Retirement Flashcards
What is NUA?
- Tax strategy that can be used when employer stock is held in qualified plan
- Lump sum distribution of Employer stock to taxable account
− Lump sum means all must be distributed in the same year
− Other assets can be rolled to an IRA - ER stock basis is taxed at Ordinary Income at distribution
− Doesn’t have to be 100% ER stock; can do partial if desired and roll rest to IRA - NUA (FMV – basis) will lock in LTCG rates for the time that it is sold
- Amount above FMV (date of distribution) will be taxed based on holding period
- 10% penalty applies to distribution under age 59 ½ unless exception
Qualified Plan vs Non- Qualified Plan
Deferred compensation is a form of qualified or non qualified plans?
Deferred compensation is a form of non-qualified plans. Set up rabbi trust, still subject to creditors.
ER gets a tax deduction when an nonqualified plan is exercised. True or False?
True
A client being granted ISOs, grant price $0.17/share, client exercised the option, AMT bill is like 400k. AMT add back, as soon as exercise the ISO, the stock dropped. The stock is projected to go down, market is going down. What do you have your client do as soon as they can do it?
Sell the stock intentionally fails this holding period so ISO can be taxed like a NQSO, avoid AMT.
ISO cashless exercise
Date of exercise and sale is the same day, no AMT.
What can executive do with NQSO that they cannot do with ISOs?
People can gift away NQSO, they cannot gift ISOs.
ISO vs NQSO
If client A been granted ISO, on grant date value $7, strike price $10. 2 years later, exercise at $25. 1 years later sold at $45. What is the tax treatment at grant, exercise and sale?
At grant: None. At exercise: $15 AMT, not taxed. At sale= $45 – 10=$35 LTCG
If a qualified plan require age 21 and 2 yrs of service. Is it possible?
Yes, Not possible for 401(k). 100% vested immediately.
Qualified Plan Entrance requirements
If somebody meets eligibility, enroll within 6 months. 1/1 and 7/1 enrollment
Qualified Plan coverage requirements and test
Coverage: annual, cover 70%, only considers eligible EE
- Safe harbor test/coverage test: #NHC enrolled / # of NHT eligible >=70%. Does not relate to HC.
- Ratio benefits: : (#NHC enrolled / # of NHT eligible) / (# of HC enrolled/ #HCT eligible) >=70%
- Average benefits test: AB% of NHC covered / AB% of HC covered >=70%
Qualified Plan Vesting
Vesting: ERISA – no more than 7 yrs.
DB plan: 3-7 yr graded or 5 yr cliff; top heavy is 2-6 yr graded or 3 yr cliff
Cash Balance plan: 3 yr cliff ONLY
DC plan: 2-6 yr graded or 3 yr cliff
What is top heavy qualified plan?
> 60% of plan assets are for KEY employees; DC– 3%, DB – 2% (C—third letter, B— 2nd letter)
If a son owns 35% of the company, Dad works in this company salary 35k, Dad Highly Compensated Employee?
Yes
Joe, works 40 yrs FT, company this year set up a profit sharing plan and ER contributed 6k to this plan. What is Joe’s vesting percentage for this yr?
$0
Joe, works 40 yrs FT, company 30 years ago set up a 401(k) plan and ER contributed 6k to this plan this year. What is Joe’s vesting percentage for this yr?
$6k – previous credit count if the plan is old.
Jerry Jones, age 40, earnings $100,000, wants to establish a DB plan. He employes 4 ppl who’s combined salary are $60,000 and range in age from 23 to 30. Average employment period is 3.5 years. What is the best vesting schedule for Jerry’s plan: 3 yr cliff, 3-7 yr graded, 5 yr cliff, 2-6 yr graded. Which one to choose?
This is a top heavy plan — go with 2 to 6 yr graded
Which plans allow employee deferral?
401(k) plan, 403b, SIMPLE
What testing does 401(k) plan offer?
Traditional(testing) or safe Harbor(exempt for all testing)
401(k) ADP testing
look at NHC and HC’s deferral
If 401(k) plan fails the ADP test, how to correct?
Corrective distribution to HC, refund HCE as 1099-R;
QNEC(Qualified Nonelective Contribution)to the NH to bring up, the QNEC is 100% vested and goes to all eligible ppl, doesn’t matter enroll or not.
What is 401(k) safe harbor election?
3% flat non elective contribution to all eligibles;
100% $ for $ match up to 4% of pay for those ppl actually put money in the plan and 100% vested
401(k) safe harbor match – If EE puts 10%, how much will ER give?
ER give 4%
Client Joins XYZ 401(k) plan under age 50, they plugged $22,500 into the 401(k) plan in the Q1 of the year. Are they eligible immediately if they quit their job and go to ABC company 401(k). How much can they put in their 401(k) new plan?
$0. Already hit the limit for XYZ.
Client Joins XYZ 401(k) plan under age 50, they plugged $22,500 into the 401(k) plan in the Q1 of the year. Are they eligible immediately if they quit their job and go to ABC company 403(b). How much can they put in their 403(b) new plan?
$0. $22,500 for all deferral sources
Client Joins XYZ 401(k) plan under age 50, they plugged $22,500 into the 401(k) plan in the Q1 of the year. Are they eligible immediately if they quit their job and go to ABC company 457Plan. Can they contribute in 457 Plan?
Yes
What is 401(k) annual contribution limit?
Lessor of 100% of compensation or $66,000, per ER
Client Joins XYZ 401(k) plan under age 50, they plugged $22,500 into the 401(k) plan on Jan 2 of the current year. How much could XYZ ER put in? They quit their they quit their job and go to ABC company with 401(k). How much can EE and ABC contribute to the plan?
$66k-22.5k=$43,5k.
EE - $0. ER- $66k
If a person work for 5 companies, could potentially get $66k from all 5 companies. True or false?
True
Client Joins XYZ 401(k) plan under age 50, they plugged $22,500 into the 401(k) plan on Jan 2 of the current year. They quit their they quit their job and became self-employed. Making a solo IRA wouldn’t make any sense. The client could create SEP IRA, how much could contribute to the SEP IRA this yr?
$66k
Ricky makes $400,000 per year and just turned 53. His employer sponsors a 17% money purchase pension plan and a 401(k) plan with a 50% match. What is the most, in dollars, that can be deferred in this 401(k) plan by Rickey in 2023?
Start with $66,000. Money purchase pension contribution=$330,000 x 17%=$56,100. $9,900 left.
1.5 times X = $9900 X=$6,600, while the client is age 53 and has a catchup contribution of $7500
$6600 + $7500=$14,100, total is $14,100.
An employee, age 45, earnings $350,000 can have what maximum amount put in the following retirement plans: a 10% money purchase plan and a 401(k) plan with no employer match (2023).
$22,500 + $330,000x10%=$55,500
Pension vs Profit Sharing vs Other Tax Advantage Accounts