Retirement Flashcards

(192 cards)

1
Q

What is the safe harbor test?

A

70% or more of the non highly compensated, eligible employees are covered by the plan

covered employees/total NHC eligible employees

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2
Q

What is the ratio test for qualified plans?

A

% of NHC covered / % of HC covered

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3
Q

What is the average benefits test for qualified plans?

A

AB % of NHC covered / AB % of HC covered must be greater than 70%

And non discriminatory test

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4
Q

What is the ADP Test?

A

Actual deferral percentage test

Limits the employee elective deferrals for HC based on the elective deferrals of the NHC

Looks at both traditional and Roth contributions

Ex: If NHC defers 2%, highly can go up to 4%

If NHC defers 3%, highly can go up to 5%

If NHC defers 8%, highly can go up to 10%

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5
Q

What is the 50/40 test?

A

The plan must cover at least 50 employees, or 40% of employees - whichever is less

For defined benefit plans only

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6
Q

What is the ACP test?

A

Actual contribution percentage

Uses the same scale as ADP test

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7
Q

What are features of a safe harbor 401k?

A

Not required to pass ADP and ACP

Employer must provide either:
- 3% nonelective contribution to all edible employees -OR-
- A matching contribution
–100% up to 3% and 50% from 3%-5%
–OR- a flat 4% match on contributions

Employer contributions are always 100% vested

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8
Q

Requirements to contribute to an IRA:

A
  • Must have earned income

Note that a non-working spouse can have their spouse contribute

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9
Q

When is an IRA deductible?

A

Limited deductibility when the taxpayer is an active participant

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10
Q

What is an active participant in a employer sponsored plan?

A

If it’s a defined benefit plan, the participant is active if they meet the eligibility requirement of the plan

If it’s a defined contribution plan, the participant is active if they:
- Receive a contribution to the qualified plan (Including forfeitures of non vested)
- Defers comp to a CODA plan (401k)

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11
Q

What IRA contribution is deductible for someone who is NOT and active participant in a plan, but their spouse is an active participant?

A
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12
Q

What is the formula for calculating IRA deductibility when taxpayer is in the phaseout?

A

For single:
((Top of phaseout range - AGI)/10) * 6,000

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13
Q

What are the Roth IRA phaseouts?

A

Based on AGI

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14
Q

What are exceptions to the 10% early withdrawal penalty?

A
  • Turning 59.5
  • death
  • disability
  • Substantially equal periodic payments
  • Medical expenses over 7.5% of AGI
  • Higher education
  • IRS Levy
  • First time home purchase up to $10k
  • payment of health insurance premiums during unemployment
  • certain distributions to reservists called to active duty.
  • Birth or legal distribution
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15
Q

What is a leveraged ESOP?

A

Typically it’s used as an owner exit strategy

The company can’t afford to buy out the owner so the company gets a loan from the bank

Subject to max 25% deduction

  1. bank loans fund the ESOP trust
  2. ESOP buys stock from existing stockholders
  3. Company distributes annually (tax deductible) to the ESOP trust, the ESOP trust repays the bank both principal and interest
  4. Employees receive distributions of the company stock when they retire

ESOP distributions in stocks are NUA

Employees in an ESOP may demand 25% of balance is diversified

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16
Q

Can life insurance be part of qualified plans?

A

Yes, if:

  • it must not be the primary focus of the plan
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17
Q

What is the 25% test for insurance in qualified plans?

A

For defined contribution plans

For term and universal life: The aggregate life insurance policy premiums cannot exceed 25% of the employer’s aggregate contribution

For whole life: can’t exceed 50%

The entire life insurance policy must be converted to cash or an annuity at or before the participants retirement.

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18
Q

What is the 100 to 1 ratio test for including life insurance in a defined benefit plan?

A

The DB can’t be more than 100 times the monthly accrued benefit in the plan

If your defined benefit is $100 per month, you can only have $100,000 DB

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19
Q

What is a 412(e) plan?

A

Used to be 412 (i)

Specific type of defined benefit plan that is entirely funded by life insurance

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20
Q

What is 10 year forwarding average?

A
  • only available to participants born prior to Jan 1 1936
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21
Q

How is company stock in a qualified plan taxed at distribution?

A

Initial company contribution (basis) taxed as OI

Gain taxed capital gains rates

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22
Q

What are the loan maxes on qualified plans?

A

lesser of $50k or 50% of the vested account balance

If the vested balance is between $10k to $20k, you can take $10k

If the vested balance is below $10k, you can take it all.

If you’d taken out another loan in the prior 12 months, the max loan amount is reduced by that first loan as well

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23
Q

How long do you have to repay a qualified plan loan?

A

Up to five years

Up to 30 years if for a residence

Should have substantially level amortization of the loan over the required term

Payments must be made at least quarterly

Loan becomes due if terminated. (Can sometimes roll loan into IRA and take 60 days to pay it back)

Failure to pay is treated like a distribution

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24
Q

What are 72(t) distributions?

A

Electing for early distributions from a qualified account that are made at substantially equal periodic payments

Must be made at least annually

Must be made for the longer of 5 years or the number of years until you reach 59.5. (So if 50, 9.5 years)

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25
When must the first RMD be made?
By April 1 of the year following the year the participant turns 72 UNLESS they are still employed by the plan sponsor - in this case they can delay the first RMD until April 1 of the year after the participant terminates employment ---- This exception is not allowed if they own more than 5% of the company, it's a SIMPLE or a SEP
26
How is RMD calculated?
FMV of participants account at Dec 31 of the preceding / Distribution period determined based on the participants age at 12/31 of the distribution year
27
How are distributions treated if the IRA owner dies?
If you inherit an IRA, and you're not a spouse, you take the RMDs based on your life expectancy. They start in the year following death If you inherit an inherited IRA, you have the 10 year rule. Ex, spouse gets spouses IRA then dies and the inh IRA goes to their kid.. If no beneficiary, 5 years
28
When can insurance be included in a qualified retirement plan?
Only life insurance may be included in a qualified retirement plan - no accident, severance, or health benefits may be offered under the incidental benefit rules. To qualify under the incidental benefit rules, the entire premium for universal life cannot exceed 25% of the employer's aggregate contributions, and 50% for whole life insurance.
29
What is a new comparability plan?
Type of profit sharing plan
30
What is the contribution rate formula?
31
What is a SERP?
SERP supplements the pension plan without regard to limits imposed upon salary levels (i.e., maximum salary of $305,000 in 2022) or the maximum funding levels of Section 415.
32
Which plans are pension plans and which are profit sharing plans?
33
What are characteristics of Defined Benefit Pension Plans?
INclude DB Pension Plans Include Cash Balance Pension plans -
34
What are types of Profit Sharing Plans?
Profit Sharing Plans are always Defined Contribution Stock Bonus ESOPs 401(k) Thrift Plans New Comparability plans Age Based profit sharing plans
35
When does a plan document need to be in writing?
end of tax year
36
What is eligiibility for qualified plans?
Age 21 One year of service (1000 hours worked) EXCEPTION - can make it 2 years of service IF they are then 100% vested. Can't do this with a 401k
37
What are 401k participation rules for long term PT employees?
401k must allow LT PT employees participation if at least 500 hours for at least 3 years. Starts Dec 31 2020 --- so eligible in 2024
38
How many plan entrance dates are required?
Twice a year, at least 6 months apart
39
Who is excludible from a plan?
Under 21 less than 1 year of work nonresident alien employees who are not in the US Part time employees that don't meet the 500/3 year rule You can exclude a whole group as long as it's not discriminartoy. Ex: Sales team
40
Who is considered highly compensated?
>5% owner this year OR last year. ALWAYS. Note GREATER THAN but not equal to 5% Compensation > $135k You can also elect to consider the top 20% as highly comped. THis would be useful if most employees made over $135k
41
What are the minimum vesting schedules?
DC: -- 3 year cliff -- 2-6 year graduated DB: -- 5 year cliff -- 3-7 year graduated
42
Who are key employees?
>5% >1% AND compensation over $150k An officer with comp over $200k
43
When is a plan top heavy?
DC - when over 60% of account balance is attributable to key employees DB - >60% of accrued benefits attributable to key employees
44
What do you do if you have a top heavy DC plan?
Non-key employees must be provided with a contribution equal to at least 3% of key employee contribution (unless key employee contribution is less than 3%) DB- 2% DC- 3%
45
What do you do if you have a top heavy DB plan?
Non key employees must be provided with a benefit equal to 2% per year of service times employee average annual comp The vesting schedule must increase to 2-6 year graduated or 3 year cliff
46
What is the max covered comp for retirement plan purposes??
$305k So if an employee makes $400k, only $305k is counted toward the 25% employer contribution
47
What is the max annual benefit of a defined benefit plan?
lesser of $245k (2022) or 100% of the average of the employees three highest years of salary
48
What is the max contribution in a DC plan?
$61k or 100% emoployer compensation Employee can only contribute $20,500 + $6,500) You can have $61k in multiple plans IF they are not the same owner. In this case, your employee deferral limit is still $20.5k across all plans
49
What are the 2 types of DC pension plans?
Money Purchase Target Benefit
50
What are 2 types of DB pension plans?
Defined benefit pension plan Cash balance pension plans
51
What is a target benefit pension plan?
Type of DC pension plan Better for older employees Trying to get a specific benefit so the older the employee the more you need to put in favors older entrants Participant bears risk -- you only get based on how the investments perform! Actuary is required at inception
52
What is a cash balance pension plan?
Cross between DB and DC because it relies on the cash accumulation Uses a 3 year cliff or better Requires an actuary every year DB Pension plan Mandatory funding Favors younger people bc cash has more time to accumulate Quasi separate account Pension benefit based on an annual gaurenteed contribution rate and gaurenteed earnings Guaranteed minimum investment return
53
Which plans require an actuary?
Defined benefit Cash Balance target benefit
54
What is social security integration?
Excess: People who earn more than the social security wage base will get additional money added to their pension - DB and DC plans Offset: reduces the benefit to employees who earn less than the social security wage base - DB plans
55
What are characteristics of the DB pension plan?
Mandatory funding pension benefit based on defined funding formula - flat amount - flat percent formula - unit credit formula Commingeled accounts Favors older plan entrants Must meet eligibility/coverage/vesting rules
56
What are money purchase pension plans?
DC pension plan Mandatory annual funding of a fixed percentage of total employer covered - up to 25% Participant bears investment risk Seperate account Favors younger plan entrants
57
When does PBGC help?
For DB plans only Employer must have more than 25 employees
58
What is a contributory plan?
EmployEE money goes in
59
What are requirements for profit sharing plans?
- Contributions must be made by due date of income tax return - No company profit required - Contributions are discretionary but must be "Substantial and recurring" - limited to 25% of total employer covered comp - limited to the lesser of 100% of comp or $61k for 2022 per employee per year
60
What is a new comparability plan?
Allows for segmentation based on roles.
61
What happens if you fail the ADP test?
corrective distribution (less likely) recatagorize the over contribution from prre-tax to after tax (via thrift not Roth) QNEC - Qualified Non Elective Contributions. Employer makes contribution to all eligible non-highly. 100% vested QMC - Qualified matching contribution Employer elects to match to all eligible employees that defer 100% vested
62
What testing does a safe harbor plan need?
just coverage testing, no ADP or ACP
63
What is a CODA?
401k can be attached to it CODA are employee self-reliance plans
64
What is a stock bonus plan?
Big difference is about deduction and distributions - Tax deduction is the FMV of the stock at the date of the distribution - Employee uses NUA -Defined contribution profit sharing -Employee puts stock into the plan -Contributions are discretionary but must be substantial and recurring -Allocations to the plan must be nondiscriminatroy -Tax deduction for the FMV of the stock
65
What is a NUA?
Net Unrealized Appreciation Only usable on a lump sum distribution. NUA is equal to the FMV at date of distribution MINUS the value of the stock when the employer contributed it Not taxed on NUA until stock is later sold In the year of distribution, NUA gets LTCG, employer contributions (whatever they gave you) are taxed OI
66
What happens in a loss NUA?
Ex: Employer contributes $25k in stock, when you sell it it's only worth $20k $5k loss
67
What is the diversification requirement for ESOP plans?
25% for the first 5 years 50% of sixth and final year Can be satisfied with distribution, transfer to another plan, or by offering 3+ alternative investments Employee money can ALWAYS be diversified
68
Options for taking qualified plan money after termination before retirement age?
- lump sum distribution - Rollover plan assets to IRA or other qualified plan - Leave assets in plan (value must be over $5k)
69
What are options for taking qualified plan money after termination AT retirement age?
Lump sum distribution Rollover to IRA or other plan Qualified join survivor annuity or single life annuity
70
How are qualified plan distributions taxed?
Typically ordinary income! If adjusted basis, the basis is tax free (thrift or annuity) If NUA, LTCG If QDRO, taxed later
71
If you rollover to an IRA you lose..
ERISA protection 10-year forward averaging NUA options Pre-1974 cap gain treatment
72
What happens when you do an indirect rollover?
Mandatory 20% withholding! IF you put money back in, you have to front the 20% and wait for your refund
73
Rules for paying back a loan from a qualified plan?
Back in 5 years Mortgage loan can be 30 Termination cause loan to be due Must make periodic payments at least quarterly if you fail to repay it, taxable and penalty
74
Who is an eligible designated beneficiary?
Surviving spouse child of IRA owner who has not reached age of majority - Once they are AOM they are changed to designated bene Someone disabled or chronically ill Someone who is not more than 10 years younger than the employee
75
What are the designated beneficiary distribution rules?
Balance must be paid in 10 years
76
What are the eligible designated bene distribution rules?
May be distributed over the life of the eligible bene beginning the year following death Spouse can roll into their IRA
77
What are the non-designated bene rules?
Follows pre-secure act rules If the original owner was taking RMDs - use owners age as of birthday in the year of death. Reduce by 1 for each subsequent year Can take owners RMD for year of death If the original owner was pre RMD Take entire balance by end of 5th year
78
What is earned income?
W2 income Schedule C net income Income as a general partner Alimony for Pre 2019 divorce
79
When are you an active plan participant?
If anything goes in QNEC, safe harbor, etc Any money but earnings
80
What are the rules around QUALIFIED vs NON QUALIFIED Roth IRA distributions?
It must meet the 5 year rule Qualified Distribution must be - 59.5 - death - disability - first time home buyer Always comes out 1. contributions 2. conversions (5 year clock starts with conversion date) 3. earnings What about non-qualified distribution? (see chart)
81
What are differences between Roth 401k and Roth IRA
Roth 401k - prorata taxed rather than FIFO Holding period for roth IRAs are combined, for Roth 401ks are individual
82
What are non permitted investments for IRAs/SEPs/Simples?
Life insurance collectibles coins (except for US eagles)
83
What are features of a SEP?
A retirement plan for small businesses Tax deferred growth NOT a qualified plan Unique Contribution, vesting, and distribution rules No catch up provision! Limited to 25% of employee comp or $61k (versus profit sharing which is 100% or $61k $305k covered comp limit
84
Who is eligible for the SEP?
Benefits must be provided to all employees that - are at least 21 - received comp of at least $650 during the year - Performance of services 3-5 years So it's good for when you have employees that don't work more than 3 years. High Turnover
85
Who funds a SEP?
Employer Contributions are discretionary Must be made to ALL employees even if dead or no longer employed
86
What is the self employed contribution rate?
Contribution rate to other participants / 1+contribution rate to other partcipants This is for people who are not getting w2 income Exl: .20/1+.20
87
What are SEP vesting and distribution rules?
Employees are 100% vested at all times Withdrawals get the same treatment as IRAs - ordinary income - 10% penalty when necessary
88
How do you calculate social security witholdings?
Multiple income by .9235 Multiple again by 7.65 (half of social security)
89
Who can establish a SIMPLE?
Small ermployer who has 100 or fewer employee who each earned at least $5k in the proceeding year Employer can't already have a qualified plan
90
How do you establish a SIMPLE?
5304 SIMPLE or 5305 SIMPLE Provide participants a 60 day period to elect deferral
91
Who is eligible for a SIMPLE? What is vesting?
earned $5k in any 2 preceding years and expected to earn $5k in the current year Always 100% vested
92
What is max deferral on a SIMPLE?
$14k + $3k catchup for age 50+
93
What must an employer put into a SIMPLE?
EITHER 1. matching contribution up to 3% -- this can be reduced for up to 2 years in a 5 year period if financial hardship --The match doesn't have a covered comp max --In a 401k, the SIMPLE does have a covered comp max of $305k 2. 2% non-elective employer contributions. 2% of covered comp for EACH eligible employee
94
How are SIMPLE distributions treated?
Ordinary income May be rolled into a qualified plan or IRA May be subject to withdrawal penalties which are 25% rather than 10% if completed in the first 2 years
95
Who are 403 bs for?
Public schools Educational organizations Tax exempt organizations
96
When does ERISA apply to a 403b?
If there is an employer contribution Erisa does not apply if it's a government or church 403b
97
What happens when your plan is covered under ERISA?
PLan must meet nondiscrimination test matching contributions must satisfy ACP test In 403bs, distributions options must include prertiremen annuities and qualified joint and survivor (doesn't apply to 401k)
98
Who is eligible for 401ks and 403bs?
21 1 year of service
99
What is the 15 year catch up contribution?
For 403b plans MUST BE A HER - Health - Education - Religious Permits up to an additional $15k, (max $3k per year) - Must have completed 15 years of service - Must have unused deferrals
100
What can fund a 403b?
Insurance Annuity Contracts Mutual Funds NOT STOCK DIRECTLY
101
What are 457 plans?
NON qualified Not a combined limit with 401k and other plans!! $20500 max + catch up Public and private options - Public is for Gov - private is for 501(c) companies -Public is protected by trust -Private is not protected No catchups with private 457s! Private can't rollover because it's not protected!
102
What is the 457 plan special catch up?
Three years prior to normal retirement age, the employee can defer an additional $20,500 Available for public and private 457 Limited to unused deferrals Can't combine this with the 50+ catchup
103
What are features of a deferred comp plan?
Not qualified can discriminate No employer deduction until employee includes income Taxable at constructive receipt
104
What is code section 83?
For deferred comp plans You are taxed based on whatever the employer gave you. Ex: Employer gives $10 worth of stock, you owe taxes on $10 -- ORDINARY If you get $10 of stock, but you paid $3 for it, taxed on $7
105
What is a secular trust?
Used in a deferred comp plan
106
What is a rabbi trust?
Used in deferred comp plans SOMETIMES funded Irrevocable trust Not taxed when money is put in Retirement payments subject to OI Funds are set aside for the executive. Not available to employer -- UNLESS bankruptcy and general creditors - Can't be held off shore - springing irrevocability possible in change of ownership (but not bankruptcy)
107
What can and cannot be included in a VEBA?
CAN - job training - life, sickness, and accident benefits - severance and supplemental unemployment CAN'T - Retirement benefits - Commuter benefits
108
What is a phantom stock plan?
You get fictional stock. Nothing is issued. The employer could 'give' you the full value of the stock, or partial value and you pay the difference. You're taxed ordinary income
109
What are incentive stock options?
The right to buy at a specified price within a specified time. Special tax advantaged treatment-- if you do it right you're only paying LTCG Owner of stock options are not obligated to buy the stock Only grantable to employees The aggregate FMV of an ISO grant must not exceed $100k per year per executive
110
What is the max ISO allowed per executive per year?
$100k If you exercise more than $100k, then anything in excess is treated like a NQSO
111
How are ISOs taxed?
No tax obligation when stock is granted, unless FMV is greater than exercise price No tax obligation at exercise (except AMT!) ISO is not subject to payroll tax, If ISOs are held 2 years from grant and 1 year after exercise to be taxed at LTCG If you don't hit the minimum 1 year/2 year, you must recognize what the employer gave you as OI, the rest is typical Cap Gain treatment "What employee gave you" is equal to FMV at grant minus what you paid Note: AMT Adjustment with ISOs!!
112
What is a cashless exercise?
In an ISO you sell when you exercise OI on what employee gave you No gain or loss so nothing else to worry about NO AMT
113
How are non qualified stock options taxed?
Non-qualified stock options are taxed on the “bargain element” (difference between the market price and the strike price) as ordinary income when exercised. (Market Price – strike price) × Number of Shares × Tax Rate = Tax NQSO is subject to payroll tax Employer gets the deduction matching your OI Ex: Strike price $3, exercise price $10, sold LT @ $25 ---$7 ordinary income ---$15 LTCG
114
What happens when gifting an ISO and NQSO?
ISOs can't be gifted NQSO can be gifted only when employer allows it -- Employee always recognizes the income, not the person receiving the gift -- Giftee has basis equal to exercise price (because donee already paid)
115
What are stock appreciation rights?
Grant the holder cash in an amount equal to the excess of the FMV of the stock over the exercise price
116
What is the 83 b election?
You are requesting to be taxed when you are granted to stock This wouldn't make sense for someone who is not going to meet vesting requirements Must elect within 30 days of receiving the stock Write a letter to the IRS
117
What are ESPPs?
employees purchase stock at a discount and might receive favorable tax treatment Discount can't be less than 85% of stock price - so 15% discount max. Exercise at the lesser of grant price or exercise price $25k limit on ESPP - $25k worth of shares (so you pay less because you're getting a discount)
118
How are ESPPs taxed?
If held 2 years from grant, 1 year from exercise, the discount is taxed at ordinary income If you don't hold it for 2/1 years, taxed at ordinary income + social security/payroll
119
What is a VEBA?
Voluntary Employee Beneficiary Association When a company wants to put some money aside for future employee benefits. Employer is allowed to deduct what they contribute to the VEBA. Tax exempt moving forward so earnings on these contributions grow tax free employee does not recognize any income
120
What are types of alternative retirement?
Lean FIRE Barista FIRE Fat FIRE
121
What are the main components and differences between pension plans and profit sharing plans?
122
What are the main components and differences between defined benefit and defined contribution plans?
123
How do qualified plans effect payroll taxes?
The employer gets to avoid payroll tax on their contributions Employee still pays the payroll tax
124
What is anti alienation?
ERISA protection that prohibits any action that would cause the plan assets to be assigned, garnished, levied, or subject to bankruptcy.
125
What is a coverage test?
Determines who at the company is eligible for coverage from a plan can exclude: - ineligible employees (21 and 1 year) - union/collective bargain agreement - non resident alien employees - part time employees who don't meet eligibility under the secure act
126
On exam questions that mention top heavy...
always use the 2% or 3% top heavy formula! Ignore whatever formula they give you, unless it is greater than the top heavy result.
127
On exam questions that mention top heavy...
always use the 2% or 3% top heavy formula! Ignore whatever formula they give you, unless it is greater than the top heavy result.
128
What is a contributory plan?
The employEE contributes Non-contributory means that the employEE never contributes
129
What is the diversification requirement?
A qualified participant may force investment diversification during the qualified election period Qualified participant is age 55 with 10+ years of participation The qualified election period is the 6 plan years beginning after becoming a qualified participant during these 6 years they - can diversify 25% of stock in years 1-5 - can diversify 50% of stock in year 6
130
What are possible distributions for a qualified pension plan?
If after age 59.5, can take in service withdrawals Death Disability Termination of service before retirement age: - Lump sum - rollover to IRA or other qualifies plan - leave assets in plan (if >$5k) Termination at normal retirement age: - Annuity - joint or single life - lump sum distribution - rollover
131
If a participant chooses a 72t, how are the periodic payments calculated?
1. RMD table 2. Fixed amortization - use interest rate 3. fixed annuitization method - use annuity factor and mortality table
132
IRA Distribution Rules?
10% penalty unless: 59.5 Death Disability 72t MED EXPENSES $5k for birth or legal adoption Fed tax levey
133
What are differences between ROTH 401k and Roth IRAs?
133
What are differences between ROTH 401k and Roth IRAs?
134
What happens when you roll a qualified plan into an IRA?
Lose lump sum tax options (10-year forwarding average, pre - 1974 cap gains treatment, NUA) Loans aren't premitted lose ERISA
135
Can ESOPs have social security integration?
no But SS integration is allowed with a stock bonus plan
136
What is an employers max deduction for ESOP contributions?
An employer's deduction for ESOP contributions and amounts made to repay interest on an ESOP's debt cannot exceed 25% of the participant's payroll
137
How are non-qualified Roth account distributions taxed and penalized?
Roth 401k: The distribution must consist of basis and earnings on a pro rata basis. Roth IRA: Contributions come out first
138
What are the 4 things that you can do if you fail the AD/ ACP test?
Correct by: 1. Corrective distributions - decreases the ADP of HC 2. Recharacterization -change from pre tax to after tax 3. Make Qualified non-elective contributions (QNEC) - puts money into all eligible NHC accounts - 100% vested 4. Make Qualified Matching contributions - Match all NHC employees who elected to defer - 100% vested
139
How are ESOP shares taxed when the employee sells them back?
If the employee reinvests the funds within 12 months, then they can defer gains
140
What can't integrate with social security?
43 401k, 403B 457 SIMPLE TRADITIONAL IRA ROTH ESOP SARSEP -- however note that the 401k profit sharing component CAN be integrated with SS. The CODA part cant
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How do ESOP Distributions work?
Participants can demand a limited distribution of employer securities If they want periodic payments, he can elect for this but only for 5 years. - If his account is more than $1.23, he can extend the periodic payments 1 additional year for ever $245k. Up to 10 years -Not eligible for NUA Lump sum = NUA
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What is the diversification rule for ESOPs?
Can force the company to diversify Must be at least 55 must have been in the plan for 10 years or more Must elect to diversify during the election period: the 6th plan year after becoming a participant If they elect this, - company must diversify 25% of the stock they got in years 1-5 - 50% of the stock from year 6 -It's based on actual shares rather than $$ --- so if they got 100 shares, they could diversify 25 of them If they diversify then they can take that 25% of shares and - take a distribution - transfer to another account - employer must offer three or more diversification options within the ESOP
143
What are rules for distributions from qualified plans?
If still working for the company - no in service withdrawals prior to 59.5 - unless death or disability if no longer working for the company, and not yet 59.5, your options are: - lump sum - roll to IRA or other qualified plan - leave assets in plan (if at least $5k) If no longer working for the company and over 59.5 - QJSA - Lump sum - Rollover plan assets to IRA * You need spousal agreement to not include them
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What are rules for distributions from profit sharing plans?
You can take withdrawals after 2 years of participation At termination of service, you choose - lump sum - rollover - purchase an annuity
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Generally, how are qualified plans taxed at distribution?
Ordinary income Subject to 20% income tax withholding Unless - rolled into an IRA or other qualified plan - QDRO into an IRA When you roll to an IRA you lose ERISA, 10 year forwarding average, NUA, Pre 1974 cap gains treatment
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Generally, how are loans from a qualified plan taxed?
Balance <$20k - can take up tot $10k Balance $20-$100 - can take 50% of vested balance Loan may not exceed $50k IF there is an outstanding loan, reduce what they can take but the outstanding loan amount Must repay within 5 years Unless house, then 30 years Quarterly payments, must be substantially level amortization Failure to repay is a taxable distribution with possible penalty Repay in full if terminated. TCJA allows repayment before next tax return
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Generally, how are qualified plans AND IRAs taxed at distribution prior to 59.5?
10% penalty unless - rollover - death - disability - section 72t - substantially equal payments - med expenses over 7.5% - fed tax levy - $5k for birth or adoption - after 55 and separated from service (not allowed for IRA) Penalty exceptions allowed for IRAs only - health insurance for unemployed - higher edu - first time home purchase
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What are the rules for 72t substantially equal payments from a qualified plan?
Must be annually for the life expectancy or joint lives of participant and bene after separation of service must be made either for 5 years or until 59.5, whichever is longer
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What are the RMD rules for 401k?
Note: 401k only, does not apply to IRA If you're still employed, and less than or equal to 5% owner, you can delay distributions Delay until 4.1 of the year after you terminate employment NOT ALLOWED FOR SIMPLES OR SEPS
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What are the distribution rules for bene IRAs?
It depends on the type of bene. 1. Eligible Designated benes - spouse, minor child 1.1: Dsitrubte the balance over life expectancy of the bene beginning the year following death 1.2 A spouse can roll it into their IRA 1.3 Child becomes a designated bene at age of majority 2. Designated bene - Anyone other than eligible - balance is paid within 10 years. (Secure act rules) 3. Non- designated benes - trusts, estates, charity, etc. Follow pre secure act rules - If RMD had started, Reduce owners age by 1 and take remaining RMD -If RMD has not started - take entire balance by end of 5th year following death
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When is someone considered an active participant?
If they have a DB plan at work, they are active when - participation OR - meets eligibility Defined Contribution plan - Receives a contribution to the plan on his behalf, including forfeitures - Defers comp
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What happens when someone is over the phase out for a deductible IRA contribution, but they contribute anyway?
The post tax contribution increases the basis of the account Withdrawals are then taxed based on the ratio of basis to FMV Basis portion is not taxed, the rest is OI
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What are the special Roth distribution rules?
No RMD Qualified distributions are income tax free - five years AND - 59.5+, disability, death, home buyer ($10k) Non qualified distributions: Taxation: Contributions and conversions are still not taxed. Earnings are taxed. FIFO Penalty: -No penalty on contributions, ever - Penalty on conversions if w/in 5 years - penalty on earnings, unless death, disability, 59.5, house - No penalty if for education, med expenses over floor, adoption, 72t, med insurance premiums when unemployed
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What are the differences between a Roth 401k and Roth IRA?
Contribution amount No phase out on 401k No home purchase allowed with 401k Non qualified distributions Taxed at a pro rata basis instead of fifo!!!!!
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What investments are not allowed on IRAs?
life insurance non us coins collectibles
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What are SEPs?
Non Qualified Tax deferred growth Can be established as late as extended due date of tax return (IRA contributions stop at 4.15) Use traditional IRA accounts Employers contribute to all employees: - that are 21 - employed for the last 3 of 5 years - received comp over $650 Form 5305-SEP Employees must be notified Each employee gets a SEP IRA account Contributions: - employer only - discretionary - must be made to all employees even if they died or quit that year - max 25% of covered comp or $61k - CAN utilize pro rata or flat dollar - CAN SS integrate Self employed contributions are limited to the contribution rate to other participants/1+contribution rate to other participants So 25% to employees means 20% to employer for sole proprietor ' 100% vested Distributions - same as traditional IRA rules
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What are SIMPLES?
Simple to establish/maintain Employee deferrals Calendar year plan Small employers only - 100 or fewer earning $5k+ last year CANT combine with a qualified plan Two types: 1. SIMPLE IRA 2. SIMPLE 401k - can take loans Eligible if earned at least $5k in any of the last 2 years Max $14k deferral plus $3k catch up Employer chooses match up to $305k covered comp: 1. dollar for dollar up to 3% 2. 2% non elective !!!!Tax deductible, tax deferred growth. BUT employee contributions are subject to payroll taxes! Withdrawals - OI - Rollover option - Don't require the 20% withholding !!!!25% penalty if the withdrawal is within the first 2 years of the employees participation in the plan!!! Otherwise same as IRA
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Which plan has a 25% penalty on withdrawals in the first 2 years or employee participation?
SIMPLES
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What is a 403(b) Plans or tax sheltered annuity?
Technically, non qualified For public schools and tax exempt orgs 5013c Although not qualified, ERISA applies to 5013c 403Bs - it does not apply to government or church 403bs ERISA applies when : - meets non discrimination tests AND - marching contributions satisfy ACP test - Plan must offer QJSA as well as Preretirement Joint and survivor annuities Eligibility: - 21 and one year Contributions same as 401k and combined with 401k !!!Only invest in insurance annuity contracts and mutual funds!!! !!!403B 15 year catch up rule!!! If the employee has been there at least 15 years, and they did not use their full elective deferral over those 15 years, they can increase their contributions up to $3k per year limited at $15k to catch up - HER organzations - Health, education, religion - Permits an additional $15k (max $3k per year) to the 403b - Must have completed 15 years of service with un Loans: only when an ERISA 403b, same rules as 401k Distributions: same as 401k
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What is a 457?
You are NOT considered an active participant for participation in other plans! Two types: 1. public - government employers - all employees participate - can rollover to 401k, 403b, 457 or IRA 2. private - tax exempt employers - assets not protected in trust - NO CATCH UP - Only rollovers to other 457s SPECIAL CATCH UP : 3 years leading up to retirement, can contribute an additional $20500 Also 457F - much more limited. for key employees No churches!
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What is the 457 catch up rule?
three years leading to normal retirement age, an employee may defer an additional $20,500 for 2022 to a 457B - both public and private - limited to prior unused deferral amounts - max contribution equals $41k
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What is the 457 F plan
Key employees No catch up No rollovers Not protected by the trust Gov or 501c employers not eligibleW
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What is self employment tax?
164
What is the non compliance fine for an employer who doesn't implement COBRA?
$100 per day per participant
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How many employees triggers a COBRA requirement?
20 or more
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When do short term disability benefits start?
Usually day 8 after sickness first day of accident Last no more than 6 months
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Does the employer get a tax deduction when they grant ISOs? Or when they are exercised and sold?
NO! ISOs only have an employer deduction if they are non-qualifying disposition. Then they are taxed like NQSO
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If someone is ELIGIBLE but does not participate...
NOT ACTIVE for IRA deductibility unless forfeitures or employer contributions into their account
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Do SIMPLES offer loans?
IRAs - NO 401ks - if the plan allows it
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What do you need to know about a sep?
Not a qualified plan Used by small business and sole proprietors Easy to establish- they use IRAs Participation is anyone 21+ and 3 of the last 5 years employed! Only had to have made $650. So good for high turnover part time Can be funded as late as tax return plus extensions! Employer contributions based on a specific formula that doesn’t discriminate
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What do you need to know about simples?
Either ira or 401k Deferral limit at $14k! Less than 100 employees with 2 year grace period No other plans allowed!! 100% vested Ira match: 3%
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Types of 457 plans
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Is long term care insurance allowed in a cafeteria plan?
No!
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What is a nonoccupational clause in a disability policy?
Benefits payable from the disability policy will be offset by workers’ compensation benefits received.
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Can a tax QUALIFIED LTC policy have a cash value?
NO!
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Who are 457 plans for?
A 457 plan in a non-governmental tax-exempt organization would be for a select group of highly compensated individuals and not for a teacher.
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Who can adopt 403b?
501(c)(3) State hospital Private school Public school BUT NOT FED GOVERNMENT
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With stock, what would reinvested dividends do?
Increase the basis!
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If your company pays some or all of your disability policy, will you be taxed on the benefits?
YES!
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Do churches qualify for 457 plans?
No! Just gov agencies and non profits
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Are rabbi trusts irrevocable?
Yes! But still available to creditors. No constructive receipt
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Do 457 f have a catch-up?
No
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When is the 10% penalty for HSAs waived?
once you turn 65
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How are SCINs taxed?
Tax free return of principle LTCG on the gain Ordinary income on the interest Payments are broken down pro rata
185
How do you calculate self employment tax?
186
What's true about HIPPA
An employee without creditable coverage can generally only be excluded by the group health insurance plan (if offered) for up to twelve months. The waiting period is reduced by the amount of "creditable coverage" at a previous employer. If the employee does not enroll in the group health insurance plan at the first opportunity, an 18-month exclusion period may apply. All three statements are true. If you have a pre-existing condition that can be excluded from your plan coverage, then there is a limit to the pre-existing condition exclusion period that can be applied. HIPAA limits the pre-existing condition exclusion period for most people to 12 months (18 months if you enroll late), although some plans may have a shorter time period or none at all. In addition, some people with a history of prior health coverage will be able to reduce the exclusion period even further using "creditable coverage." People with a history of prior health coverage will be able to reduce the exclusion period even further using "creditable coverage."
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How does a money purchase pension plan work?
Pension plan with DC rules Employer contributes a % of employee income Employee directs the investments in their own account No min funding determined by actuary - just stick to the formula Jay establishes a Money plan that commits to a 2% contribution every year. Claire is able to direct the investments. Si
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What are the penalties for qualified plan prohibited transactions?
The first tier excise tax for prohibited transactions is 15% of the amount involved and is automatic even if the violation was inadvertent. The second tier excise tax is 100% of the amount involved and is assessed if the prohibited transaction is not remedied. There are no income taxes applied; all remedies are made through restitution and excise taxes.
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What's cheaper to establish - simple IRA or simple 401k
IRA
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Stock redemption (entity) cross purchase agreements are always..
in a corporaiton no step up in basis proceeds not included in GE
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Contributory versus non contributory
non contributory - employEEs do not contribute contributory - employEEs do contribute