Lesson 1 of Retirement Planning: Introduction to Qualified Plan Flashcards

1
Q

Qualified Plan Overview!

A

Introduction
Pension Plans vs. Profit Sharing Plans
Defined Benefit vs Defined Contribution Plans
Advantages of Qualified Plans
Qualification Requirements
Controlled Groups
Affiliated Service Groups

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Introduction

A

Each retirement plan has unique benefits and characteristics, but if the plan is to be qualified plan, it must follow a standard set of rules and retirements to attain “qualified” status under Internal Revenue Code (IRC) Section 401 (a).

Qualified Plans consist of pension plans and profit sharing plans, not just 401 (k) plans. They are further categorized as either defined benefit and defined contribution qualiifed plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Different Plans Chart

How Many Plans?
Pension Plans:
Profit Sharing Plans:
Defined Benefit Pension Plans:
Defined Contribution Pension Plans:
Defined Contribution Profit Sharing Plans:

A

Pension Plans: 4 Types
Profit Sharing Plans: 7 Types
Defined Benefit Pension Plans: 2 Types
Defined Contribution Pension Plans: 2 Types
Defined Contribution Profit Sharing Plans: All 7

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

If It’s a Pension Plan and Defined Benefit Pension Plan?

A

Defined Benefit Pension Plan

Cash Balance Pension Plans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

If It’s a Pension Plan and Defined Contribution Pension Plans?

A

Money Purchase Pension Plan

Target Benefit Pension Plans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If its Profit Sharing Plans and Defined Contribution Profit Sharing Plans

A

Profit Sharing Plans

Stock Bonus Plans

Employee Stock Ownership Plans

401 (k) Plans

Thrift Plans

New Comparability Plans

Age-Based Profit Sharing Plans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Exam Tip

A

You will need to know the chart above AND the charts for pension vs profit sharing plans AND defined benefit vs defined contribution to answer the assorted “pick-a-plan” questions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Exam Question

Which of the following is not a qualified retirement plan?

a) ESOP
b) 401 (k) plan
c) 403 (b) plan
d) target benefit plan

A

Answer: C

A 403 (b) plan is a tax-adventaged plan, not a qualified plan. All of the others are qualified plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Exam Question

Which of the following is an example of a qualified retirement plan?

a) Rabbi trust
b) 401(k) plan
c) Nonqualified stock option plan
d) ESPP

A

Answer: B

A 401 (k) plan is a qualified plan. All of the others are not qualified retirement plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Pension Plans vs Profit Sharing Plans

A

A pension plan is a qualified retirement plan that pays a benefit, usually determined by a formula, to a plan participant for the participant’s entire life.

Under profit sharing plans, plan participates usually become responsible for the management of the plan’s assets (investment decisions) and sometimes even responsible for personal contributions to the plan (contributory plans).They are a qualified retirement plan too.

The following chart contrasts the differences between pension and profit sharing plans.

Both type of plans are qualified retirement plans,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Exam Tip

A

Know the difference between pension plans and profit sharing plan.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Pension & Profit Sharing Chart

Characteristic:

  • Legal promise of the plan
  • Are in-subject withdrawals permitted?
  • Is the plan subject to to madatory funding standards?
  • Percent of plan assets available to be invested in employer securities
  • Must the plan provide qualified joint and survivor annuity and a qualified persurvivor annuity?
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Defined Benefit vs Defined Contribution Plans

A

All defined benefit plans are pension plans, but defined contribution plans can either be pension plans or profit sharing plans.

Pension Plans can either be defined benefit or defined contibution, while all profit sharing plans are defined contribution plans.

The following chart compares the characteristics of defined benefit and defined contribution plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Exam Tip

A

Know the differences between defined benefit vs defined contribution plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Defined Benefit and Defined Contribution Plans Chart

Characterisitcs:

  • What is the Annual Contribution Limit
  • Who assumes the investment risk?
  • How are forfeitures allocated?
  • Is the plan subject to Pension Benefit Guaranty Cooporation (PBGC) coverage?
  • Does the plan have seperate investment accounts?
  • Can credit be given for prior service for the purpose of benefits?
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Exam Question

a) The plan specifies the benefit an employee receives at retirement.

b) The law specifies the maximum allowable benefit payable from the plan is equal to the
lesser of 100% of salary or $265,000 (2023) per year currently.

c) The plan has less predictable costs as compared to defined contribution plans.

d) The plan assigns the risk of pre-retirement inflation, investment performance, and ade-
quacy of retirement income to the employee.

A

Answer: D

Option D describes characteristics of a defined contribution plan. Defined benefit plans assign
the risk of pre-retirement inflation, investment performance, and adequacy of retirement income to the employer, not the employee.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Advantages of Qualified Plans

A

“Qualified plans” under Section 401 (a), provide employers with: (1) current income tax deductions and (2) payroll tax savings. They provide plan participants with (1) income tax deferrals, (2) payroll tax savings and (3)
federally provided creditor asset protection.

Tne trade off for the tax advantages of qualified plans are the cost of the plan (both the operational expenses and contributions) and compliance, including vesting, funding, eligiblity, nondiscrimination testing, IRS reporting, and employee disclosure.

Income Tax
Payroll Taxes
ERISA Protection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Income Tax

A

Employers receive a current income tax deduction for contributions made to plans; they are an ordinary and necessary cost of business.

Employers are limited to a maximum of 25 percent (or as actuarially determined for defined benefit plans) of the total of covered compensation paid to its employees as a contribution to a qualified plan.

Employees are not currently taxed on the related plan contribution; employees will be taxed when the funds are distributed from the plan.

This tax structure is an exception to the “normal”
matching principle that allows the employer a
deduction only when the employee has income.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Payroll Taxes

A

In addition to income taxes, an employee’s wages are subject to payroll taxes equal to 6.2 percent for Old Age Survivor and Disability Insurance (OASDI) on their compensation up to $160,200 for 2023 and 1.45 percent for Medicare tax on 100 percent of the employee’s compensation.

The employer is required to match any payroll taxes paid by the employee, creating a combined total payroll tax of 12.4 percent for OASDI up to $160,200 and 2.9 percent for Medicare (100 percent of compensation).

However, employers and employees are exempt from payroll taxes on employer contributions to a qualified retirement plan, providing up to a 15.3 percent (12.4 percent OASDI and 2.9 percent Medicare tax) savings on taxes for employer contributions into a qualified plan.

An individual is liable for Additional Medicare Tax of 0.9% if the individual’s wages, compensation, or self-employment income (together with that of his or her spouse if filing a joint return) exceed thethreshold amount (which is not indexed) for the individual’s filing status:

  • Married filing jointly $250,000
  • Married filing separate $125,000
  • Single $200,000
  • Head of household (with qualifying person) $200,000
  • Qualifying widower) with dependent child $200,000

This payroll tax exclusion does not apply to employee elective deferrals to retirement plans such as 401(k), 403(b), SIMPLEs, SARSEPs, and 457 plans.

Tax deferred funds will be taxable when distributed from the qualified retirement plan; at that point the recipient of the distribution will have taxable income. But, the distributions will not be subjected to any payroll taxes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Example of Payroll Taxes

A

If Wine Seller paid its two employees $50,000 each in wages and did not contribute to a qualified profit sharing plan for the year, Wine Seller would incur payroll taxes relating to the wages of $7,650 (S100.000 x 7.65%). Wine Seller’s employees would have also incurred payroll taxes of $7,650 for total pavroll taxes of $15,300.

In comparison,

  • If Wine Seller would have paid its 2 employees $45,000 each in wages and contributed $5,000 to a qualified profit sharing plan for each employee, Wine Seller would incur total payroll taxes relating to the wages and profit sharing plan contribution of $6.885 ($90 000 x 7.65%).
  • In this case, Wine Seller’s employees would also only incur $6,885 of pavroll taxes for a total of $13,770 of payroll taxes. The combined payroll tax savings would be $1,530 ($15,300-$13,770); however, Wine Seller’s employees received total payments for services rendered equal to $50,000, $45,000 as cash compensation and $5,000 in contributions to a qualified profit sharing plan.
  • Note that even at the time distributions are taken from the qualified profit sharing plan, the distributions will not be subjected to payroll taxes. The $1,530 of payroll tax is permanently avoided.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

ERISA Protection

A

Because of various abuses by plan sponsors, Congress enacted the Employee Retirement Income and Security Act (ERISA) in 1974 to provide protection for an employees retirement assets, both from creditors and from plan sponsors.

Anti-Alienation Protection:

  • Because a qualified plan is designed to provide individuals with income at their retirement, ERISA provides an anti-alienation protection over all assets in the plan.
  • Once funds are distributed from a qualified retirement plan, the distributed assets are no longer protected by ERISA.
  • However, qualified retirement plan assets are not protected from alienation due to a Qualified Domestic Relations Order (QDRO - a court order related to divorce, property settlement, or child support), a federal tax levy, or from a judgment or settlement rendered upon an individual for a criminal act involving the same qualitied plan.
  • Individual Retirement Accounts (Traditional, Roth, SEP, or SIMPLE) are not afforded the same anti-alienation protection under ERISA. Recent legislation, the Bankruptcy Abuse Prevention and
    Consumer Protection Act of 2005 (BAPCPA2005), provided IRAs similar creditor protection. The Act clarifies that retirement accounts that are exempt from tax under the Internal Revenue Code are also exempt from the debtor’s estate (up to $1 million).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Example of ERISA

A

Arthur has $4,000,000 in qualified retirement plan assets. Arthur’s business failed and Arthur personally filed for federal bankruptcy (Chapter7). At the time of the bankruptcy filing, Arthur had assets totaling $250,000 and debts totaling $650,000. The court awarded Arthur’s creditors $0.38 on the dollar and relieved Arthur of any remaining creditor claims.

This left Arthur with nothing except his qualified retirement plan assets. Because of the ERISA afforded anti-alienation protection, the court could not award any of Arthur’s $4,000,000 of qualified retirement plan assets to his creditors. Arthur will continue to have full rights over the assets of his qualified retirement plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Advantages of Qualified Plans

A

Advantages to the Employer:

  • Employer contributions are currently tax deductible.
  • Employer contributions to the plan are not subject to payroll taxes.

Advantages to the Employee:

  • Availability of pretax contributions for employees.
  • Tax deferral of earnings on contributions.
  • ERISA protection
  • Lump-sum distribution options (ten-year averaging (a), NUA, Pre-1974 capital gain treatment)

(a). ten year forwarding average only applies to those born prior to 1936.

Exam Tip: Make a flashcard for this chart.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Chart of Disadvantages of Qualified Plans

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Qualification Requirements

A

The IRC imposes requirements regarding eligibility, coverage, vesting, and plan funding limits for employers sponsoring qualified retirement plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Eligibility

A

Standard eligibility requirements state an employee is considered eligible to participate in the plan after completing a period of service that extends beyond the later of either the attainment of age 21 or the completion of one year of service (defined as a 12-month period in which the emplovee works at least 1,000 hours).

Standard eligibility is the most stringent standard. Employers can be more generous, such as having an age requirement of 19 or 20, in lieu of age 21 or having a service requirement that is less than one year. More general eligibility rules are often found in 401(k) plans.

Beginning for tax years after 12/31/2020, long-term part-time employees can make elective deferrals if:

  • Employee worked at least 500 hours per year for three consecutive years and is age 21 by the end of the three consecutive years.
  • The twelve month periods prior to 1/1/2021 will not count towards the three consecutive years. The long-term part-time employees who meet the requirements will be able to make their first contribution in 2024.

Plan Entrance Date:

  • The employer may require employees to wait until the next plan entrance date after the employee has become eligible to join the plan as long as the next available entrance date is not more than six months after the date of eligibility as determined above.
  • Because of this rule, most qualified retirement plans establish two plan entrance dates per year.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Example

Party Place operates a money purchase pension plan on behalf of its employees. The plan has
entrance dates of January 1 and July 1 of each year. On April 12, 20x1, Sam turned 21 years old
and celebrated three years of service. On November 15, 20x1, Martha, age 25, celebrated her one-year anniversary of employment. Party Place considered Sam a participant in the plan at
July 1, 20x1, and Martha, a participant in the plan at January 1, 20x2.

Exam Tip: Study the example carefully.

A

Both employees were required to wait for entrance into the qualified retirement plan past their exact eligibility date, but neither was required to wait for more than six months past their exact eligibility date. Thus, the plan meets IRC entrance requirements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Special Eligibility Rules (An Exception)

A

As an exception to the eligibility rule, a qualified retirement plan may require that an employee complete two years of service to be eligible for participation in the qualified retirement plan.

  • This is the employer choosing the 2 year instead of the 1 year.

If the employer elects this special exception for its qualified retirement plan, then plan participants are immediately vested in their accrued benefit or account balance upon completion of two years of service.

  • This exception is not available to 401(k) plans.

Company decides 2 years instead of 1.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Example of Special Eligibility Rules

A

Doc in a Box sponsors a stock bonus plan (a qualified plan) that requires that its employees be
21 years old and complete two years of service before being considered eligible to participate in
the stock bonus plan. To retain qualified status for the stock bonus plan, Doc in a Box’s stock
bonus plan must provide its plan participants with a 100 percent immediate vested account balance after completing two years of service.

Therefore, any employer contributions to the plan will be automatically fully vested for the employee as of age 21 and 2 years of service.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Exam Question

The following statements concerning retirement plan service requirements for qualified plans
are correct EXCEPT:

a) The term “year of service” refers to an employee who has worked at least 1,000 hours
during the initial 12-month period after being employed.

b) If an employee hired on October 5, 20x1 has worked at least 1,000 hours or more by
October 4, 20x2, he has acquired a year of service the day after he worked his 1,000th
hour.

c) An employer has the option of increasing the one-year of service requirement to 2 years
of service.

d) Once an employee attains the service requirement of the plan, the employer cannot
make the employee wait more than an additional six months to be considered eligible to participate in the plan.

A

Answer: B

Option B is false because the employee would NOT acquire a year of service the day after he
worked his 1,000th hour, but after twelve months AND 1,000 hours. While option C is correct,
the exception does not apply to 401 (k) plans.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Exam Question

Which of the following statements are reasons to delay eligibility of employees to participate in
a retirement plan?

  1. Employees don’t start earning benefits until they become plan participants (except in
    defined benefit plans which may count prior service. (Look at defined benefit v.s. defined contribution chart).
  2. Since turnover is generally highest for employees in their first few years of employment and for younger employees, It makes sense from an administrative standpoint to delay their eligibility.

a) 1 only.
b) 2 only.
c) Both 1 and 2.
d) Neither nor 2

A

Answer
Both 1 and 2 are correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Exam Question

MAD Incorporated sponsors a qualified plan
that requires employees to meet one year of service and to be 21 years old before being considered eligible to enter the plan. Which of the following employees are not eligible?

1) Jim, age 18, who has worked full-time
with the company for 3 years.
2) Rachel, age 22, who has worked full-time with the company for 6 months.
3) Brian, age 62, who has worked 500 hours per year for the past 6 years. (a)
4) Patrick, age 35 who has worked full-time with the company for 10 years

a) 4 only.
b) 1 and 2.
c) 3 and 4
d) 2, and 3

A

MAD can exclude anyone who has not attained age 21 and has not completed one year of service with the company with 1,000 hours during that year.

  • Jim is not yet 21.
  • Rachel has not completed a full 12 months of service.
  • Brian does not work at least 1,000 hours each year.
  • Under the new rules, Brian will be eligible after he obtains 3 years of long-term part-time employment.
  • Years prior to 2021 will not count towards his 3 years. He will be eligible in 2024.

(a) SECURE Act changed this rule for plan years beginning after December 31, 2020.
Long-term part-time employees need three consecutive years beginning 1/1/2021

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Coverage

A

Qualified plans are required to provide benefits under the plan to a minimum number of nonhighly compensated employees. As part of this determination, employees who do NOT meet the eligibility rules (age and service) can be excluded from coverage requirements. Employees who are part of a collective bargaining agreement (i.e., union employees) can also be
excluded

An employee is covered under a qualified retirement plan when he receives a benefit from the plan. The word benefit means an employer contribution, an accrued benefit, or simply the right to participate in the case of a 401(k) plan.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Coverage Subsections

A

Nondiscriminatory Classisifcation
Coverage Tests
Highly Compensated Employees

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Nondiscriminatory Classification

A

While all “eligible” employees must be considered, not all must be covered by the plan for it to maintain its qualified status.

However the selection of nonexcludable employees who will benefit under a qualified retirement plan must be reasonable and established based on the facts and circumstances of the business under objective business criteria.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Coverage Tests

A

The general rule for coverage is that the plan must cover at least 70% of nonhighly compensated employees (defined below). However, there are exceptions (ratio percentage test an average benefits percentage test).

Therefore, to be qualified, the retirement plan must meet at least one of the three following tests:

  • (1) the general safe harbor test,
  • (2) the ratio percentage test, or
  • (3) the average benefits test.

In addition, Defined Benefit plans must ALSO pass an additional coverage test, know as the 50/40 test (discussed below).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Highly Compensated Employees

(Very Important Defintion)

A

For purposes of several retirement plan test calculations, all of the “eligible” employees are further segregated into two classifications:

  • Highly Compensated (HC) and
  • Non-Highly Compensated NHC).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Highly Compensated

A

The definition of a highly compensated employee provided by the IRC is an employee who
is either:

  • A more than 5 percent owner (defined below) at any time during the plan year or preceding
    plan year, or
  • An employee with compensation in excess of $150,000 (2023) for the current plan year, or
  • An employee with compensation in excess of $135,000 (2022) for the prior plan year.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

5 Percent Owner Definition?

A

The IRC defines a “5-percent owner” as anyone who owns more than five percent of a company stock or capital.

Therefore, if an employee owned five percent of his employer’s stock, that employee would not be considered highly compensated.

  • Don’t forget - In addition to direct ownership, the family attribution rules consider shares of stock owned by certain relatives, including stock owned by an individual’s spouse, children, grandchildren, or parents as if owned by one owner.
  • Employers can elect (in the qualified plan document) to limit highly compensated employees to those with compensation in excess of the annual limit AND who are in the top 20% of paid employees, as ranked by compensation. The top 20% is simply the number of employees multiplied by 20% to identify the number of employees to satisfy the limit. This election may shift or reclassify some employees as NHC who have income above the annual limit. This reclassification may help the employer pass the coverage test or the ADP test (discussed later).
  • A greater than five percent owner is ALWAYS highly compensated.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

2 Examples

A

Hank, his wife Willa, and his son Sammy, each own one-third of the stock of the Best Corporation. For purposes of determining the amount of stock owned by Hank, Willa, or Sammy, the amount of stock held by the other members of the family is added together. Thus, for coverage testing, each of them is deemed to own 100 percent of the stock of the Best Corporation.

John, his wife Laura, his son Jeff, and his grandson (Jeff’s son) Dash, own the 100 outstanding shares of JLJD, Inc. stock, each owning 25 shares, John, Laura, and Jeff are each considered as owning 100 shares of JLJD, Inc. Dash is considered as owning only 50 shares (his own and his father’s).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Exam Question

A

Answer: C

All three individuals are considered highly compensated for the current year. Even though Elizabeth does not own more than 5% in the current year, she is considered highly compensated because she owned greater than 5% in the proceeding plan year. Carol is highly compensated because she is a greater than 5% owner in the current year. David is highly compensated because his income exceeds the compensation limit ($150,000) for the current year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Exam Tip

A

The S% owner ship for HE is not a provided number, while the dollar figures are provided on the CFP Board exam handout

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Chart Summarizing Characterisitics of Highly Compensated Employees

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Exam Question

Which of the following people would be considered highly compensated for 2023 assume the company made the election to reduce)?

a) Renee, a one percent owner who earns $80,000 per year.

b) Hannah, who earned $130,000 last year and is the 40th highest paid employee of 100
employees.

c) Conrad, a 20 percent owner who earns $40,000 per year.

d) Daniel, a 5 percent owner who earns $45,000 per year.

A

Answer: C

Only Conrad would be considered highly compensated because he is greater than a 5 percent owner. An individual is deemed highly compensated if he is either a greater than 5 percent owner, or has earnings in excess of $150,000 (2023) and is in the top 20 percent, as ranked by salary of all employees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

The Coverage Tests

A

General Safe Harbor Coverage Test
Ratio Percentage Test
Average Benefits Test (Both Test)
50/40 Test: Only for Defined Benefit Plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

General Safe Harbor Test Explanation

A

The general safe harbor coverage test is a straightforward test. A qualified retirement plan satisfies the general sate harbor coverage test if the plan benefits 70 percent or more of the nonexcludable (eligible), nonhighly compensated (NHC) employees. If you pass this - move on!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

How to Determine if Passes or Fails for General Safe Harbor Coverage Test

A

% of NHC covered ≥ 70%

NHC is nonhighly compensated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Exam Question

ABC Co. has 125 employees. One hundred of these employees are nonexcludable and 25 of
those are highly compensated (75 are nonhighly compensated). The company’s qualified profit
sharing plan benefits 21 of the highly compensated employees and 55 of the nonhighly compensated employees. Does the plan meet the sate harbor coverage test?

a) No, percent covered is 50%
b) Yes, percent covered is 73.3%
c) No, percent covered is 73.3%
d) Yes, percent covered is 50%

A

Answer: B

The profit sharing plan meets the general sate harbor coverage test because it benefits 73.33
percent (55 ÷ 75) of the nonhighly compensated eligible employees.

See picture for more.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Ratio Percentage Test (People Test) Explanation

A

The ratio percentage test compares the percentage of covered nonhighly compensated employees to the percentage of covered highly compensated employees. A plan satisfies the ratio percentage test if at least 70 percent of nonexcludable (eligible), nonhighly compensated employees are covered under this calculation. (Again if you pass this - the coverage requirement is met!)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

How to Determine if Passes or Fails for Ratio Percentage Test

A

(% of NHC Covered ÷ % of HC Covered)

≥ 70%

51
Q

Example 1

A qualified profit sharing plan covers 60 ot the 100 (60%) nonexcludable NHC employees and
40 of the 50 (80%) nonexcludable HC employees.

A

This profit sharing plans ratio percentage is
75 percent (60% ÷ 80%), and, thus, satisties the ratio percentage test.

The plan would not pass the general sate harbor coverage test because the plan only covered of the nonhighly compensated employees. Remember, the plan only has to pass one test and this one passed the ratio percentage test.

52
Q

Example 2

A qualified profit sharing plan covers 40 percent of the nonexcludable (80 out of 200) NHC
employees and 60 percent of the nonexcludable HC employees (30 out of 50).

A

The plan’s ratio percentage is 66.67 percent
(40% ÷ 60%), failing the ratio percentage test. The plan also fails the safe harbor test because the plan does not cover ≥ 70 percent of the NHC.

53
Q

Average Benefits Test

A

Consists of two tests:

  • The average benefits percentage test, and
  • The nondiscriminatory classisifcation test.
54
Q

Average Benefits Percentage Test

A

A retirement plan satisfies the average benefits percentage test if the following ratio is at least
70 percent.

55
Q

How to Determine if Passes or Fails for Average Benefits Percentage Test

A
56
Q

Example 1

A
57
Q

Example 2

Zara’s Market emplovs 400 people and sponsors a money purchase pension plan for its employees. Of the 350 nonexcludable employees, 50 are HC employees and 300 are NHC employees. The HC have a calculated average benefit percentage of 10 percent, and the NHC have a calculated average benefit percentage of eight percent.

A

This money purchase pension plans satisfies the
average benefit percentage test of the average benetits test because the ratio of the average benefit of the nonhighly compensated (8%) to the average benefit of the highly compensated (10%) is 80 percent (8% ÷ 10%). Which is greater than the requirement of 70 percent

58
Q

Nondiscrimatory Classification Test

A

To satisfy this requirement, the method in which an employer chooses employees to cover under a qualified plan must meet both of the following requirements:

The classification must be reasonable and established, based on the facts and circumstances of the business. under objective business criteria that identify the category of employees who benefit under the plan, and

The classification must be nondiscriminatory. In order for the classification to be nondiscriminatory, the plan must meet one of the following two tests:

  • Safe harbor test - A plan satisfies the safe harbor test for a plan year if and only if the plan’s
    ratio percentage is greater than or equal to the employer’s safe harbor percentage.
  • Facts and circumstances test - To meet this test the plan’s ratio percentage must be greater than
    or equal to the unsafe harbor percentage and the classification must satisfy a factual determination.
59
Q

Exam Tip

A

The nondiscriminatory classification test has a low probability of being covered on the CFP Exam. Therefore, this topic should not be your highest priority.

60
Q

Must meet Both Requirements to Pass Nondiscrimination Classification Test

A
  1. Classification must be reasonable and established based on the facts and circumstances of the business
    under objective business criteria, and
  2. Must Pass either the Safe Harbor Test or Facts and Circumstances Test
61
Q

Safe Harbor Test

A
62
Q

Facts and Circumstances Test

A

Commissioner finds the classification nondiscriminatory and it meets the following test.

63
Q

Chart Summarizes the Coverage Tests for Qualified Retirement Plans

A
64
Q

Example of Nondiscrimatory Classification Test

A

Need to calculate Ratio Percentage Test to calculate Safe Harbor and Unsafe Harbor Test.

65
Q

Exam Question

Johnson Brothers Co. has a noncontributory qualified profit sharing plan with 310 employees in total, 180 who are nonexcludable (40 HC and 140 NHC). The plan covers 72 NHC and 29 HC
The NHC receive an average of 4.5% benefit and the HC receive 6.5%. Which of the following
statements is (are) correct?

  1. The Johnson Brothers Co. plan meets the ratio percentage test
  2. The Johnson Brothers Co. plan fails the average benefits test.
  3. The plan must and does meet the Actual Deferral Percentage (ADP) test.

a) 1 only
b) 2 only.
c) Both 1 and 2.
d) 2 and 3

A

Answer: C

The plan does not have to meet the ADP test because it is a noncontributory plan.. The plan meets the ratio percentage test and fails the average benefits test

66
Q

Exam Question

Felipe’s Fine Furniture has 105 employees. Ninety of the employees are nonexcludable and 15 of those are highly compensated (75 are nonhighly compensated). The company’s qualitied profit sharing plan benefits 8 of the highly compensated employees and 40 of the nonhighly compensated employees. Does the profit sharing plan sponsored by Felipe’s Fine Furniture meet the coverage test?

a) Yes, the plan meets the average benefits percentage test.
b) Yes, the plan meets the general safe harbor test.
c) Yes, the plan meets the ratio percentage test.
d) Yes, the plan meets ratio percentage test and the general safe harbor test.

A

Answer: C

The plan meets the ratio percentage test. The percentage of NHC employees covered by the plan is 53.33 percent (40 that benefit divided by 75 that are eligible) and the percentage of HC
employees covered by the plan is 53.33% (8 that benefit divided by 15 that are eligible). The ratio percentage of the NHC employees covered by the plan compared to the ratio percentage of the HC employees covered by the plan is 100 percent (53.33% ÷ 53.33%) which is greater than
the ratio requirement of at least 70 percent.

Shortcut::
Another method of determining whether the plan meets the ratio percentage test is to determine
the minimum number of nonexcludable NHC employees that must be covered by the plan to
pass the ratio percentage test. This can be determined by calculating 70 percent of the percentage of HC covered by the plan multiplied by the number of nonexcludable NHC employees. In this problem, it would be calculated as follows:

[((8 ÷ 15) x 70%) x 75] = 28. Twenty-eight
NHC employees must be covered to pass the ratio percentage test. The facts do not give us any information to determine if the plan meets the average benefits percentage test.
The plan does not meet the general safe harbor test which requires that at least 70 percent of the
NHC employees are covered by the plan. Only 53.33% are covered.

67
Q

Defined Benefit 50/40 Test

A

In addition to meeting one of the three coverage tests, a defined benefit plan must satisfy the 50/40 coverage test. The 50/40 coverage test requires the defined benefit plan to benefit the lesser of 50 nonexcludable (eligible) employees or 40 percent of all nonexcludable (eligible) employees on **each day **of the plan year.

68
Q

Exam Tip

A

To remember that it’s 50 employees or 40%, remember “people come first.”

69
Q

Required Coverage Levels for Various Number of Employees

A
70
Q

Example

Hollinger Shipyards sponsors a defined benefit plan for its employees. Hollinger Shipyards has 200 employees, 20 of whom are excludable because they do not meet the age and service requirements set forth in the plan document. Fifteen of the nonexcludable employees are HC and the remaining I65 are NHC employees. Ten of the HC employees are covered under the defined benefit plan, and 150 of the NHC employees are covered under the defined benefit plan. The average benefit percentage for the HC is 15 percent, and the average benefit percentage for the NHC is six percent. The selection of the covered class is determined to be nondiscriminatory. To be considered as passing the coverage test, Hollinger Shipyards defined benefit plan must pass either the general safe harbor test, the ratio percentage test, or the average benefits test and must also pass the 50/40 coverage test

A

Note: Since the plan passed the safe harbor test, it does not have to pass the ratio percentage test or the average benefits test. Because it is a defined benefit plan, however, it must also pass the 50/40 test.

Exam Tip: Be able to work the tests in this chart.

71
Q

Exam Question

Safeguard-It Company has a defined benefit plan with 200 nonexcludable employees (40 HC
and 160 NHC). They are unsure if they are meeting all of their testing requirements. What is the minimum number of total employees that must be covered on a daily basis to conform with the requirements set forth in the IRC?

a) 40.
b) 50
c) 80.
d) 100.

A

Answer: B

The 50/40 rule requires that defined benefit plans cover the lesser of 50 employees or 40 percent of all eligible employees. Here 40 percent would be 80, so 50 is less than 80. This would be the absolute minimum number of covered employees

72
Q

Exam Question

Big River Bank has a defined benefit plan with 60 employees. What is the minimum number of
employees the defined benefit plan must cover to conform with the requirements set forth by the IRC?

a) 24.
b) 30.
c) 42.
d) 50.

A

Answer: A

The plan must cover the lesser of 50 people or 40 percent of all employees. In this case, the
lesser would be 40 percent of 60, or 24 people.

73
Q

Vesting

A

Vesting is the transfer of ownership of employer contributed assets to the employee over a specific period of time. As the employee accrues years of service with an employer, the employee will begin to have ownership of contributions (and the associated earnings) made by the employer, according to a vesting schedule.

If an employee terminates before being fully vested, then he or she will forfeit a portion of the employer’s funds (and associated earnings).

An employee’s elective deferral contributions are always 100 percent vested as are any related earnings. These funds are always the employee’s funds because they represent a salary reduction plan, therefore, they were always owned by the employee.

Employer contributions, generally vest using a cliff or graduated vesting schedule. A cliff vesting schedule provides an employee full rights to the plan’s assets immediately upon the passage of certain number of years of service, usually three years. A graduated vesting schedule provides an employee with full rights to a certain percentage benefit (less than 100%) after completing a certain number of years of service and provides the employee with an additional percentage for additional years of service.

The following charts detail the Defined Contribution Plan Vesting Schedules and Defined Benefit Plan Vesting Schedules for plan years after 2006.

Remember - Deferred eligibility requires immediate vesting after two years of service. The deferred eligibility is not available for 401(k) plans.

74
Q

Defined Contribution Plan Vesting Schedule

A

Look at 2-6 Year and 3 Year Cliff.

  • Note: The two-year vesting schedule also applies to employer contributions under a 401 (k) plan that makes use of an Automatic Enrollment Feature, as outlined in PPA 2006 (effective for years after 2007). Deferred eligibility is
    not available for 401(k) plans.
75
Q

Defined Benefit Plan Vesting Schedule

A
76
Q

More Vesting

A

Cash Balance plans use a 3 year cliff vesting schedule.

There is no impact to the vesting for a cash balance plan if the plan is top heavy.

Vesting Schedule Options:

  • Employers may always elect to provide employees with vested benefits faster than the standard schedules. When an employer elects a faster vesting schedule, however, the vested benefit must always be comparatively better than one of the approved vesting schedules and cannot provide a greater vested percentage as compared to one of the schedules in some years and in other years fulfill the requirement by providing a greater vested percentage as compared to another vesting schedule.
77
Q

Example of Not Permitted Schedule(s)

A

Needs to beat out Permitted 2-to-6 Graduated OR Permitted 3 year cliff in all years.

78
Q

Example 2

A
79
Q

Exam Question

Which of the following statements concerning choosing the most appropriate type of vesting
schedule for a qualified plan-restrictive vs, generous is (are) correct?

  1. Two advantages of choosing a restrictive vesting schedule are (1) to reduce costs attributable to employee turnover and (2) to help retain employees.
  2. Three advantages of choosing a liberal vesting schedule in which there is immediate and
    full vesting are (1) to foster employee morale, (2) keep the plan competitive in attracting
    employees, and (3) to meet the designs of the small employer who desires few encumbrances to participation for the “employee family.”

a) 1 only.
b) 2 only.
c) Both 1 and 2.
d) Neither 1 nor 2.

A

Answer: C

Both Statements 1 and 2 are correct,

80
Q

Exam Question

Which of the following vesting schedules may a non-top-heavy profit sharing plan use?

  1. 2-to-6-year graduated.
  2. 3-year cliff.
  3. 1-to-4-year graduated.
  4. 3-to-7-year cliff.

a) 1 only.
b) 2 and 3
c) 1, 2, and 3
d) 1, 2, 3, and 4.

A

Answer: C

As a result of the PPA 2006, a profit sharing plan must vest at least as rapidly as:

  • a 3-year cliff or
  • 2 to 6 year graduated schedule without regard to the plan’s top-heavy status.
  • The profit sharing plan can follow any vesting schedule that provides a more generous vesting schedule.

IMPORTANT

81
Q

Years of Service Vesting

A

Employees earn a certain percentage benefit based on the applicable vesting schedule and after the employee attains a certain number of years of service. The years of service determination is based on the number of years, defined as a 12-month consecutive period with at least 1,000 hours worked for the employer.

The determination of years of service is based on the employee’s beginning date of employment
and not on the date the employee becomes eligible to participate in the plan.

It is important to note that an employer does not have to count for purposes of vesting:

  • (1) years of service the employee acquired with the employer before reaching the age of 18 if the employee was not participating in the plan at that time,
  • (2) years of service the employee attained before the employer sponsored a qualified plan, or
  • (3) years of service the employee attained during years when he did not contribute to an employee-contributory qualified plan.

Note: changes for part-time employees under SECURE Act 2019 will change for plan years after
12/31/2020. Three consecutive years of service (500+ hours) must be met prior to being eligible.

82
Q

Exam Question

Amparo is a key employee participant in a top-heavy profit sharing plan which follows the least generous graduated vesting schedule permitted under PA 2006. Each year of her five year employment with Mystic Mountain Resort, she has received an employer contribution equal to $10,000 to her profit sharing plan account (total of $50,000). Today the balance of her profit sharing plan is $65,000. If Amparo terminated employment with Mystic Mountain Resort today, what is the vested balance of her profit sharing plan?

a) $39,000
b) $52,000
c) $55,000
d) $65,000

A

Answer: B

Amparo’s vested balance in the profit sharing plan account is $52,000. Under PPA 2006, the least generous graduated vesting schedule permitted for a profit sharing plan is a 2-to-6 year graduated vesting schedule. The fact that the plan is top-heavy does not impact the vesting schedule under PPA 2006. Therefore, Amparo is 80% vested in the contributions to the account. There were no employee deferral contributions to the plan. Thus, 80% of $65,000 = $52,000.

83
Q

Example

A

EXAM TIP: Make sure you know how to do this calculation! Most likely on the CFP Exam

Do they give me the $32,000?

84
Q

Top Heavy Plans

A

Why were they designed?

Key Employee:

  • A Key Employee is?
  • Officer

A Plan is considered top heavy under either 2 definitions.

Once the Qualified retirement Plan is Determined to be top Heavy, the plan MUST:

Top-Heavy Vesting

Top-Heavy Funding:

  • Non Key Employees minimum level of funding
  • Minimum Funding for Defined Contribution Plan
  • Defined Benefit Plan
85
Q

Why Were Top Heavy Plans Designed?

A

The top heavy rules were designed to ensure that qualified plans that significantly benefit owners executives of the company (the “key employees”) must provide some minimum level of benefits for the rank-and-file employees.

86
Q

Key Employee

A

A key employee (decision- makers as opposed to just highly paid) is any employee who is any one or more of the following:

  • A greater than five percent owner, or
  • A greater than one percent owner with compensation in excess of $150,000 (not indexed), or
  • An officer (defined below) with compensation in excess of $215,000 for 2023.
  • Notice that a key employee must be an owner or an officer Compensation by itself will not make an employee a key employee.
87
Q

Officer

A

Whether an individual is an officer shall be determined upon the basis of all the facts, including the source of his authority, the term for which elected or appointed, or the nature and extent of his duties. Generally, the term “officer” means an administrative executive who is in regular and continued service.

No more than 50 employees must be treated as officers. If the number of officers, as defined above, exceeds 50, then only the first 50 ranked by compensation will be considered officers under the key employee definition.

88
Q

A Plan is Considered top heavy under either of the following two definitions:

A

A defined benefit plan is considered top-heavy when the present value of the total accrued benefits of key employees (defined below) in the defined benefit plan exceeds 60 percent of the present value of the total accrued benefits of the defined benefit plan for all employees.

A defined contribution plan is top-heavy when the aggregate of the account balances of key employees in the plan exceeds 60 percent of the aggregate of the accounts of all employees.

Simply stated, if > 60 percent of the benefits or contribution are going to key employees-THINK top heavy!

89
Q

Example 1

Jamal owns five percent of the stock of A-1 Construction Company and receives an annual salary of $120,000. Is he a Key Employee?

A

Even though Jamal is an owner, he is not considered a key employee because
his ownership percentage is not greater than five percent, and even though he is a greater than one percent owner, his income is not greater than $150,000.

90
Q

Example 2

Mario is an officer of National Bank of New York. He earns $500,000 per year in annual compensation.

A

Mario is a key employee because he is an officer with compensation in excess of the annual limit of $215,000 for 2023.

91
Q

Exam Question

Which of the following employees is a key employee for 2023?

  1. Mark, an officer of the company, who earns $100,000 per year and owns two percent of the company.
  2. Melissa, who earns $13,000 per year and owns five percent of the company
  3. Tina, an officer of the company who earns $250,000.
  4. Jean, a 10 percent owner of the company who earns $4,000 per year as a secretary.

a) 4 only.
b) 3 and 4
c) 2 and 3.
d) 1, 3, and 4

A

Answer: B

Only Tina and Jean are considered key employees. A key employee is anyone who is any one or more of the following: (1) a greater than five percent owner, or (2) a greater than one percent owner with compensation in excess of $150,000, or (3) an officer with compensation in excess of $215,000 (2023).

92
Q

Once the Qualified retirement Plan is Determined to be top Heavy, the plan MUST:

A

Once the qualified retirement plan is determined to be top heavy, the plan MUST:

  • (1) use top-heavy vesting schedules and
  • (2) provide a minimum level of funding to non-key employees.
93
Q

Top-Heavy Vesting

A

If the qualified defined benefit retirement plan is top heavy, the plan must accelerate the vesting from the standard vesting schedules to either a 2-to-6-year graduated or a 3-year cliff vesting schedule to maintain qualified status.

All qualified defined contribution retirement plans automatically meet these requirements as they must use a 3-year cliff or 2-to-6-year graduated
vesting schedule.

94
Q

Top-Heavy Funding

A

The sponsor of a top-heavy plan MUST provide its non-key employees with a minimum level of funding.

95
Q

Minimum Funding for Defined Contribution Plans

A

A defined contribution plan that is considered top-heavy must provide each of its
nonexcludable, nonkey employees a contribution equal to at least three percent of the
employee’s compensation.

An exception to the three percent minimum funding requirement occurs when the largest funding made on behalf of all key employees is less than three percent.

  • In such a case, the employer must provide non-key employees with a contribution equal to that of the key employees
96
Q

Defined Benefit Plan

A

A top heavy defined benefit plan must provide a benefit to its nonkey employees equal to two percent per the employee’s years of service multiplied by the employee’s average annual compensation over the testing period.

97
Q

Exam Question

The qualified profit sharing plan of Super Spa, LP is considered top-heavy for the year. Julia, a plan participant, has annual compensation equal to $65,000 and Julia is not a key employee.
What is the minimum amount Super Spa, LLP must contribute on behalf of Julia?

a) $1,300
b) $1,950
c) $2,050
d $2,400

A

Answer: B

The minimum amount that Super Spa, LP must contribute to the qualified profit sharing plan on Julia’s behalf is $1,950 ($65,000 x 3%) assuming that they contribute at least three percent to
key employees.

98
Q

Top heavy Plans Characterisitcs and Requirements Chart

Defined benefit v Defined Contribution

A
99
Q

Actual Deferral Percentage / Actual Contribution Percentage

A

Any qualified plan that includes a Cash Or Deferred Arrangement (CODA), such as a 401(k) plan, must also satisfy each of the two following tests:

  • The Actual Contribution Percentage (ACP) Test for employer-matching contributions (and
    employee after-tax contributions), and
  • The Actual Deferral Percentage (ADP) Test for employee elective deferrals.

These tests will be discussed in the section on 401(k)s.

100
Q

Plan Limitations on Benefits and Contributions

A

Covered Compensation

Defined Benefit Plans

Defined Contribution Plans:

  • Maximum Contribution per Participant to a defined contribution plan is the lessor of:
  • The maximum contribution is an aggregate known as the 415c limit, consisting of:
  • What two things should not be confused?
  • Employer Contributions to the Plan
  • Employee Contributions to the Plan
  • Forfeitures from Nonvested Employees
  • Employer Contribution Limit
101
Q

Covered Compensation

A

The maximum amount of compensation that can be considered for the plan year 2023 is $330,000. This is referred to as the covered compensation limit.

As such, any plan funding formula that requires the use of the employee’s compensation cannot consider any compensation amount above the covered compensation limit.

102
Q

Defined Benefit Plans

A

Statutory requirements generally limit the employer to providing an employee with a maximum annual expected benefit at retirement equal to the lesser of:

  • $265,000 for 2023, or
  • 100 percent of the average of the employee’s three highest consecutive years compensation during the time of plan participation (considering the covered compensation limit).
103
Q

Defined Contribution Plans:

A
  • Maximum Contribution per Participant to a defined contribution plan is the lessor of:
  • The maximum contribution is an aggregate known as the 415c limit, consisting of:
  • What two things should not be confused?
  • Employer Contributions to the Plan
  • Employee Contributions to the Plan
  • Forfeitures from Nonvested Employees
  • Employer Contribution Limit
104
Q

Maximum Contribution per Participant to a defined contribution plan is the lessor of:

A

In general, the maximum contribution per participant to a defined contribution plan is the lesser of:

  • 100 percent of an employee’s compensation for the plan year, or
  • $66,000 for 2023 (not including the catch-up contribution of $7,500 for 2023 for those 50 and
    older).
105
Q

The maximum contribution is an aggregate known as the 415c limit, consisting of:

A

The maximum contribution is an aggregate amount, known as the 415c limit, consisting of:

  • The employer contributions to the plan, plus
  • The employee contributions to the plan, plus
  • Any forfeitures, amount to be allocated from nonvested employees who terminated employment during the year.
106
Q

What two things should not be confused?

A

The maximum contribution discussed here should not be confused with the employer’s maximum tax-deductible amount of 25 percent of the employer’s total compensation paid (discussed below).

107
Q

Employer Contributions to the Plan

Important - BOLDED

A

The total employer contributions to a defined contribution plan include:
- any mandatory contributions,
- discretionary contributions, and
- matching contributions.

If the employer maintains multiple defined contribution plans, the limit is based on the aggregate of all contributions to all of the qualified retirement plans.

108
Q

Employee Contributions to the Plan

Important - BOLDED

A

The total employee contributions to a defined contribution plan include:
- any mandatory contributions,
- elective deferral contributions, and
- any after-tax contributions.

The maximum employee elective deferral is included within the defined contribution account maximum annual contribution.

Catch-up contributions made by the participant are not limited by the $66,000 for 2023 limit and could allow an individual who is age 50 or older to have contributions over $66,000 for 2023, totaling $73,500.

109
Q

Forfeitures from Nonvested Employees

Important - BOLDED

A

Any forfeiture allocated to an employee’s defined contribution plan account during the year is
included as a contribution to the plan when determining the maximum annual limit.

110
Q

Employer Contribution Limit

Important -BOLDED

A

Generally, an employer cannot deduct contributions to defined contribution plans in excess of 25 percent of the employer’s total covered compensation.

Covered compensation includes the compensation up to $330,000 (2023) for all those employees included in the plan. The 25
percent rule does not apply to defined benefit pension plans
because the employer is required to fund the defined benefit plan to the minimum funding standard determined by the actuary.

111
Q

Maximum Plan Limitations of Defined Benefit and Defined Contribution Chart

A
112
Q

Maximum Defined Contribution Limit is Coordinated as Follows:

A
113
Q

Controlled Groups

A

What Are They, What Are they Used For?
Parent-Subsidiary Relationship
Brother-Sister Relationship
Combined Group

114
Q

What Are They, What Are they Used For?

A

The controlled group rules were designed to prevent an owner from splitting their business into multiple parts and creating multiple plans allowing for increased retirement contributions.

A controlled group is a combination of two or more trades or businesses (whether or not incorporated) that are under common control. All employees of companies in the controlled group must be considered to determine if a plan maintained by a controlled group member meets the controlled group requirements. A control group relationship exists if the businesses have one of the following relationships:

  • Parent-subsidiary,
  • Brother-sister, anc
  • Combined group
115
Q

Parent-Subsidiary Relationship

A

A parent-subsidiary controlled group exists when one or more corporations are connected through stock ownership with a common parent corporation: and

  • 80 percent of the stock of each corporation, (except the common parent) is owned by one or more corporation in the group; and
  • The Parent Corporation owns 80 percent of at least one other corporation.
116
Q

**Example of Parent Subsidiary Relationship
**
Lingling Corporation owns:
- 95% of the stock of Corporation A,
- 80% of the stock of Corporation B, and
- 75% of the stock of Corporation C.

In addition, Corporation B owns 90% of Corporation D. Unrelated persons own all unaccounted for shares.

A

In this example Lingling is the common parent of a parent-subsidiary group consisting of Corportion A, B and D. This is because it owns 80% or more of A and B directly. Since B owns
80% or more of D, it will also be considered in the controlled group.

117
Q

Brother-Sister Relationship

A

A brother-sister controlled group is a group of two or more corporations, in which five or fewer common owners (a common owner must be an individual, a trust, or an estate) own directly or indirectly a controlling interest of each group and have “effective control.”

  • Controlling interest generally means 80 percent or more of the stock of each corporation.
  • Effective control generally means more than 50 percent of the stock of each corporation, but only to the extent such stock ownership is identical with respect to such corporation.
  • With Effective Control add the lowest amount of each shareolder for each corporation.
118
Q

Example 1

Is there Controlling Interest? What about Effective Control?
A

In this example there is a controlling interest because there are 3 owners that together own 80% or more of each corporation (they own together 100%). However, there is not effective control because the identical ownership in each corporation does not total 50%. (A 10% + B 5% + C 5% = 20%). Therefore, there is not a brother-sister controlled group.

119
Q

Example 2

Is there Controlling Interest? What about Effective Control?
A

In this example there is a controlling interest because there are 3 owners that together own 80% or more of each corporation (they own together 100%). There is also effective control because the identical ownership in each corporation is more than 50%. (A 30% + B 25% + C 25% = 80%). Therefore, there is a brother-sister controlled group.

120
Q

Combined Group

Important - Bolded

A

A combined group consists of three or more organizations that are organized as follows:

  • Each organization is a member of either a parent-subsidiary or brother-sister group; and
  • At least one corporation is the common parent of a parent-subsidiary; and is also a member of a brother-sister group.
121
Q

Example 1

Anthony owns:

  • 80% of Beta Partnership
  • 90% of Zeta Corporation
  • Beta owns 85% of Theta Corporation
A

Beta, Zeta and Theta are all members of the same combined group of trades or businesses under common control because they are each members of either a parent-subsidiary or a brother-sister group.

Beta is the common parent of the parent-subsidiary group consisting of Beta and Theta.

Beta is also a member of the brother-sister group consisting of Beta and Zeta

122
Q

Affiliated Service Groups

A

The affiliated service group rules were established because the ownership of companies could be arranged to avoid the “controlled group rules.”

The affiliated service group rules treats all employees of the members of an affiliated service group as if a single employer employed them.

An affiliated service group means a group consisting of a service organization (“First Service Organization” or “FSO”) and one or more A or B
Organizations.

An affiliated service group also may involve a Management Organization.

123
Q
A