Retirement Planning Flashcards
Section 415 annual additions limit
Lesser of 100% of compensation or $58k (2021)
- Includes ER contributions, EE salary deductions, and plan forfeitures
Safe Harbor Nondiscrimination
A safe harbor 401k plan automatically satisfies nondiscrimination tests involving HCE’s w/ ER matching contribution or a nonelective contribution
Safe Harbor Match/Vesting
The statutory contribution using a match is $1 for $1 on first 3% EE deferral and $0.50 for $1 on next 2% EE deferral.
If ER chooses to use nonelective deferral method, ER must contribute 3% of all eligible EE’s compensation regardless whether EE is deferring or not.
ER contributions must be immediately vested
Stock Bonus/ESOP - qualified plan
- Up to 25% ER deduction
- Flexible contributions
- Max annual contribution is lesser of 100% salary or $58k (2021)
- 100% of contribution can be vested in ER’s stock
- ESOP cannot be integrated with SS or cross tested.
Net Unrealized Appreciation (NUA)
- Preferable tax treatment of ER stock held in an ER retirement plan. Upon distribution, gains inside the plan are not realized until sold.
- Basis is taxed when distributed as ordinary income.
- Further gains after distribution is STCG or LTCG depending on holding period after distribution.
Keogh Contribution
- Only for sole proprietors and partnerships
- SE tax must be computed and a deduction of 1/2 SE tax must be taken before determining the Keogh deduction.
Shortcut:
- If contribution 15% - multiply by 12.12% of net earnings
- If contribution 25% - multiply by 18.59 of net earnings
SIMPLE IRA requirements
- <100 EE’s
- ER cannot maintain any other plan
- Participants fully vested immediately
Note: Easy to administer and funded by EE salary reductions and an ER match
SEP IRA requirements
- NO salary deferrals – ER contributions only
- up to 25% contribution for owner
- Max of $58k (2021)
- Immediately invested
- Can be integrated with SS
- Special eligibility: 21+ years old, paid at least $650 (2021), and worked 3 of 5 prior years.
Tax-deferred annuity (TDA)/Tax Sheltered Annuity (TSA)/403(b)
- for 501(c)(3) organizations and public schools
- Subject to ERISA only if ER contributes
- Salary reduction limit up to $19,500 (2021) (plus $6,500 catch-up if 50 or over)
IRA Keys (SIMPLE, SEP, SARSEP)
- No loans
- No life insurance
- Immediate vesting
- May not be creditor protected (depending on state)
- 59.5 not 55 for no 10% penalty
- Must take RMDs at age 72 (even of not an owner)
Age and service rules - qualified plans
- Max age and service are age 21 and one year of service (21-and-one-rule)
- Special provision allows up to 2-year service requirement, but then EE is immediately vested (2 year/100%)
- Year of service is 1,000 hours (includes vacations, holidays and illness time) or 500 hours and worked for the company for 3 years
Highly Compensated Employee (HCE)
- > 5% owner, OR
- An EE earning >$130,000 during preceding year (2020)
Key EE
If at any time during current year they have been one of the following:
- > 5% Owner
- An officer AND compensation > $185,000 (2021), OR
- > 1% ownership AND compensation >$150,000 (2021)
Vesting - Fast / Slow
Fast: DB Top-Heavy Plans / All DC Plans
- 3 year cliff, OR
- 2-6 year graded, OR
- 100% vested after 2 years
Slow: Non-top-heavy DB Plans only
- 5 year cliff, OR
- 3-7 year graded, OR
- 100% vested after 2 years
Defined Contribution Plans (integration w/ SS)
Base % + Permitted Disparity = Excess %
- Base %: DC Plan contribution for compensation below integration level
- Permitted Disparity: Lesser of base % or 5.7%
- Excess %: DC Plan contribution for compensation above integration level.
Defined Benefit Plans (integration w/ SS)
Base % + Permitted Disparity = Excess %
- Base %: DB Plan contribution for compensation below integration level
- Permitted Disparity: Lesser of base % or 26.25%
- Excess %: DB Plan contribution for compensation above integration level.