employer Deduction Limits |
Defined Benefit Pension Plan |
Amount necessary to satisfy annual minimum funding standard. Must be actuarially determined |
| Profit-Sharing Plans and SEPs |
Up to 25% of total compensation paid to all plan participants |
| SIMPLE IRA Plans |
The employer matching or non-elective contribution, whichever is required |
PAYROLL DEDUCTION IRAS
Payroll deduction IRAs are an economical way to encourage employees to save for
retirement, in effect, the employer collects employee IRA contributions and
transmits them to the custodian or trustee.
Contributions cannot exceed the lesser of the employee's compensation or $4,000
for 2007 ($5,000 if age 50 or older).
SIMPLIFIED EMPLOYEE PENSIONS (SEPS)
- An SEP allows an employer to make contributions to
employees' IRAs. Although designed for small businesses, any employer,
regardless of its size or number of employees, may establish an SEP.
Contributions paid to an SEP are deductible by the employer and excluded from
the employees' income until withdrawn
- Employees who are age 21 or over, performed services for
the employer for at least three of the immediately preceding five years and
received at least $500 from the employer must be allowed to participate
- For 2007, contributions are generally limited to $45,000
or, if less, 25% of the participant's compensation and generally must be made
pro rata to all participants.
SIMPLE IRA PLANS
- SIMPLE IRA plan is a salary reduction arrangement under
which employees can elect to have part of their paychecks contributed to an
IRA
- SIMPLE IRA plans must cover all employees who received at
least $5,000 in compensation from the employer during any two prior years, and
who are reasonably expected to receive that much or more in the current year
- A SIMPLE IRA plan can only be established by an employer
that had 100 or fewer employees earning at least $5,000 during the preceding
calendar year
- Employee elective deferrals are limited to $10,500 ($13,000
if age 50 or older) for 2007. Employers must generally make either 3% matching
or 2% non-elective contributions
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