Retirement Savings/Income Planning Flashcards
Nonqualified deferred compensation
often used to provide retirement benefits to top executives that exceed limits available through qualified plans. Plans are often referred to as top-hat plans, excess benefit plans, or supplemental executive
excess benefit plan
typically mirrors a qualified plan benefit formula but is not subject to funding or benefit amount limits, covered compensation limits, or an annual additions limit.
SERP
typically promises to pay an executive additional compensation of a specified amount for a specified period contingent on the executive remaining with the company for a specified period and/or attaining specific goals, typically related to production or sales growth.
are employers required to include everyone in non qualified plans?
Employers can select which executives are included in the plan and benefits do not need to be uniform among participants.
are nonqualified plans subject to ERISA regulations?
Plans are not subject to all the rules and regulations under ERISA or the funding limits for qualified plans under IRC Section 415.
are there formal funding in non qualified plans?
no
The goal for non qualified deferred comp plans
To avoid constructive receipt and current taxation there must be a substantial risk of forfeiture
do non qualified deferred comp plans have a vesting schedule?
typically
Nonqualfied deferred comp plans tax consequences for employer and executive
The executive does not recognize income and the employer does not receive a deduction until there is no longer a substantial risk of forfeiture.
How are nonqualified deferred comp plans pccasionally “informally funded
using cash value life insurance
what does a Rabbi Trust do?
provides some security to the executive in safeguarding the payment of the promised deferred compensation benefits.
Are funds in the rabbi trust are available to the corporation for other purposes?
no
what are the funds safeguarded from in a Rabbi Trust?
funds are safeguarded in the event of a merger or acquisition.
Why does a rabbi trust not trigger immediate recognition of compensation to the executive?
because the funds in the rabbi trust are accessible by corporate creditors in the event of insolvency of the company.
What trust is not subject to the company’s creditors and results in immediate compensation recognition
A “secular” trust
What does the use of a rabbi trust to provide
some security to the executive for the payment of the unfunded promise of nonqualified deferred compensation benefits
what is the objective of a rabbi trust
to provide a level of security without triggering constructive receipt. Note: the funds are still subject to the companys creditors
Types of qualified plans (2)
Pension
Profit-sharing-Section 401(k)
Tax-Advantaged Plans that have characteristics like qualified plans
Simplified Employee Pension (SEP)
Savings Incentive Match Plan for Employees (SIMPLE IRA)
List Non-Qualified Plans
Non-qualified deferred compensation
Supplemental Executive Retirement Plan (SERP)
Top Hat Plan
Section 162 Bonus Plan
When choosing between a qualified plan and a non-qualified what three common elements can be determined by the employer’s ranking
1.) Currently deductible employer plan contributions
2.) Benefits not currently taxable to the employee/participant
3.) Employer can limit participation to select individuals (pick and choose)
No retirement plan has all 3 elements. An employer may select any 2 of the 3 and the choices will dictate the plan category
Employer plan choices combo visual
section 162 bonus plan
another type of executive benefit.
section 162 plan details
large cash value life insurance policy, executive owns the policy and names the beneficiary, the employers pay the premiums, the executive pays taxes on the premiums paid as bonus compensation, death benefit is tax free, executive has access to the cash value
(NQSO) Grant
Employer awards executive with option to purchase a specified number of shares of the employer’s stock at a specified price.
is there a tax consequence with a NQSO grant?
no
Are NQSO grant options subject to a vesting schedule before they may be exercised?
typically
NQSO exercise stock option
The employee purchases the employer stock at the price specified at grant.
Difference between the exercise(strike) price and the FMV on the date of exercised is referred to as
bargain element
Tax consequences for employer and employee year of NQSO exercising option
executive recognizes compensation income in the amount of the bargain element.
Compensation income recognized is subject to payroll taxes.
Employer claims a deduction for the compensation recognized by the executive.
What is the executive’s basis in the stock purchase for a NQSO
the sum of the exercise price paid and the compensation income recognized.
NQSO sale of stock
The stock previously acquired at exercise is sold.
Tax consequences for sale of NQSO stock
The difference between the sale price and the basis is taxed as capital gain; either STCG or LTCG depending on the holding period after the exercise date
Are there restrictions for NQSO terms of the grant
no
Who can NQSO be issues to
NQSOs may be issued to the employee or a beneficiary of the employee.
Can NQSO be gifted?
NQSOs may be transferred (gifted) during the lifetime of the original recipient
Incentive Stock Option (ISO)
tax-favored plan for compensating executives by granting options to buy company stock at specific exercise prices
Do ISO’s get taxed at time of grant or time of exercise of the option?
no
f the ISO meets the requirements of IRC Section 422, when does the executive get taxed?
only when stock purchased under the ISO is sold, except for the potential of Alternative Minimum Tax (AMT).
When does a corporation receive a tax deduction with a qualfiying disposition ISO
never
When does a corporation receive a tax deduction with an ISO?
in a non qualifying disposition, when the stock is sold
what constitutes a qualifying disposition in an ISO?
sale occurs at least two years from grant AND one year from exercise
Grant Phase in ISO
no taxable event, strike price= market value
What is the ISO grant limit per year?
100k
can an ISO create AMT? If so, during what phase?
yes, during exercise
at what price is a stock purchase at when exercising an ISO
strike price
What is the Positive AMT Adjustment in an ISO
the amount of the bargain element
how can yo calculate the bargain element in an ISO
FMV at exercise price - strike (exercise) price) x # of shares- it is not subject to current taxation but there is an (+) adjustment for AMT in the amount of the bargain element
what happens in the sale phase of an ISO
stock is sold, Negative AMT adjustment,, capital gain/loss on the difference from the strike price is its a qualfiying disposition.
when does the negative AMT get adjusted in an ISO
during the sale of stock, if the price of the stock at the time of sale is greater than or equal to the price of the stock at the time the ISOs were exercised, the adjustment will be a negative adjustment for the SAME AMOUNT as the og positive AMT ISO adjustment
what happens in a disqualifying disposition ISO?
bargain element gain will not be taxed as capital gain
what triggers a disqualifying disposition ISO
if holding rules are not met (Qualifying Disposition = Sale occurs at least:
two years from grant AND
one year from exercise.)
when is the final tax treatment known in an ISO?
not until the stock is sold
Taxation options in a disqualifying disposition ISO
stock is bought & sold in the same year: ordinary income and FICA; employer receives deduction
stock is bought and sold within one year but not within the same calendar year: ordinary income only