Retirement Flashcards
Net Unrealized Appreciation (NUA) - Stock Plans
At Time of Distribution From Plan
- basis taxed at ordinary income
At Sale After Distribution
- taxed at LTCG: Market Value at Distribution Date - Basis
- taxed at STCG or LTCG: FMV at Sale Date - Market Value at Distribution Date
*The distribution date is like the exercise date
Net unrealized appreciation (NUA) is the difference between the original cost basis and current market value of shares of employer stock. The IRS offers a provision that allows for a more favorable capital gains tax rate on the NUA of employer stock upon distribution, after certain qualifying events.
Stock is contributed to the retirement plan with a basis of $20k. The stock is distributed at retirement with a market value of $200k. The NUA, $180k, is not taxable until the employee sells the stock, but the $20k is taxable now as ordinary income.
The $180k is always LTCG. If the client sells the stock for $230k, the $30k of extra gain is either STCG or LTCG depending on the holding period after distributed at retirement.
Keogh (HR-1) Plans: Contributions for Self-Employed
For sole proprietors and partnerships
Self-Employment Tax must be computed and a deduction of one-half of the Self-Employment Tax must be taken before determining the Keogh deduction.
Owner/Employee Contributions
- based on net earnings instead of salary
Max Contribution Calculation for Owner
- plan % / (1+ plan %)
Example
- plan has a 15% contribution for employees
- business net income = $100,000
- max owner contribution is (15%) / (1 + 15%) x $100,000 = $13,04348
Example
- plan has a 25% contribution for employees
- business net income = $70,000
- max owner contribution is (25%) / (1 + 25%) x $70,000 = $13,043.48
Full Example
- plan has a 25% contribution for employees
- Net Income = $70,000
Net Income = $70,000
Subtract Self-Employment Tax (0.07065) = $4,945.50
= $65,054.50
Multiply by Owner Contribution Rate = (.25)/(1.25) x $65,054.50 = $13,101.90
Owner Contribution = $13,101.90
Shortcut below takes into account Self-Employment Taxes:
- If contribution 15%: multiply by 12.12% of net earnings
- If contribution 25%: multiply by 18.59% of net earnings
Retirement Plan: SEP (Simplified Employee Pension)
- NO Salary Deferrals - Employer contributions only
- have to contribute same % to everyone when made
- no requirements to make contributions, doesn’t have to be substantial or recurring
- Up to 25% contribution for owner (W-2)
- Keogh rules for self-employed
- Maximum of $66K (2023)
- Account immediately vested
- CAN be integrated with social security (SIMPLE cannot)
- Special Eligibility: 21+ years old, paid at least $750 and worked 3 of the 5 prior years
- Good for part time workers with high turnover (don’t work 3 out of 5 years)
- no loans
- easier than a profit sharing plan
- max $66,000 with $330,000 salary cap
Retirement Plan: SIMPLE
- Fewer than 100 employees
- Employer CANNOT have a SIMPLE and any other plan at the same time
- Participants fully vested
- Easy to administer
- Both employee deferrals and employer contributions / match
- Max contribution: $15,500
- REQUIRED 100% match up to 3% or 2% of salary for everyone (so max match $15,500)
- cover anyone that made $5,000 in any two years and should make it the current year
- no social security integration
- 25% withdrawal penalty within first 2 yrs
- rollovers: penalty if rollover into non-SIMPLE account within first two years.
SIMPLE 401K
- the $15,500 deferral applies plus salary calc on match of $330,000 also applies
- also 100% vested
Retirement Plan: Profit-Sharing Plan
- Up to 25% Employer Deduction
- Flexible contributions (must be recurring and substantial)
- Maximum Annual Contribution lesser of 100% of salary or $66K (2023)
- Can have 401(k) provisions
- Allows for loans
- No hardship provisions
- good for younger to motivate
Rollovers: Qualified Plan or IRA
If spouse beneficiary rolls over proceeds into…
Qualified Plan
- can get assets at age 55 if separate from employer
- can take RMD when retire later
- creditor protected
IRA
- subject to IRA distribution rules
- rollover into own account (RMD of survivor)
- keep in decedent IRA (use the decedent RMD calculation)
Missed RMDs
- take the missed RMD
- request a waiver from the IRS to avoid the excise tax: prove it was a reasonable error and taking steps to remedy the situation
RMDs: Non-Spousal
- Need to take before 10 years is up. Don’t have to take it each year.
RMD: Calculations
Single Person: new uniform life table
Married with Spouse 10 Years Younger and Sole Beneficiary: Can use joint and last survivor table.
- Non-spouses can’t use joint and last survivor
Social Security: Coverage
Coverage: Nearly every worker is covered under OASDI.
Excluded
- Federal employees who have been continuously employed since before 1984.
- Some Americans working abroad
- Student nurses and students working for a college or college club
- Railroad Employees
- A child, under age 18, who is employed by a parent in an unincorporated business
- Ministers, members of religious orders and Christian Science practitioners if they claim an exemption
- Members of Tribal Councils
Social Security:
Before Full Retirement Age (FRA) = Reduction of Benefits
No withholding of benefits after FRA (67) regardless of additions income earned.
RETIRE EARLY
Reduced PIA = PIA - (# of months before FRA/180 x PIA)
WORKING AND TAKING SS EARLY
Before FRA (Full Retirement Age): Benefits reduced $1 for every $2 earned over $21,240 (2023 threshold): 50% reduced
Year in which you reach FRA (Full Retirement Age): Benefits reduced $1 for every $3 earned over $56,520 (2023 threshold): 33% reduced
Income above limit x withholding % (50 % or 33%) = social security payment withheld
Social Security:
Too Much Income Generated: Taxation of Benefits
Must include Muni Bond Income to calculate MAGI
% Social Security Benefits Taxable
- based on MAGI + 50% of Social Security Benefits
Single
- $25k+: 50%
Married Filing Jointly
- $44k+: 85%
Qualified (ERISA) Plans
Vesting /Admin Costs / Exempt from Creditors / Integrate with Social Security
- Defined Benefit
- Cash Balance
- Money Purchase
- Target Benefit
- Profit Sharing
- Profit Sharing 401(k)
- Stock Bonus ESOP (NOT integrated with Social Security or cross-tested)
Non-Qualified Retirement Plans
No Vesting / Limited Admin Costs
- SEP
- SIMPLE
- SAR-SEP
- Thrift or Savings Plans
- 403(b)/TDA/TSA
Qualified Plan: Defined Benefit
- Favors older employee/owner (50+)
- Certain retirement benefit; Max $265K (2023)
- Meet a specific retirement objective
- Company must have very stable cash flow
- employer contributions fluctuate each year based on actuarial assumptions
- Past service credits allowed
- Forfeitures MUST be applied to reduce employer contributions
- PBGC Insured (along with Cash Balance Plan)
- Stuff it like a pig
- maximum yearly pension payout benefit of $265,000/yr or 100% of average of three highest consecutive years compensation
- allows for past service credits if plan is new
Unit Benefit Formula: percentage of earnings per year of service
Final Average: average over years, subject to $330,000 max in a year for calculating
Qualified Plan: Money Purchase
- Up to 25% Employer Deduction
- Fixed Contributions
- Need stable cash flow
- Maximum Annual Contribution lesser of 100% or salary of $66K (2023)
Qualified Plan: Target Benefit
- Up to 25% Employer Deduction
- Fixed Contributions - need stable cash flow
- Maximum annual contribution lesser of 100% of salary or $66K (2023)
- Favors older workers
- benefit not guaranteed
- a actuarial target benefit for retirement for an older worker may be higher than what the annual $66,000 max contribution may allow
- easier to manage than a defined benefit plan because nothing is guaranteed
Qualified Plan: Profit Sharing
- Up to 25% Employer Deduction
- Flexible contributions (must be recurring and substantial)
- Maximum Annual Contribution lesser of 100% of salary or $66K (2023)
- Can have 401(k) provisions
- SIMPLE 401(k) exempt from creditors
Qualified Plan: 401(k) Plan
- can be added to a profit sharing plan or stock bonus plan
- allows employee deferrals and employer contributions
- Max $22,500 (2023) deferral for participants under 50
- Additional $7,500 catch-up for age 50 and over (2023)
- federal tax excluded but subject to FICA and FUTA