Wrong Questions Flashcards

1
Q

Dr. Woods, age 29, is a new professor at Public University where has has a salary of $111,000. PU sponsors a 403b and a 457 plan. Dr. Woods also has a consulting practice called DEC. He generates $200,000 of revenue and has $50,000 of expenses for DEC. Assume his SE tax is $20,000. What is the most that he could contribute to all of the retirement plans this year assuming he establishes a Keogh Plan for DEC?

A. 38,000
B. 58,000
C. 67,000
D. 73,000

A

C.

Dr. Woods can contribute 19,500 to each of the 403b and 457 Plans. In addition he can establish a Keogh plan and contribute 20% of his net self-employment income after deducting 1/2 of SE Taxes.

$200,000
-$50,000 
\_\_\_\_\_\_\_\_\_\_
$150,000
-$10,000 (1/2 SE)
\_\_\_\_\_\_\_\_\_
$140,000
* .20
\_\_\_\_\_\_\_\_\_\_
$28,000

In total:
19,500 + 19,500 + 28,000 = 67,000

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2
Q

Sherman, age 52, works as an employee at Cupcakes etc. They sponsor a 401k plan and he earns $50,000 while making a 10% deferral into his 401k. His employer matches the first 3% deferral at 100% and made a 5% profit sharing contribution to his plan. Sherman also owns hiw own landscaping business and has adopted a solo 401k plan. His landscaping business earned $40,000 for the current year. What is the total contribution that can be made to the solo plan, assuming his SE taxes are $6,000?

A. 19,500
B 21,000
C. 26,000
D. $28,400

A

D

An individual can defer up to $19,500 plus an additional 6500 catch up for all of their 401k and 403b’s combined. Since he already contributed $5k into his employer plan, he can still defer $21,000 into the solo plan. The employer contributions in this question are in addition to the employee deferral limit.

Then you have to add in the employer contribution for the solo 401k plan by doing the keogh, add that to the 21,000 and get 28,400

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3
Q

James is covered under his employers top heavy Defined Benefit Pension Plan. He currently earns $120,000 per year. The defined benefit plan uses a funding formula of years of service * average of three highest years of comp * 1.5%. He has been with the employer for 5 years. What is the maximum defined benefit that can be used for him for funding purposes?

A. 9,000
B. 12,000
C. 58,000
D. 120,000

A

B

This is a TOP HEAVY plan, which means that the maximum benefit looks like this:

120,000 * 5 * 2% (NOT 1.5%)

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4
Q

In 2021, the Section 415 limit for defined contribution plans is:

A. 19,500
B. 58,000
C. 230,000
D. 290,000

A

B

Answer A is the employee contribution. Section 415 is the Annual Additions Limit

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5
Q

A supplemental deferred compensation plan that pays retirement benefits on salary, above the Section 415 limits, at the same level as the underlying retirement plan is known as:

A. SERP
B. A funded deferred compensation plan
C. An excess benefit plan
D. A rabbi trust

A

C

An excess benefit plan extends the same benefits to employees whose contributions to the plan are limited by section 415. An excess benefit plan would put additional 12k into non-qualified retirement plans. Do not confuse with a sERP which provides benefits in excess of the section 415 limits AND ignores the covered compensation limits.

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6
Q

Donald and Daisy are married and file jointly. They are both age 42, both work, and their combined AGI is 116k. This year Donald’s profit sharing account earned over $5k. Neither he nore the company made any contributions and there were not forfeitures. Daisy declined to participate in her company’s defined benefit plan because she wants to contribute to and manage her own retirement money. (Her benefit at age 65 under the plan is $240 a month). How much of their 12,000 IRA contribution can they deduct? Assume that $6000 is contributed into each account.

A. 6,000
B. 8700
C. 9600
D. 12000

A

B. Daisy is an active participant. You cannot opt out of a defined benefit plan.

$6000 * (116000-105000 / 20000) = Reduction of 3300

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7
Q

Stewart is single, age 32, and contributed 1500 into a payroll deduction IRA sponsored by his employer. His annual earned income is 40,000. What is the maximum that he can contribute to a Roth IRA for the current year?

A. 0
B. 3000
C. 45000
D. 6000

A

C

The Payroll Deduction IRA is probably the simplest retirement arrangement that a business can have. No plan documents need to be adopted under this arrangement. The employer has no filing requirements BUT this counts towards the contributions for regular IRA’s for the year.

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8
Q

Jacinth is an executive at PU. As part of her compensation she has a restricted stock plan that allows her to received 2,000 shares of stock after she completes 5 years of service. She has met the vesting requirements 8 months ago when the stock was trading at 28 per share. She has decided to sell her stock. All of the following are true, except:

A. If she sells the stock today for $3 per share she would have an ordinary loss of $50k
B. If she sells the stock today for $15 per share she will recognize a capital loss of $26,000
C. If she sells the stock today for $28 per share then she will not recognize any gain or loss.
D. If she sells the stock today for $38 per share then she will recognize $20k in STCG

A

A. is the false statement. When she became vested in the shares, since she didn’t take the 83b election, she would recognize the W-2 gain then of $56,000. If she sold it for $3 per share she would recognize a capital loss, not an ordinary loss of $50k

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9
Q

Which of the following statements are true regarding Section 457 Plans?

I. Eligible Plan Sponsors include non-profit organizations, churches, and governmental entities.

II. In-service distributions after age 59.5 are allowed in a 457 plan

III. Salary deferrals are subject to SS, Medicare, and Federal unemployement tax in the year of the deferral.

IV. Assets of the plans for non-governmental entities are subject to the claims of the sponsor’s general creditors

A

I, II, IV

Churches are not qualifying sponsors of Section 457 plans

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10
Q

Safe Harbor requirements to exclude leased employees from an employers retirement plan include all but the following:

A. The leasing company must maintain a money-purchase plan with a contribution rate of 10%
B. The retirement plan of the leasing company may be integrated
C. The leasing company’s plan must provide immediate vesting
D. Safe Harbor can be used until leased employees constitute 20% of the NHC work force

A

B.

Under safe harbor leasing rules the plan must provide 10% non-integrated money purchase plan with immediate vesting. No more than 20% of the employers nonHCE may be leased to qualify for safe harbor rules.

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11
Q

Randal was just hired by Chastain, Inc., which sponsors a defined benefit plan. After speaking with the benefits coordinator, Randal is still confused regarding eligibility and coverage for the plan. Which of the following is correct?

A. The plan could provide that employees be age 26 and have 1 year of service before becoming eligible if upon entering the plan, the employee is 100% vested.

B. The plan may not cover Randal due to his position in the company, even if Randal meets the eligibility requirements.

C. Part-Time employees, that work less than 1,000 hours within a 12 month period, are always excluded from DB plans.

D. Generally, employees begin accruing benefits as soon as they meet the eligibility requirements

A

B.

Choice A is not correct because its 21+1. Choice C is not correct because a plan could cover part time employees.
Choice D is not correct because employees become part of a plan only as early as at the next available entrance date after meeting the eligibility requirements.

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12
Q

To retain its qualified status, a retirement plan must:

I. Have pre and post death distributions
II. Stipulate rules under what circumstances employee contributions are forfeited
III. Be intended to be permanent
IV. Be established by the employer

A

I,III,IV only

Employee contributions must be vested and cannot required to be forfeited.

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13
Q

Which statements accurately reflect the provisions for a self-employed owner (partnerships and sole props) in a small business pension plan?

I. Loans are available to owners and employees alike, if each has equal right and terms of the loans.
II. Contributions from owners are based on net earnings rather than wages
III. Contributions for employees (as a percentage of salary) is the same as for the self-employed owner (as a percentage of profit)
IV. Lump-Sum distribution tax treatment allowed for employees

A

I, II, IV

III cannot be right because they have to use the SE keogh contribution calculation

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14
Q

Which of the following is not a requirement for the owner of a corporate stock who sells to an ESOP to qualify for the nonrecognition of gain treatment?

A. The ESOP must own at least 55% of the corporations stock immediately after the sale.

B. The owner must reinvest the proceeds from the sale into a qualified replacement securities within 12 months after the sale.

C. The ESOP may not sell the stock within three years of the transaction unless the corporation is sold

D. The owner must not receive any allocation of the stock through the ESOP

A

A.

The ESOP must own at least 30% of the corporations stock immediately after the sale. All of the other statements are true.

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15
Q

Fred’s Po-boy shop sponsors an age-based profit sharing plan and contributes 20% of total covered comp to the plan. What is the most that could be contributed by the employer to Will’s account if his annual compensation is $230,000 for 2021? Assume Will is 58 years old.

A. 36,000
B. 42000
C. 58000
D. 63500

A

C

The mos that could be contributed is the annual 415 limit and there’s no indication that the 20% applies to everyone equally (it’s an age-based profit sharing plan)

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16
Q

All of the following accurately reflect the characteristics of a stock bonus plan, except:

A. Useful in cash flow planning for plan sponsor due to cashless contributions
B. Provides motivation to employees because they become “owners”
C. 20% withholding does not apply to distributions of employer securities and up to $200 in cash
D. May not allow “permissible disparity” or integration formulas

A

D

Integration formulas are not allowed under an ESOP plan but they are allowed under a stock bonus plan. All other statements are accurate in their description.

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17
Q

Which of the following correctly describes characteristics of group universal life insurance?

I. The contract has a master group policy
II. The employer usually pays all of the policy premiums
III. Expenses are often lower than for individual universal life policies
IV. These policies offer the potential for higher returns than whole life policies
V. The coverage is based on a combination of decreasing units of group term and accumulating units of single premium whole life

A

III and IV only

I - applies to group term life
II - usually the employee is required to pay part or all of the premium cost of group universal life insurance
V - applies to a group whole life program

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18
Q

Based upon the IRC, which of the following statement(s) is/are correct?

I Medical expenses paid as a benefit to the surviving spouse are excludable from gross income only to the extent they would have been excluded if they had been paid to the employee

II. Highly-compensated employees may lose their tax-free status of medical benefits under a self-insured plan which is disciminatory

III. A highly-compensated employee may be taxed on part of his or her medical expenses for which he or she is reimbursed under a discriminatory self-insured plan, even if the same benefits are available to all workers

A

I, II, III

Need to spend more time looking into all of this

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19
Q

Eldrick, age 40, established a Roth IRA 3 years ago and was tragically struck and killed by an errant golf ball hit by a drunk spectator at a golf tournament. Eldrick had contributed a total of 10k to the account and had converted 20k from his traditional IRA. His 20 year old son, Charlie, inherited the Roth IRA, which now has a balance of 60k. Which of the following statements is correct?

A. Charlie can distribute the entire balance from the Roth IRA without it being subject to any income tax or penalty the month after eldrick dies
B. Charlie must take minimum distirbutions from the Roth in the year that Eldrick dies
C. If charlie begins taking RMD’s, then the first distribution will be partially taxable
D. Charlie could delay taking a distribution from the Roth IRA for several years, avoid all penalties and income tax on the distribution

A

D.

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20
Q

Jacque’s wife just lost her job and they had a death in the family. Jacque is planning on taking a hardship withdrawal from his 401k plan to pay for living expenses and funeral costs. Which of the following is correct regarding hardship withdrawals?

A. Hardship withdrawals can be taken even if there is another source of funds that the taxpayer could use to pay for the hardship
B. Hardship withdrawals are beneficial because although they are taxable, they are not subject to the early withdrawal penalty
C. Hardship withdrawals can only be taken from elective deferral amounts
D. Unless the employer has actual knowledge to the contrary, the employer may rely on a written representation of the employee to satisfy the need of heavy financial need

A

D.

Answer C is not correct because a hardship distribution an be take from employee deferrals and employer contributions

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21
Q

According to ERISA, which of the following is/are required to be distributed automatically to defined benefit plan participants or beneficiaries?

I Annual Accrued benefit as of the end of the previous year
II. The plan’s summary annual report
III. A detailed descriptive list of investments in the plan’s fund
IV. Terminating employee’s benefit statement

A

II and IV

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22
Q

SEP IRA plans are unique from defined contribution plans in which of the following areas:

I Length of permissible exclusion from coverage based upon service
II. Establishment date of the plan
III. Income requirement for participation
IV. Car be paired with another plan

A

I+III

Employees can be excluded up to 3 years or age 21, whichever is longer. Employee needs to earn only $650 to be included in the plan.

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23
Q

If an employee receiving incentive stock options does not meet the employment time requirement, but receives options as a nonqualifying and exercises them, what will the consequences be?

A. The employee will be required to recognize income immediately upon receipt of the options
B. The employee will be required to recognize compensation income in the year the option is exercised
C. If an employee meets the holding period requirement, it does not matter whether he or she meets the employment requirement and the option is qualified
D. There is no consequences to this circumstance

A

C.

This illustrates the difference between the treatment of ‘qualified’ versus ‘nonqualified’ stock options. The tax implications are immediate and the income is recognized as soon as the option is exercised rather than when the stock is subsequently sold.

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24
Q

Bob Thornton received his NQSO from his company (traded on the NYSE), one year ago last week, with an option exercise price and stock price of $30. He told you recently, as his trusted financial adviser, that he desperately needed cash, and so he exercised the options last week on the one year anniversary with the stock price at $40 per share, and he sold the stock as it climbed to $45 peer share. What will the tax ramifications of these transactions be?

A. Bob will be taxed at cap gains rates only when the option is exercised and again for the difference when the stock is sold.

B. Bob will be taxed as W-2 income for the FMV of the stock less the exercised price when it is exercised, and then he will be taxed at capital gains rates for the balance when the stock then subsequently sold (LT or ST)

C. Bob will be taxed at ordinary income rates on the difference between the exercise price and the FMV of the stock when the option is granted and then on capital gain rates when the stock is sold for the FMV

D. There are no consequences to this circumstance until Bob sells the stock with all proceeds being taxed at capital gains rates

A

B

He will be required to report the gain as W-2 income of $10 when the option is exercised and then another $5 cap gain when it’s sold.

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25
Q

Match the following statement with the type of retirement plan which is most completely describes: “A plan which requires annual employer contributions equal to a formula determined by each participant’s salary” is a….

A. Profit sharing plan
B. Money Purchase plan
C. SIMPLE IRA
D. Defined Benefit Plan

A

B

Defined benefit and cash balance plans have their contributions determined by age, as well as salary.

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26
Q

An actuary establishes the required funding for a defined benefit pension plan by determining:

A. The lump sum equivalent of the normal retirement life annuity benefit of each participant

B. The amount of annual contributions needed to fund single life annuities for the participants at retirement

C. The future value of annual employer contributions until the participant’s normal retirement date, taking an assumed interest rate, the number of compounding periods, and the employee attrition into account.

D. The amount needed for the investment pool to fund period certain annuities for each participant upon retirement

A

B is correct

A - it deals with a lump sum, NOT annual contributions
C - DB plans deal with present value, not future value calculations
D - DB plans deal with life annuities, not period certain annuities

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27
Q

Prince, age 60, is the sole member of Symbols, LLC. Symbols sponsors a 401(k)/profit sharing plan. Prince’s SE income after expenses was 123,000 and his SE taxes were 17,400 for the year. What is the maximum that could be contributed by the employer and Prince for the benefit of Prince for 2021 ?

A. 42360
B. 48860
C. 49600
D. 55850

A

B

26000 for Prince employee deferral

123000 - (.5*17,400) * .2 = 22860 for contribution from the company

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28
Q

Factors which would affect a participant’s retirement benefits in a target benefit plan include:

I. The actuarial assumptions used to determine plan contribution

II. The total return on plan assets

III. The age of the participant

IV. The includible compensation for the plan year for the participant

A

All of these are correct

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29
Q

Abe’s Apples has an integrated stock bonus plan. If the plan makes a 10% contribution for the current ear what is the maximum excess rate?

A. 5.7%
B. 10%
C. 15.7%
D. 20%

A

C

The maximum excess rate is 2x the contribution rate limited to a disparity of 5.7%.

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30
Q

Calculate the maximum contribution that could be contributed for an employee, age 41, earning 140,000 annually, working in a company with the following retirement plans: 401k with no employer match and a money-purchase pension plan with an employer contribution equal to 12% of salary.

A. 19500

B. 16800

C. 36,300

D. 58,000

A

C

Maximum 401k contribution (no match) - 19500

12% money purchase plan: 12% * 140000 = 16,800

16800+19500=36300

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31
Q

Carol, age 55, earns 200k per year. Her employer, Reviews are use, sponsors a qualified profit sharing 401k plan, which is not a safe harbor plan, and allocates all plan forfeitures to remining participants. In the current year, Reviews Are Us makes an 18% contribution to all employees and allocates 7000 of forfeitures to Carol’s profit sharing plan account, what is the maximum Carol can defer to the 401k plan in 2021 if the ADP of the NHC is 1%.

A. 4000
B. 19500
C. 10500
D. 26000

A

C

Even though it’s not a safe harbor plan, they still have to deal with ADP testing.

1% ADP = 2% ADP for HCE, which is 4000. BUT since she’s 55 years old she gets the 6500 annual catch up that isn’t calculated in the ADP %.

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32
Q

Joe Liner works at a company that is considering options regarding its future legacy payments and it needs to find current tax deductions. One option the company is considering is funding a VEBA this year. Joe is uneasy but open to the idea because he has heard that more benefits may be funded in the VEBA. Which of the following are permitted under a VEBA?

I. Life, sickness and accident benefits

II. Retirement Benefits

III. Severance and supplemental unemployment

IV. Job training

V. Commuter Benefits

A

I, III, IV

Retirement Benefits and Commuter benefits cannot be included in a veba

33
Q

Which of the following describe benefits usually available under an employer-provided ST disability plan?

I. ST coverage will start on the first day when the disability is related to an illness

II. The definition of disability under ST disability coverage is defined as the inability to perform the normal duties of one’s position

III. Benefits under a ST disability plan usually extend for one year

IV. Generally, ST Disability coverage will start after sick pay benefits have been provided to a covered employee

A

II and IV

ST Disability coverage benefits usually start the eighth day of an illness (first day for accident and generally last no more than 6 months

34
Q

FSAs as an employee benefit have which characteristics?

I The accounts are funded with AT employee contributions

II. An FSA can be incorporated into a cafeteria plan

III. Unused funds in the account at the end of the year cannot be refunded to the participant

IV. Dependent care FSAs are limited to 2,400 for 1 dependent and 4800 for two dependents

V. Funds in he medical FSA can pay qualified child care expenses

A

II and III only

I - pretax dollars
IV Dependent care FSAs are limited to 5k per year
V - payment of child care expenses would be non-qualified.

35
Q

A supplemental deferred comp plan providing retirement benefits above the company’s qualified plan AND without regard to Section 415 limits is known as:

A. SERP
B. A funded deferred compensation plan
C. An excess benefit plan
D. A rabbi trust

A

A.

SERP supplements the pension plan without regard to the limits imposed upon salary levels or the maximum funding levels of 415

36
Q

How is life insurance utlilized to finance the obligation of an employer under a NQDC plan?

A. company can defer compensation that would otherwise be due an employee and allow the employee to use this money to purchase life insurance listing himself as the owner of the policy.

B. A company can defer future comp that will be due an employee and use the amount to purchase life insurance in the employees name while the company pays premiums for the policy

C. A company can defer compensation that would otherwise be due an employee and use the amount to purchase life insurance on the employee in the company’s own name while paying the premiums for the policy

D. A company can defer compensation that otherwise would not be due yet to an employee and use this projected amount of money to purchase life insurance in the employee’s name while the company pays premiums for the policy.

A

C.

Option B is incorrect because it is compensation due NOW, not compensation in the future

37
Q

Bertha who is 54, spent most of her career in the corporate world and now provides consulting service and serves as a director for several public companies. Her total self employment income is 500k. She is not participant in any other retirement plan today. She would like to shelter as much of her self-employement earnings as possible by contributing to a retirement plan. Which plan would you recommend?

A. Establish 401k plan
B. Establish a target benefit plan
C. Establish a deferred comp program for herself.
D. Establish a SEP IRA

A

A.

She will be able to defer 58k plus a catch up of 6500 to the 401k plan, where she can only contribute 58k into the target benefit plan dnad SEP.

She cannot set up a deferred comp plan for herself.

38
Q

Robert Sullivan, age 56, works for Dynex Corp and earns 295,000. Dynex Corp provides a non-elective 2% contribution to its SIMPLE IRA. Which of the following is the maximum amount that could go into Robert’s account this year?

A. 13,500
B. 19500
C. 22300
D. 22400

A

C

The compensation limit of 290000 only applies to SIMPLE’s when it’s a non-elective contribution. If it was a matching contribution then they would have been able to give above the 290k limit

39
Q

When calculating the Wage Replacement Ratio (WRR), what percentage of income is subtracted for a self-employed individual for Social Security and Medicare Taxes?

A. 7.65
B. 6.20
C. 15.3
D. 13.3

A

C

This is an important point to stress as many clients are SE and pay both employer and employee portions of the tax

40
Q

Beth works for MG Inc. and was hired right out of school after graduating four years ago. Beth receives a 12k distribution from her designated Roth account in her employers 401k plan as a result of her being disabled. Immediately prior to the distribution, the account consisted of 15k of investment in the contract and 5k of income. What are the tax consequences of this distribution?

A. 12,000 of income
B. 5000 of income
C. 3000 of income
D. No income tax consequences

A

C - 3000 of income

Non qualified distributions from a designated Roth account associated with a 401k are subject to tax on a pro-rate basis

It’s not a qualified distribution because she has not held the account for at least 5 years.

41
Q

Meg has an AGI of 1m which is all comprised of earned income. She is single and age 50. Her employer offers a 401k plan and, although she is eligible to defer, she does not make any deferrals into the plan. The employer made a qualified matching contribution during the current year in order to meet ADP testing. Which of the following statements is true?

A. She can contribute and deduct 6k
B. She can contribute and deduct 7k
C. She can contribute 6k and deduct 0
D. She can contribute 7k and deduct 0

A

B

A qualified matching contribution would only be made to those employees that actually deferred into the 401k plan. Therefore, she would not have actually received a contribution since she didn’t defer.

42
Q

Cher retired early so she could spend more time with her grandkids. She has the following accounts: 401k roth with a balance of 100k. She only worked for the company for four years and contributed 15k each year to the account. The company never contributed anything to it. She has a Roth IRA with a balance of 80k. She esablished it by converting her TIRA (50k pretax) to the Roth IRA 4 years ago and has contributed 5000 each of the last four years. She decided to take a distribution of half of each account for the purpose of purchasing a Porsche Cayenne. Which of the following is correct regarding the tax treatment of her distributions?

A. no tax or penalty on eithe r
B. Taxation on 20k from the Roth 401k and Penalty on 20k for the Roth IRA
C. No taxation ont he distribution from the Roth 401k but income and penalty on the Roth IRA
D. Penalty of 2k on the roth distribution and taxation and penalty on 20k of the Roth 401k distribution

A

B.

Neither distribution is qualified.

43
Q

Which of the following plans must meet the requirement for a qualified joint and survivor annuity?

I. DB plans
II. Profit Sharing Plans
III. Target benefit plans
IV. Money purchase plans

A

All four

Only pension plans are required to have a joint and survivor annuity option.

44
Q

If a stock option is vested when it is received, and has a readily ascertainable value it is:

A. Assigned that value for taxation purposes
B. Taxable when the stock is sold
C. Taxable as soon as it is exercised
D. Immediately Taxable

A

D

Vested options are taxable based on the value of the option to the extent the FMV exceed the option price

45
Q

Which of the following statements are accurate concerning integration (“permissible disparity”) rules for qualified plans?

I The integration base level for a defined contribution plan can exceed the current year’s Social Security taxable wage base
II Permitted disparity levels reduce benefits in a defined benefit plan if employee retires early
III It isn’t possible to have a defined benefit plan formula which eliminates benefits for lower paid employees

A

II and III only

Statement I is incorrect becasue the integration levels cannot be higher than the SS wage taxable base. It may be lower, but not higher

46
Q

Complex Corporation is ready to adopt a profit sharing plan for eligible employees. Which of the following groups would have to be considered in meeting the statutory coverage and participation tests?

I. Employees of Simple Corporation, in which complex owns 85% of the stock
II. Employees of Universal Corp, which Complex owns 55% of the stock
III. Rank and file workers at complex who are union memeber with a contract that provides retirement benefits as a result of good-0faith collective bargaining.
IV. Employees who are leased and covered by the leasing corps profit sharing plan

A

I and IV

Simple must be considered because Complex owns more than 80%.

Leased employees must be considered because their leasing company’s plan is not a pension plan.

47
Q

Which of the following is true concerning 401k plans regarding HC employees and NHC employees?

A. Non-discriminatory rules state at least 80% of all NHCs must be covered by the plan, or the ration of NHCs covered by the plan must be at least 80% of the HCs, or the average benefit percentage of NHC’s is at least 80% of HC’s

B. The ADP test limits employee voluntary contributions to the plan for HCs. To accurately calculate the ADP, the admin needs to know the percentage of income the NHCs contribute to the plan and how much the HCs defer to the plan

C. The actual deferral test takes all employees into account when calculating it

D. the average ratio of HCs may not exceed 125% of the ADP of the NHC grup if the ADP of the NHC group is 6% or more

A

B

Option C is incorrect because only employees who are eligible to participate are included in the ADP test.

48
Q

A parent-subsidy group exists if the parent company owns what percentage of voting stock in another corporation?

A. at least 50
B. more than 50
C. At least 80
D. more than 80

A

C

49
Q

CRU is a small printing company. Chad A. Reams is the owner of the company and earns 100k. CRU has 3 employees, all who have worked at least two years. The company establishes a 10% Money Purchase plan this year. Chad wants to maximize the time it takes for employees to become fully vested into the plan. Total covered payroll is 165k. Which of the following vesting schedules is most appropriate for this plan?

A. 2 year cliff
B. 3 year cliff
C. 5 year cliff
D. 2-6 year graded

A

D.

Ream is receiving 61% of the covered payroll which will make this a top heavy plan. The only vesting schedules will be allowed are A, B or D. While A and B ar eallowed, the current participation could put all employees in a position of being fully vested immediately.

50
Q

Which of the following tasks are the primary responsibilities of a plan trustee?

I. Determining which employees are eligible, vesting schedules, and plan benefits
II. Preparing, distributing and filing reports and records required by ERISA
III. Investing the plan assets in the “prudent” manner.
IV. Monitoring and reviewing the performance of plan assets

A

III and IV only

I and II are the responsibilities of the plan admin

51
Q

BLOW has maintained a DB plan and a money purchase PP for many years. The current benefit formula for the DB plan is 3% x yrs of service x average of the last three years of salary, limited to a max benefit of 70%. The money purchase plan calls for a 6% contribution for all employees who are covered under the plan. BLOW has been experiencing financial difficulties due to changes in the industry and is considering changing the benefits under the plans. Which of the following changes would not be permitted under the anti-cutback rules?

A. Changing the benefit accrual for the DB plan from 3% to 2% for future years
B. Reducing the MPPP contribution from 6-3% for future years
C. Decreasing the max benefit under the DB plan from 70 to 50% for all future retirees
D. Switching the vesting for the MPPP from a 3 year cliff to a 2-6 year graduated

A

C.

The anti-cutback rules state that you can’t cutback benefits that have been accrued to date. Choice A and B affect future benefits. Choice C will likely impact current employees who have accrued 70% benefits.

Choice D is a permitted change and would not result in a reduction in current vesting.

52
Q

Which of the following employees can be excluded from participation in a qualified plan?

A. Age 22 with 3 years of service
B. Employee, Age 25 with 13 months of service of a 401k plan sponsor
C. Previously eligible employee terminated from service with 501 hours during plan year
D. Colelctive bargain covered employee of two years

A

D

C is wrong because previously terminated employees will still receive their final contribution with their final pay. They also have a specified amount of time to return to work with the same years of service.

53
Q

Which of the following transaction by a qualified plan’s trust are subjected to Unrelated Business Taxable Income (UBTI)?

I. a trust obtains a low interest loan from an insurance policy it owns and reinvests the proceeds in a CD paying a higher rate of interest.

II. A trust buys an apartment complex and receives rent from the tenants

III The trust buys vending machines and locates them on the employer’s premises

IV The trust rents raw land it owns to an oil and gas developer

A

I and III only

Statements I and III are subject to UBTI because income from any type of leverage or borrowing within a plan is subject to it.

54
Q

Which of the following are correct statements about self-employed retirement plan?

I. Benefits provided by SE DB plan cannot exceed the lesser of 230,000 or 100% of income in 2021

II. May be established by an unincorporated business entity

III. Contributions to “owner-employees” are based upon their gross salary

IV. Such plans are permitted to make loans to common law employee participants

A

I, II, IV

Loans are available to the common law employees of the firm.

Statement III is incorrect because owner-employee contributions are based upon total earned income in the business, not just salary.

55
Q

Which of the following statements is correct regarding a section 457b plan?

A. it is a type of qualified plan
B. It features a catch-up adjustment for individuals age 50+
C. Participants in the plan are considered active participants for purposes of determining deductibility of contributions to a TIRA
D. Employer contributions to the plan are deductible by the employer, if made by the extended due date of the employers tax return

A

B

D is incorrect because 457 plans are sponsored by tax-exempt orgs who do not have income tax deductions

56
Q

All of the following are factors that can influence the amount of employer contribution to an individuals age-based profit sharing plan account EXCEPT:

A. Salary
B. Age
C. Discount Rate
D. Years of Service

A

D

An age-based profit sharing plan contribution is based on the employees salary and age, and a discount rate used to determine the present value

57
Q

If an employer sponsors a cash balance plan which guarantees an investment return that is lower than the actual investment results, what will be the effect to the employer?

A. the employer will be required to make a non-elective contribution to the plan

B. The employers required contribution to the plan will not be affected

C. The employers required contribution to the plan will be increased

D. the employers required contribution to the plan will be lowered

A

D

Read the question

58
Q

Jayco sponsors a 401k plan for the employees in the Chicago office. Of the 90 eligible employees the company employs in the US, 40 of them are covered under the 401k plan. The plan benefits NHC employees only and proved them with 10 investment options. Does the 401k plan satisfy the qualified plan requirements?

A. No, because the 401k plans must cover at least 50 employees
B. No, because the plan will auto fail the ADP test
C. Yes, because no HC employees are covered
D. Yes, because the plan offers more than 3 investments options

A

C

59
Q

Sam Davis, 47, earns 100k per year, and wants to establish a DB plan. He employs 4 people whose combined salaries are 50k and range from age 22-27. The average employment period is 3.5 years. Which vesting schedule is best suited for Sam’s plan?

A. 3 year cliff
B. 3-7 year graded
C. 100% immediate vesting
D. 2-6 year graded

A

D

This plan will be top heavy based on the disparity between Sam’s comp and the employee’s comp.

60
Q

Which of the following statements regarding IROs nad NQSOs is correct?

A. The tax treatment of a cashless exercise of an ISO is the same as a cashless exercise of a NQSO

B. One of the disadvantages of an ISO is that the sale of the stock attributable to an ISO may result in the taxpayer paying AMT

C. Sect. 409A provides harsh penalties when a company grants an ISO or NQSO with a strike price that exceeds the current FMV of the employer’s tax

D. To the extent that the aggregate FMV of stock with respect to which ISO are exercisable for the 1st time by any individual during any calendar year exceeds 100k, such options shall be treated as options which are not ISOs

A

D

A- ISO’s are not subject to payroll tax and NQSOs are.

61
Q

Your clients, Nick and Betty, have come to you with some questions. She has been an employee of April corp for several years and received some stock options as comp at times. He has worked with April as a consultant on several jobs over the last few years and was paid in part with stock options. Nick and Betty Jo want to know more about their situation regarding the options. What can you tell them?

A. Betty’s are qualified and Nick’s are non-qualified
B. Nicks are nonqualified and Betty’s are non-qualified
C. Nicks are non-qualified and betty’s could be either
D. Betty’s are nonqualifed and nicks are qualifed

A

C

Because nick is not an employee, we know that his options aren’t qualified. We can’t be sure about hers

62
Q

Eric works for Carpets, Inc. Carpets, Inc issued him both ISOs and NQSOs during the year. Which of the following would be the most compelling reason why they might issue both?

A. they want to issue over 80 k options that are exercisable in the same year
B. The NQSOs and ISOs are exercisable in different years.
C. The company wants to provide the NQSOs to assist the individual in purchasing the ISOs
D. Since they are virtually the same there is no compelling reason to issue both in the same year.

A

C

When both ISOs and NQSOs are available in the same year the individual can exercise and sell the unfavored NQSOs to generate enough cash to purchase and hold the tax favored ISOs

63
Q

Retirement plans qualified under IRC Section 401a have many benefits for employers and employees. Which of the following is correct regarding qualified plans?

A. All employer contributions to qualified plans are fully deductible in the year of the contribution
B. Payroll taxes are avoided for all contributions to the qualified plan
C. All qualified plans assets are held in a tax exempt trust and all earnings within the trust are deferred from taxation until distributed from the plan.
d. The non-alienation of benefits rule under ERISA provides complete protection from all creditors, including the IRS unless the funds are distributed from the plan

A

C

A- there are limits to deductibility (25%)
B - employee contributions are subject to payroll tax
D - IRS can get to assets in a qualified plan as well as a QDRO

64
Q

Which of the following is pertinent when an employee is faced with the decision to stay with the old pension formula or to switch the new cash balance plan formula?

I. retirement expectations
II Intent to begin receiving benefits
III Current value of accrued benefits
IV Possibility that needs may change

A

All four

65
Q

Which of the following characteristics apply to paired plans (“tandem plans”)?

I Generally combines a money purchase pension and a profit-sharing plan
II Actuarial assumptions required
III. Total contributions to the paired plans limited to 15% of payroll by IRC section 404
IV Employer bears investments risk

A

I only

II - DC plans don’t require actuarial assumptions
III - limited to the lesser of 100% or 58k
IV- Employee bears investment risk

66
Q

One of your clients wants to know the maximum amount that that might be allocated to her 401k account in the current year. She expects to earn 70,000. The following are possible sources of annual additions into her account, except:

A. QNECs

B. Forfeitures from departing non-vesting employees

C. Employer matching contributions

D. Section 415 Reversion

A

D

A section 415 reversion would reduce the clients account value.

67
Q

Evaluate the following statements:

I. De minimis fringe benefits are those that are so immaterial that…
II. De minimis fringe benefits are subject to strict anti-discrimination…

A

I is true, II is false

68
Q

The HIPPA impacts an employee and employer in which of the following ways?

I An employee without creditable coverage can generally only be excluded by the group health plan (if offered) for up to 12 months
II The waiting period is reduced by the amount of “creditable coverage” at a previous employer
III If the employee does not enroll in the group health plan at the first opportunity, an 18 month exclusion period may apply

A

I, II, III

69
Q

A policy which must cover all eligible dependents if the employer pays the entire premium cost best describes:

A. Group Term Life
B. Group Paid-Up Life
C. Group Ordinary Life
D. Dependents Group Life

A

D

70
Q

A policy offering no choice of a beneficiary best describes:

A. Group Term Life
B. Group Paid-Up Life
C. Group Ordinary Life
D. Group Survivor’s income insurance

A

D

Group Survivors income insurance provides for the survivor of the employee. The beneficiary designation cannot be altered

71
Q

Caf plans have which of the following characterstics?

I Must offer a choice between at least on qualified “pre-tax” benefit and one non qualified cash benefit

II Medical FSA’s can reimburse medical expenses not covered by insurance for the participant and all dependents

III Changes in election amount during the plan year can only occur with a “qualifying change in family status”

IV Salary reductions are not subject to income taxes but payroll taxes apply

A

I, II, III

72
Q

Is a discounted or free service to an employee includible in taxable income if there is a reciprocity agreement between two unrelated employers in the same line of business?

A

No

73
Q

Which of the following explain the tax ramifications of a non-qualified deferred comp plan?

I A participant in an unfunded plan will not be currently taxed if the promise of benefits is unsecured and the agreement is executed prior to the first day of service under the agreement

II If a funded plan is established by a general partnership and the benefits for general partners are fully vested, then contributions are deductible to the partnership and each partner receives a pro-rata share of the reduce partnership income

III A funded plan with a “Rabbi Trust” will not be currently taxable to the participant, even though vested in the benefits, due to the “substantial risk of forfeiture”

IV Payments to be made to a participant’s beneficiary are not included in the decedents gross estate if the payments are guaranteed

A

I and III

Statement II is incorrect because any funded plan is taxable unless a Rabbi trust is utilized.

74
Q

Which of the following statements concerning the basic characteristics of a NQDC plan is accurate?

A. the employer immediately deducts contributions made into the informal funding arrangement in any given year.

B. During their working years, employees have the same tax treatment under a NQ plan as under a qualified plan

C. Under both an unfunded plan and a formally funded plan, the only security or guarantee the employee has is the unsecured promise of the employer

D. Under both the funded plan and an informally funded plan, the IRS may likely rule that the employee is in constructive receipt of income unless there is a substantial risk of forfeiture

A

D

75
Q

Do SIMPLE IRA’s require a 20% withholding?

A

No

76
Q

Which of the following apply to distributions from an IRA?

I Distribution of AT contributions is subject to the 10% premature distribution tax penalty

II The amount in excess of 150k are included in the decedents gross estate

III Section 72 t annuity rules govern an IRA distribution that include nondeductible and deductible contributions

IV Distributions made due to the death of the owner are exempt from the premature distribution penalty tax

A

III and IV

After Tax contributions are not subject to taxation or premature distribution taxation. Distributions from IRAs which contain AT amount are governed by the annuity rules in IRC 72

All amounts in an IRA are included in a gross estate

77
Q

Which of the following statements accurately reflect the characteristics of a 457 plan?

I benefits taken as a periodic pmts are treated as OI for taxation

II. Lump-sum distributions are eligible for 5-yr and/or 10-yr forward averaging

III deferred amounts are subj to SS and Medicare taxes at the later of: performance of services or employee becomes vested in the benefits

IV Income tax withholding is not required until funds are actually received as opposed to constructively received.

V Cannot exceed the smaller of 19,500 or 100% includible comp in 2020

A

I, III, V

78
Q

Which of the following are sources of statutory law concerning qualified retirement plans?

I. IRC 
II. Labor Department 
III. U.S. Tax Court 
IV.  Private Letter Rulings 
V. ERISA
A

I and V

79
Q

According to ERISA, which of the following is/are required to be distributed annually to DB plan participants or beneficiaries?

I. Individual Benefit Statement
II. The plan’s summary annual report
III. Detailed descriptive list of investments in the plan’s fund
IV. Terminating employees benefit statement

A

II and IV

Individual benefit statements are not required every year for DB plans, but once every three years