Retirement Flashcards
ISO’s
- Corporation may not ever receive a deduction.
- May create an AMT.
- No more than 100K per year.
- At grant there is no taxable event.
- At exercise, the bargain element is not subject to current taxation, but it is a preference item for AMT.
- At sale, cap gain or loss from the strike price if qualifying disposition (after two years from Grant and one year from exercise)
- If disqualifying disposition then same tax treatment as NQSO’s (income, and employer receives deduction)
NQSO’s
- Usually subject to vesting.
- Can be transferred or gifted to family members trust or a charitable org.
- Corporation receives a deduction when employee pays Tax at exercise.
- At Grant, there is no taxable event.
- At exercise, the bargain element is subject to W-2 taxation.
- The capital gains or loss difference between strike price plus W-2 income recognized at exercise.
Section 162 bonus plan
- Another type of executive benefit.
- A large cash value life insurance policy, the executive own the policy and names the beneficiary and the employer pays the premiums.
- The executive pays taxes on the premiums paid as bonus compensation, and the death benefit is tax-free and the executive has all access to the cash value.
Three elements to consider when choosing between qualified plan and nonqualified plan
Three elements to consider:
1. Currently deductible employer plan contributions
2. Benefits not currently taxable to the employee or participant
3. Employer can limit participation to select individuals (pick and choose; discriminate)
Disqualifying disposition: ISO’s
Occurs if holding period of two years from grant in one year from exercise are not met and results in taxation like an NQSO which means that the bargain element will be taxed as W-2 income
What triggers compensation income with stock options?
NQSO’s or disqualifying disposition on ISO’s
Nonqualified deferred compensation plans
- Provide retirement benefits to top executive that exceed limits available through qualified plans.
- Plans are often referred to his top plans, excessive benefit plans, or supplemental executive retirement plans (SERP.)
Excess benefit plan
Typically mirrors a qualified plan benefit formula, but is not subject to funding or benefit amount limits, covered compensation limits, or the annual additions limit.
SERP
- Typically promises to pay an executive additional compensation of a specified amount for a specified time.
- Contingent on the executive remaining with a company for a specified period and or attaining specific goals, typically related to production or sales growth
- Employers can select which executives are included in the plan and benefits.
- Do not need to be uniform among plan participants
- Promise to pay by the employer. There is no formal funding.
Substantial risk of forfeiture; Non qualified retirement plans
- The goal is to avoid constructive receipt and current taxation
- Typically have a vesting schedule
- Executive does not recognize income and the employer does not receive a deduction until there is no longer a substantial risk of forfeiture
Rabbi trust
-Provides some security to the executive - Funds in the rabbi trust are not available to the corporation for other purposes and are safeguarded in the event of a merger or acquisition.
- Does not trigger immediate recognition of compensation to the executive
- Substantial risk of forfeiture is considered to exist because the funds in the rabbi trust are accessible by corporate creditors in the event of insolvency of the company.
Secular trust
Not subject to the companies creditors and results and immediate compensation recognition
Three common elements to determine the choice between a qualified plan and a nonqualified plan
- Currently deductible employer plan contributions.
- Benefits not currently taxable to the employee or participant.
- Employer can limit participation to select individuals.
SEP participation requirements
Must be offered to all employees for at least 21 years old, employed by the employer for three of the last five years, and had compensation of 750 for 2024
Simple IRA withdrawal in the first two years of participation
Subject to a 25% early withdrawal penalty tax
Adjustment formula: plan contribution percentage
Plan contribution % / (1 + plan contribution %)
EX: .25/1.25=20%
Applies to SE plan contributions: SEP, Simple, 401k
Active participation status for IRA deduction
- Anyone who received annual additions to a DCP (EE/ER contributions, reallocated forfeitures)
- Anyone who is eligible for a DBP
- Participation in a SEP, simple, or 403B