Retirement Flashcards
(192 cards)
What is the safe harbor test?
70% or more of the non highly compensated, eligible employees are covered by the plan
covered employees/total NHC eligible employees
What is the ratio test for qualified plans?
% of NHC covered / % of HC covered
What is the average benefits test for qualified plans?
AB % of NHC covered / AB % of HC covered must be greater than 70%
And non discriminatory test
What is the ADP Test?
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%
What is the 50/40 test?
The plan must cover at least 50 employees, or 40% of employees - whichever is less
For defined benefit plans only
What is the ACP test?
Actual contribution percentage
Uses the same scale as ADP test
What are features of a safe harbor 401k?
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
Requirements to contribute to an IRA:
- Must have earned income
Note that a non-working spouse can have their spouse contribute
When is an IRA deductible?
Limited deductibility when the taxpayer is an active participant
What is an active participant in a employer sponsored plan?
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)
What IRA contribution is deductible for someone who is NOT and active participant in a plan, but their spouse is an active participant?
What is the formula for calculating IRA deductibility when taxpayer is in the phaseout?
For single:
((Top of phaseout range - AGI)/10) * 6,000
What are the Roth IRA phaseouts?
Based on AGI
What are exceptions to the 10% early withdrawal penalty?
- 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
What is a leveraged ESOP?
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
- bank loans fund the ESOP trust
- ESOP buys stock from existing stockholders
- Company distributes annually (tax deductible) to the ESOP trust, the ESOP trust repays the bank both principal and interest
- 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
Can life insurance be part of qualified plans?
Yes, if:
- it must not be the primary focus of the plan
What is the 25% test for insurance in qualified plans?
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.
What is the 100 to 1 ratio test for including life insurance in a defined benefit plan?
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
What is a 412(e) plan?
Used to be 412 (i)
Specific type of defined benefit plan that is entirely funded by life insurance
What is 10 year forwarding average?
- only available to participants born prior to Jan 1 1936
How is company stock in a qualified plan taxed at distribution?
Initial company contribution (basis) taxed as OI
Gain taxed capital gains rates
What are the loan maxes on qualified plans?
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
How long do you have to repay a qualified plan loan?
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
What are 72(t) distributions?
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)