Chapter 20- (5Qs) Retirement Plans And Educational Funding Flashcards

1
Q

Individual Retirement Arrangement (IRAs)

A
  1. Traditional IRAs
    - Max per individual is $5,500 or 100% of taxable compensation if less
    - Tax deferred
    - Deductibility is phased out
    - May not contribute after 70 1/2 (must take contributions then)
    - Alimony is considered compensation
    - May make catch up contributions of 1,000 if over 50 due to the Economic Growth and Tax Relief Reconciliation Act of 2001
  2. Roth IRAs
    - Not tax deductible
    - Withdrawals of gains are tax free if in the account for 5 years and the client is over 59.5, disabled, dead, or buying their first home
    - Contributions may be made after 70.5, no required distribution
    - Must be under 131,000 AGI to contribute if single 193 if couple
    - Ira contributions, alimony paid, self-employment tax and penalties are paid before AGI (does not include MUNI income)
    - IRA to Roth conversion is taxable, but do not have to pay 10% early withdrawal fee if done in 60 days

MyRA

  • New type of Roth IRA backed by the government
  • Contribution and income limits are same
  • Invested in US Treasuries
  • Must be rolled into private sector IRA after 30 years or 15k is save
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2
Q

Simplified Employee Pensions (SEP)

A

Qualified plan

Allows employer to contribute directly to an IRA set up for each employee

Must be 21, 3 of last 5 years worked with company and $600 in comp

May contribute 25% of employee salary or 53,000

Taxable upon withdrawal

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3
Q

Withdrawals from traditional IRAs and SEP IRAs

A

Must begin April 1 following individual turning 70 1/2

59 1/2 to withdraw without 10% penalty

Must take Required Minimum Distribution by end of calendar year or face 50% penalty

Taxed as ordinary income

No penalty if withdrawn due to: Death, disability, first time purchase of home (up to 10K), education expenses for immediate family including grand children, med expenses upto 10% AGI

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4
Q

IRA Contributions

A

May be made between January 1st and April 15th of the following year

May not make a contribution after even if you have a tax extension

Contribution above 5500 are given a 6% penalty

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5
Q

IRA investments

A

Should be relatively conservative

Cannot include: life insurance, artifacts, tax free munis, short sales of stock, speculative options (covered calls are ok), margin trades

May have real estate, but may not allow prohibited persons to use (does not include bro’s and sisters)

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6
Q

IRA Rollovers

A

Complete within 60 calendar days

May move any qualified plan into a rollover IRA

Original account location must hold 20% as a withholding tax if not a direct transfer

Must still rollover the full 100% and apply for a refund on next tax return

May rollover a plan into an inherited nonspousal plan but must be direct transfer

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7
Q

IRA Transfers

A

Moving an IRA from one custodian to another

May make unlimited transfers per year

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8
Q

Inherited IRA

A
  1. Spousal Rollover
    - May be rolled into your own IRA or be continued separately
    - May not take penalty free distributions if rolling into your own
    - If left separated then must start RMDs when deceased would have, based on your age
  2. Nonspouse Beneficiary
    - May take withdraw 100% now
    - Take it out over 5 year period
    - Establish an IRA account in deceased name FBO beneficiary and take RMDs over life
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9
Q

403 (B) Plans

A

Qualified Tax Deferred

Public Schools (must be state supported), nonprofits, zoos, museums, private hospitals

Contributions are deductible from a tax return

Typically develop into tax sheltered annuities, but can also by mutual funds

Also have guaranteed investment contracts that pay a rate slightly above bank cds

Independent contractors are not eligible

Max employer contribution is 53K or 100% of compensation

18k for employees

Must start distributions at 70.5

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10
Q

Corporate Sponsored Plans

A

ERISA regulates establishment and management of private plans

Established by a trust agreement

Include- Pension plans, profit-sharing plans, 401 K plans

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11
Q

Employee Retirement Income Security Act (ERISA)

A

Must cover employees over 21 working 1,000 hours per year

Must segregate funds from corporate assets

Employees must be entitled to benefits

Employees must be kept informed of plan benefits

Private Sector plans only

Fiduciary must take prudence in regards to the portfolio as a whole

Allowed to delegate investment responsibilities

Must take into account:
General economic conditions
Inflation/deflation
Tax
Total return from income and appreciation of capital
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12
Q

Section 404 of ERISA

A

Specific to retirement plans

May not delegate fiduciary duties but may delegate investment management

Must be as prudent as the average expert, not the average person

Transaction costs are not a determining factor for security selection

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13
Q

ERISA Investment Policy Statement

A

Strongly suggested but not mandated

Will not include specific security selection

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14
Q

Prohibited transactions by a plan fiduciary

A

Strictly prohibits any conflicts of interest

May not deal plan assets for his own account or with those parties opposing the plan

May not own employer assets totaling more than 10%

Any transactions with parties of interest in the plan (including employees)

May not loan assets to the employer even if it could affect the company

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15
Q

Safe harbor provisions (ERISA)

A

Provides safe harbor to trustee if the participant is in charge of selecting their portfolio

Must at least offer 3 investment class alternatives

Must allow employees to change their allocation at least quarterly

Make prospectuses and financial statements available

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16
Q

Summary Plan Description

A

Tells participant what the plan provides an how it operates

Defines when an employee can participate, how benefits are calculated

Does not deal with investment characteristics of the plan

Must be delivered free of charge

17
Q

Defined Contribution vs Defined Benefit Plans

A

All qualified retirement plans fall into one of two categories

Defined Contribution- No specific end result, but tax deductible contributions

401k, profit share… max contribution 53k (no more than 25% reduction in employee pay), plan participant assumes risk

Defined Benefit- Specific retirement benefit but no specific level of contribution

Company assumes risk, takes into account years of service and last 5 years of service salary

Not affected by sex of employee unlike life insurance and annuities

Mandatory contributions, 100% deductible to the corporation

18
Q

Type of defined contribution plans

A
  1. Profit Sharing plan
    - Participate in profits of business
    - No predetermined contribution plan needed
    - Company’s can skip contributions in years of poor performance
  2. 401 K plan
    - Employee directed deduction of pay
    - Still pay full FICA taxes
    - Max deferral of 18,000 (catch up of 6) for employees
    - Max combined annual contribution is 53,000 or 59 with catch up
    - May make hardship withdrawals but may have to pay 10% early withdraw fee
    - May take a loan of 50% of value or 50k whichever is smaller, not taxed, paid back in 5 years
  3. Roth 401ks
    - Employer contribution is into a regular 401k
    - no income limitation on participation
  4. Solo 401ks
    - No other employees allowed outside of spouse and business owner
19
Q

Safe Harbor 401 K plan

A

To avoid having to undergo annual top-heavy testing company’s can:

  1. Match employee contributions
  2. Use a non elective formula to give all employees a contribution
20
Q

Net Unrealized Appreciation

A

Employees are able to defer appreciation of company stock upon a distribution to a brokerage account

If taking a lump sum as result of a trigger event in past year

Triggering events include:

  • Separation from service
  • reaching age 59.5 or
  • Death
21
Q

Section 457 Plans

A

Deferred compensation plan for employees of a state or certain tax-exempt organization (not churches)

Exempt from ERISA

  • Not required to follow
  • Not required to follow nondiscrimination rules
  • Tax-exempt organizations can only cover highly compensated employees
  • Tax-exempt employees may not roll into an IRA but can withdraw at anytime
  • May make max contributions to both 403b and 457 (18,000 a piece)
22
Q

SIMPLE Plans

Savings Incentive Mathc Plans for Employees

A

100 or fewer employees earning over 5k during calendar year

May not have other retirement plan

12,500 contribution max 3k add on

2% nonelective employer contribution

23
Q

Qualified Plan Distributions vs IRAs/SEPs

A

IRA Seps
-Treating as single account in regards in RMDs

Qualified Plans

  • Treated as separate from one plan to another
  • Taxed on withdrawals for first time home purchases
  • No required distribution if still employed by plan sponsor

Both
-May make equal payments over course of life and avoid IRA 10% penalty (may not transfer or rollover after starting)

24
Q

Rollovers

A

May only make one rollover per 365 days

Trustee to trustee are not limited

Conversions from traditional to roth IRAs are not limited

25
Q

Nonqualified corporate retirement plans

A

Does not have to meet non-discrimination rules

Not tax deductible for employers on contributions, rather it is based on when it is paid out

If done correctly, the employee is not taxed on contributions

2 types: payroll deduction plans and deferred compensation plans

26
Q

Payroll deduction Plans

A

Deducted AFTER taxes are paid and invested

27
Q

Deferred Compensation Plans

A

Defer payment until retirement

Contract between employer and employee

May include:

  • Circumstances where benefit is forfeited
  • No claim until retirement, death or disability
  • May be void upon bankruptcy

Company directors may not participate

28
Q

Coverdell Education Savings Accounts

A

2000 per beneficiary contribution limit

All cash on or before 18th birthday of beneficiary (unless special)

Earnings portion is not taxed if used for qualified EDU expense

10% penalty on top of regular taxes if not used for education

95k or 190k AGI is when contribution is phased out

Can contribute until April 15th of new year

May use for EDU expenses before college

29
Q

Section 529 plans

A

2 types

  1. Prepaid Tuition Plans
    - Usually have to be resident of state
    - Pay tuition at today’s rate
    - May or may not be able to use for other expenses
  2. College Savings Plans
    - Popular to do an age based portfolio for college expenses
    - Any college, university regardless of state
    - subject to market risk
    - open to adults and children

Money not used for college expenses is hit with 10% penalty

May rollover to other immediate family members if within 60 days of distribution including first cousins

Earnings is taxable to recipient of said earnings

One rollover per 12 months

May be opened by anyone for anybody

May contribute 70,000 a year without gift tax (140 if married), may also take back money

May not use US Savings bonds

30
Q

Custodial Accounts

A

Custodian enters all trades for the account and has full control but is not usually used to pay for child raising expenses

Require adult trustee

May gift as much as wanted

UTMA expanded the options available to be transferred to the account (real estate, intangible property), UGMA is smaller scale version

UTMA custodians may delay transfer of assets until 21 or 25 depending on state

31
Q

UGMA/UTMA Account

A

Need Custodian Name, Minor Name and Social, and the state

Cash Account only

Options may not be bought s but covered call writing is allowed usually

Custodian may charge a reasonable expense

DONOR MAY NOT TAKE BACK THE GIFT

Minor can be beneficiary of more than one account

Minor has right to sue

Securities may not be solely in minors name

Donor or court of law appoints new custodians in case of death

Child pays taxes on account if income is in excess of 2,100 at parents tax rate until reaching 19 or 24 if full time student

32
Q

Health Savings Account

A

May deduct HSA contributions

Portable even if you leave employer

Must be covered by high deductible health plan on first day of month

Cannot be enrolled in medicate

Cannot be claimed as a dependent

Must open separate HSA from spouse

Employee and Employer may contribute but must be in cash for both

33
Q

Unit Test 4

A
C
D -1 
A -1
D
D -1
C 
B
C
A
B
D
D -1 
C -1
C
C
B
D
C
A -1
C