All Topics Flashcards
Non-contributory plans
The employees do not contribute to the plan
- Money Purchase Pension Plans
- ESOPs
- Profit Sharing Plans
Contributory plans
Employees are able contribute to the plan
- 401(k)s
- Thrift Plans
Maximum retirement benefit a participant in a Target-Benefit Plan can receive depends on
The value of the participant’s account at retirement
BD pension plans will have to increase funding costs associated with the plan if:
- Low turnover rate
- Early retirement
- Salary scale assumption
Target Benefit Plans
- Favors older participants
- Requires actuarial assumptions
- Maximum individual annual additions is the lesser of 100% of pay or $58,000
- Employer limit is 25% of covered compensation
- The only thing which actually determines the final retirement benefit in a target benefit plan is the account value at retirement.
Legal requirements apply to Employee Stock Ownership Plans (ESOPs)
- ESOPs must permit participants, age 55+ and who have at least 10 years of service, the opportunity to diversify their accounts
- Mandatory 20% withholding requirement does not apply to distributions of employer stock from an ESOP
- Deductions for interest payments are not limited for ESOP plans
- Deductions for repayment of principal is limited to 25% of covered compensation
Money Purchase Plan
Requires annual employer contributions equal to a formula determined by each participant’s salary
Defined Benefit Plan & Cash Balance Plan
Contributions are determined by:
- Age
- Salary
Profit Sharing plan
Doesn’t require annual contributions
SIMPLE IRA
- Employer contributions are determined by the amount of employee deferrals
- Maximum employer match = 3%
- 25% penalty on early distributions if withdrawn within the first two years
- Do not require 20% withholding because they are not qualified plans
Active participant
Employee who has benefited under one of the following plans through a contribution or accrued benefit during the year:
- Qualified plan
- Annuity plan
- Tax sheltered annuity (403(b) plan)
- Certain government plans (does not include 457 plans)
- SEPs
- SIMPLEs
Annual additions per participant to a DC Plan for the current year, maximum contribution is
The lesser of 100% of income or $58,000 (indexed).
What is the early withdrawal penalty for a SIMPLE IRA plan during the 2-year period beginning on the date the employee first participated in the SIMPLE plan
25%
457(b) Plan and 401(k) Plan
Contributions to a Section 457(b) plan do not count against the 401(k) plan limit. May contribute the maximum to each plan in the same year. Contribution limit to each plan is $19,500, therefore, he can contribute at total of $39,000 ($19,500 + $19,500).
Unit benefit (a.k.a. percentage-of-earnings-per-year-of-service) formula
- Rewards many years of service
Flat-percentage formula
- Work well, as long as the EE has ten years of service. The maximum benefits under IRC 415(b) are reduced for participation less than 10 years
Flat-amount formula
- Provide higher benefits for younger EEs compared to older EEs on comparative basis
New comparability formula
- Is a profit sharing plan
Possible disadvantage of a Simplified Employee Pension plan (SEP) for an employer
SEPs prohibit forfeitures
SEPs
- Exclusion: EEs can be excluded from plan up to 3 years or age 21, whichever is longer
- EE needs to earn only $650 to be included in the plan
- Max contribution into a SEP is 25% or $20,000 per EE
- Modification for owner would be: EE cont % / 1 + EE cont %
- Not QP
- DC Plan
Similarities between IRA and SEP
- Individual ownership of the account.
- All contributions into the account are fully owned by participant
- Subject to early withdrawal penalties and minimum distribution regulations
- All distributions from plan taxed as ordinary income
Defined Contribution Plan
Funding - 3% minimum to all eligible employees or less if less provided to the key employees.
- ER deductibility limit of 25% of covered payroll
- ER contributions must bear uniform resemblance to compensation and cannot discriminate in favor of highly compensated
- ER contributions are not subject to any payroll related taxes
- Can integrate with Social Security (sometimes called permissible disparity)
457 Plans
- Churches are not qualifying sponsors of 457 plans
- To avoid constructive receipt, agreement must be signed prior to the month the services are rendered and prior to receipt of the paycheck
- Distributions are permitted at termination or normal retirement age as stated in plan document
- Maximum elective deferral including catch-up: $39,000 for 2021, excluding catch-up: $19,500
- Deferrals are subject to SS & Medicare taxes at the later of: performance of services or employee becomes vested
- Periodic payments are treated as ordinary income
Payments under a “golden parachute”
- Are ordinary income
- Any amounts under the SS cap will be subject to OASDI tax
- All amounts are subject to Medicare tax
- Subject to additional 20% excise tax
- Non-qualified plans
- No lump sum treatment or IRA rollover options apply
Funding vehicles eligible (approved) for TSAs
- Fixed Annuity Contracts
- Mutual funds
- Credit union share account.
(TSA) Tax Sheltered Annuity/403(b)
- Is an EE deferral plan
- Is not a qualified plan
- Not subject to Federal/State Withholding tax
- Salary reductions are subject to SS and Medicare taxes.
- NOT exempt from all payroll taxes. They are still subject to SS and Medicare taxes
- Phase-outs do not apply TSA plans
- ER usually allow EE to control the allocation of assets within their TSA
- EE’s benefit is always 100% vested
- Long service catch-up: Deferral limit may be increased by up to $3,000 for EEs of Health, Education, Religious (HER) organizations who have completed 15 yrs of service and meet certain other requirements - max deferral may be as high as $29,000 ($19,500 deferral + $3,000 from the 15 year rule + $6,500 catch-up)
- May not invest in any direct investments (fixed income securities)
- Only EEs of public education systems and nonprofits can participate
- Funded through EE contributions
- Max loan: lesser of 50% of vested amount or $50,000 paid in quarterly (or more frequent) payments over 5 yrs, unless used for home purchase. It must carry reasonable interest rate
- All assets in QP are part of the GE of the account owner
- ERs may make matching contributions or contribute a fixed % of an EE’s compensation
Fringe Benefits
- There must be at least one cash benefit
- Only 25% of total benefits can accrue to key EEs
- Deferrals are allowed only through a 401(k) plan
- Mid-year changes in salary reductions are allowed only for qualified changes in status
Deferred Compensation (Other Stock Plans)
- If EE left company today before meeting the vesting period EE would not be allowed to take a loss on W-2 income that was included in income in the year of grant
- 83b election must be made 30 days after date the stock was initially transferred at grant
- Holding period starts at the date of grant. When EE meets the vesting period EE would not have recognized anything because of the 83b election
If a stock option is vested when it is received, and has a readily ascertainable value it is:
Vested options are taxable based on the value of the option to the extent the Fair Market Value exceeds the option price.
Cash Balance Pension Plan
- Plan is generally motivated by 2 factors: selecting a benefit design that EEs can more easily understand, and as a cost saving measure
- Is a DB plan
- Is subject to minimum funding requirements
- Has guaranteed minimum investment return
Max benefit a participant in a target-benefit plan will actually receive depends on
Value of the participant’s account at retirement
Qualified Plans
- IRS can get to assets in a qualified plan as well as spouses via a QDRO
- All qualified plan assets are held in a tax exempt trust and all earnings are deferred from taxation until distributed from the plan
Profit Sharing Plan Vesting
Must vest at least as rapidly as:
- 3-year cliff
- 2 to 6 year graduated schedule without regard to the plan’s top-heavy status
Plan can follow any vesting schedule that provides a more generous vesting schedule.
Integration with Social Security is sometimes called
Permissible disparity
ISOs (Incentive Stock Options)
- No regular taxable income will be recognized by the EE when the qualified option is granted or exercised
- For favorable tax treatment the stock must be held 2 years from grant and 1 year after exercise
- ER will be able to deduct the bargain element of the option as an expense if the sale is a disqualifying disposition
Group health insurance premiums
- S Corps and Sole Props cannot deduct any premiums for group health insurance for owners
- Premium paid by a partnership are passed through to the partner, who can deduct 100% of the costs on their individual tax return
De minimis exemption
Are not subject to a non-discrimination requirement because amounts are too small to make it worthwhile to account for the items
Cafeteria Plans
- At least 1 taxable (typically cash) and non-taxable benefit must be offered under a plan
- Medical FSAs allow reimbursement for eligible medical expenses for the employee and any dependents
- Qualifying change in status is required to make a mid-year change in elections
- Allow salary reductions which are taken from an EE’s salary before Federal and State withholding tax as well as SS and Medicare taxes (FICA)
Eligible non-taxable cafeteria plan benefits are:
- Adoption assistance
- Dependent care assistance
- Group term life
- Disability coverage
- Generally can not include any plan that offers a benefit that defers an EE’s compensation, like a contribution to a retirement plan. However, it may include a qualified 401(k) plan (CODA) as an available non-taxable benefit (still subject to FICA)
Dues and licenses
Are excluded from taxable income if directly related to the employee’s job
Group survivor’s income insurance
A policy offering no choice of beneficiary
Employers provide benefits to employees for which of the following reasons
- Assist EEs with needs which they otherwise may not be able to meet.
- Reduce tax burden on EEs
- Reduce tax burden on ERs
- Attract and maintain quality EEs
QUALitative Information
- Health
- Life expectancy
- Family circumstances
- Values
- Attitudes
- Expectations
- Earnings potential
- Risk tolerance
- Goals, needs, and priorities
- Current course of action
QUANTitative Information
- Age
- Dependents
- Other professional advisors
- Income
- Expenses
- Cash flow
- Savings
- Assets
- Liabilities
- Available resources
- Taxes
- Employment benefits
- Government benefits
- Insurance coverage
- Estate plans
- Education and retirement accounts and benefits
- Capacity of risk
Commercial General Liability contract includes
- Coverage A, bodily injury & property damage liability
- Coverage B, personal & advertising liability
- Coverage C, medical payments
P&C: Full replacement cost
Requires the full value of the property be insured (the house burned to the ground).
P&C: Partial loss coverage
At least 80% of the value must be insured (some fire or water damage, not a full loss).
On homeowner policy forms where other structures are covered, the coverage is
Usually 10% of the dwelling