Misc. Flashcards
Roth Qualifying Distribution (no tax/penalty)
- *must satisfy 5 Yr. Holding Period for any qualifying dist- starts Jan 1 for first tax year contribution was made (can make prior year contribution and that counts)
- Plus trigger: 59 ½, disabled, death, 1st time home purchase
All outside Roths have same holding period. Roth 401ks have their own holding period
Roth IRA Non Qualifying Distribution (taxes)- best out first (basis, conversions then earnings) ( you don’t really pay tax on the basis or conversions since you already paid tax on them)
Roth 401K Non Qualifying Distribution (taxes) - pro -rata based on
Roth IRA Qualifying Distribution Triggers
Simples
- employees are eligible to participate if they earned at least $5,000 in the preceding year form the employer and is expected to earn $5,000 in the current year
- no age requirement
IRS example deferral vs. covered comp limit
SImple IRA
Subject to early withdrawl penalties of 25% (rather than 10%) if withdrawal is within the first two years of the employee’s participation in the plan
Distributions Prior to 59 ½
- you cannot use your IRA for a loan but you CAN liquidate 10,000 of it and distribute it penalty free for first time home purchase
non - qual. distr. from Roth IRA
Qualified Roth IRA Dist. - distribution is made after a 5 year taxable period (contribution made at beginning of that year) AND age 59.5, death, disability or first time home purchase (max 10K)
Roth Non-Qualfi. Dist. Ex
Earnings can be withdrawn tax-free if you are at least age 59 1/2 and you’ve had your Roth for five years or more. Withdrawals of earnings are also tax-free if you are disabled, you inherited the Roth, or you use the distribution to buy or rebuild a first home.
First home = tax and penalty free from Roth
True/False. Must have earned income to contribute to a Traditional or Roth IRA
True. Non-working spouse can use earned income of other spouse to qualify.
Deductibility of IRAs can be limited if the Taxpayer is an active participant in an employer sponsored plan.
True/False: RAs, SEPs, SIMPLEs and 403(b) Plans are not qualified plans.
True.
Active Participant
Active Participant Status
- Limits deductibility of Traditional IRA contributions.
- Individual is considered an active participant:
- Defined Benefit Plan
- Participates or meets the eligibility requirements of the plan.
- Defined Contribution Plan, SEP, Simple, 403b
- Receives a contribution to the qualified plan on his behalf for the year (including forfeitures), or
- Defers compensation to a CODA plan.
- Defined Benefit Plan
*Remember, being an active participant will limit deductibility on outside IRAs
Calculation of IRA Deduction
Fred is single, age 38, and an active participant in his employer’s qualified retirement plan. His AGI for 2022 is $70,000, and he makes the maximum contribution to his traditional IRA. What is Fred’s deductible IRA contribution?
Reduction = Contribution Limit x [(AGI - Lower Limit) ÷ Phaseout Range*]
Reduction = $6,000 x [($70,000 - $68,000) ÷ $10,000] = $1,200
Deduction = $6,000 - $1,200 = $4,800
*Phaseout Range is the difference between the upper and lower limits of the phaseout. $78,000 - $68,000 = 10,000
IRA Deductiubiilty
Rob, age 32 and Sara, age 31 are married and are active participants. They file a joint return and have AGI of $110,000 for 2022. Both Rob and Sara make the maximum contribution to their respective traditional IRAs in 2022. What is their deductible IRA contribution?
Reduction = Contribution Limit x [(AGI - Lower Limit) ÷ Phaseout Range]
Reduction = $6,000 x [($110,000 - $109,000) ÷ $20,000] = $300
Deduction = $6,000 - $300 = $5,700 Each!!!
*Phaseout range for MFJ is $109,000 - $129,000 = 20,000
Phaseout Tip: AGI Phaseout for MFJ is $109 - $129k for 2022.
TRue/False. Owner may continue to fund Roth after attaining age 72, assuming they have earned income.
True
403(b) Plans - Tax Sheltered Annuities
403(b) or Tax Sheltered Annuities are retirement plans for the following:
- Public schools or educational organizations, and
- Tax-exempt Organizations under IRC Section 501(c)(3).
- Also, certain self-employed and other ministers.
Tip: 403(b) plans are commonly referred to as “401(k)s for schools and tax-exempt organizations,” although there are many differences.
403B very similar to 401k plans (because they are considered a CODA plan - listed under same 415 limits)
Tip: Investment choices that are available in a 403b are limited!
457 Plans
Section 457 of the Internal Revenue Code allows employees of state and local governments and employees of tax-exempt nongovernmental entities to save tax-deferred compensation for retirement.
457 plans work in many ways like 401(k)s and 403(b)s. Employees contribute a portion of their salary through a payroll reduction.
The annual amount that an employee may contribute is limited (except for ineligible 457(f) plans explained below), and employee elective deferral contributions are not includible in an employee’s gross income in the year earned but are deferred until paid out or made available to the employee.
457 plans are not “qualified plans” and, thus, are not subject to many of the eligibility standards of the Internal Revenue Code, including such requirements as nondiscrimination, minimum participation, and funding and vesting standards.
A 457 plan is a “nonqualified” deferred compensation plan.
If you have multiple CODAs (401k and 403b) you will be limited to the $20,500 (elective deferrral) contribution limit across both plans
There is a shared CODA or Section 415 limit. Another example or a CODA is a profit sharing plan
Any plan that allows a participant to make a cash or deferred election has a CODA. Only a profit-sharing, stock bonus, pre-ERISA money purchase pension plan or a rural cooperative plan may contain a CODA.
Employee Fringe Benefits
Taxation of Fringe Benefits
The value of a fringe benefit provision is:
- Taxable as wages to the employee.
- Unless specifically excepted by the code.
- A tax deduction is available for the employer.
- Unless specifically excepted by the code.
Nondiscrimination
- The provision of fringe benefits is on a nondiscriminatory basis:
- Most fringe benefits (but not all) require nondiscriminatory allocation to reap exclusion from employee’s taxable income.
- The employer cannot discriminate in favor of highly compensated employees.
- Exclusions are lost if the fringe benefit is provided on a discriminatory basis.
Examples of Fringe Benefits
Meals
Meals provided to an employee for the benefit of the employer.
The value of the meal is excludable from the employee’s gross income if the meals are furnished:
- For the convenience of the employer, and
- On the employer’s business premises.
Under TCJA, employers may only be allowed to deduct 50% of these meals. As an alternative, the employer may include the meal as income and still receive 100% of the deduction.
Advantages to Group Benefits
- Lower rates than individuals alone,
- Better coverage than individual policies,
- The employer can deduct costs,
- The employee excludes the value from taxable income.
COBRA Provisions
- Requires an employer that maintains a group health plan to continue to provide coverage under the plan to covered employees and qualified beneficiaries.
- The employer can pay the premiums or require the employee to pay the premiums.
- Required by an employer who (1) has a plan AND (2) has 20 or more full time employees in a calendar year. Part time employees meeting the 1000 hour status count as half time for purposes of COBRA qualification.
- Employee or dependent may pay up to the full group premium plus 2% administrative charge.
- insurance policy, or only a high coverage insurance policy.
60 days
Q8: How long do I have to elect COBRA coverage? If you are entitled to elect COBRA coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.
Group Disability Insurance
- Provides periodic payments for an employee who is unable to work due to sickness or accidental injury.
- Group disability insurance may be short or long term coverage.
-
The employer paid premiums are deductible to employer, and excluded from the employee’s gross income.
-
Benefits are taxable to employee:
- Many choose to forego the exclusion of the premiums from their taxable income in order for benefits to be nontaxable.
-
Benefits are taxable to employee:
Cafeteria Plan
Cafeteria Plan
A written plan that allows employees to receive cash (as compensation) or defer receipt of the cash to purchase various tax-free fringe benefits.
Cafeteria plans are deductible expenses for the employer.
The value of fringe benefits purchased are excluded from employee’s taxable income, and are not subject to payroll taxes.
Cash received by the employee is taxable income and is subject to payroll taxes.
A cafeteria plan must be nondiscriminatory.
- FSAs are a type of cafeteria plan.
- Employees can defer cash into the flexible spending account.
- Deferred amounts are not subject to income tax or payroll tax.
Flexible Spending Accounts (FSAs)
- FSAs are a type of cafeteria plan.
- Employees can defer cash into the flexible spending account.
- Deferred amounts are not subject to income tax or payroll tax.
- Funds may be used towards the cost of certain employee selected benefits.
- After-tax employee expenditures become pretax employee expenditures.
- Unused funds above the annual carry over are forfeited.
- 2022 carry over amount is $570.
- Consolidated Appropriations Act 2021 allow participants in health care or dependent care FSAs to carry over unused balances from a plan year ending in:
- 2020 to a plan year ending in 2021, and
- 2021 to a plan year ending in 2022.
- An employer could choose to provide either, or neither, of these carryover extensions.