Retirement Flashcards

(81 cards)

1
Q

Qualified vs tax advantage vs NQ plans

A

QUALIFIED
DB, DC

TAX ADVANTAGED
SEP IRA, SIMPLE IRA

NonQualified
NQ Def Comp
SERP
Top Hat plan
S162 bonus plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Suitability of retirement plans

A

3 common elements
1. currently deductible ER contributions
2. benefits not currently taxable to EE/participant
3. ER can LIMIT PARTICIPATION to select individuals - pick and choose

Qualified plan 1 and 2
Tax advantaged plan 1 and 2
ie cannot pick and choose in these 2

NQ S 162 bonus 1 and 3
taxable to EE
NQ Def Comp 2 and 3
not deductible to ER (until paid)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Inherited ROTH IRAs

A

Spouse can treat as own and therefore no RMDs are required
Others must take RMDs from the ROTH!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Inherited Traditional IRAs

A

5 years
Estates, charities, trust not qual as desig

Own life
Spouse: own or spouse’s life exp
Eligible Desg not more than 10 years younger (ie a sibling) : own life expectancy
chronically ill falls in here too

Once a child is age of the majority they are NOT an eligible designated beneficiary and subject to 10-year rule
-Minors: years to 21 + 10

-Others: 10 years
if in RMD status, must take EVERY year
see through trusts, successor beneficiaries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

NQSO and ISOs
Types of income:
-Ordinary/compensation
-AMT pref
-Capital gain/loss

A

GRANTdate Neither have tax consequences

EXERCISE DATE
NQSO taxed on bargain element (FMV @ ex vs grant) as ordinary income on W2 (Compensation income)

ISO
bargain element is positive AMT preference item

SALE DATE
NQSO taxed as capital gain. Sale price less strike price at ex date

ISO.
If holding periods met, capital gain or loss
If not, disq disp treated as NQSO and taxed as ordinary income
Something about an AMT negative item for the exercise price and the sale price difference

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Do both ISOs and NQSOs have holding periods and if so how long

A

NQSO do NOT have holding period requirements

ISOs; hold 2 years from grant and 1 year from ex. (So 2 total ok if ex after 1 yr then held another)
If not, DISQ DISP and treated as ORDINARY income.
upside for ER is they can deduct it. Otherwise it is not deductible at all for ER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

NQSO v ISO
When does company receive a deduction
Which one is subject to vesting
Which one is limited $/yr

A

NQSO
-usually subject to vesting
-can be transferred or gifted to fam members, charities or trusts
-Corp receives ded when EE pays tax @ exercise

ISO
-Corp only receives ded if EE has disq disp (does not meet the holding period)
-May create AMT
-No more than $100,000/year can be granted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

83b election
appendix

A

Restricted stock
Normally pay tax on RSUs @ time of VESTING
-83b election @ time of grant and pay tax @ time of grant based on FMV @ grant date
-holding period then starts @ date of grant/election
-make this when expect the stock to go up (esp useful in a startup, nonpublicly traded)
Make election within 30 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Nondiscrimination testing of QPs
ADP test

A

A qualified plan MUST meet one of the following three benefit tests:
-The Safe Harbor Test – plan must cover at least 70% of the non-highly compensated employees
-The Ratio Percentage Test - plan must cover a percentage of non-highly compensated employees equal to at least 70% of the percentage of highly compensated employees covered
-The Average Benefits Test – the percentage of benefits received by non-highly compensated employees must equal at least 70% of the percentage of benefits received by highly compensated employees

2nd test is tricky. Ex question
The Acme Corporation employs 56 employees of whom 18 are highly compensated. The plan covers 23 of the non-highly compensated employees and 15 of the highly compensated employees. Does the plan meet ERISA nondiscrimination testing requirements?

The plan does not meet the safe harbor test but it does meet the ratio percentage test. Safe harbor test: 23 / 38 NHCE = 60.53% Fail BUT….

Ratio percentage test:
23 of 38 = .6053 NHCE
15 / 18 = .8333 HCE
.6053 NHCE / .8333 HCE = .7264 = PASS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

QP SS integration

A

for SS to get $ above the 168k
2 methods
1. Excess integration (DB &D DC) - may be tested. see below
2. Offset integration (DB)

In either integration method, the maximum increase in benefits produced by the integration formula used cannot exceed 26.25% (3/4ths of 1% x 35 years). This may be a stand-alone exam question.

Excess. Max above base rate they can put in is 2x for up to 5.7% and for 6% and above is base plus 5.7%

if base is 7% and income 208400, then EE gets 168400.07
Plus 40000
.127

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Nua election
When a person wants to keep the employer stock in their former employers profit sharing plan

A

Net unrealized appreciation
3 buckets

  1. Employer contribution taxed as ORDINARY income @lump sum date
  2. Nua. Fmv @lump sum date less employER basis will be taxed at LTCG without regard to holding.
  3. Subsequent appreciation is taxed as short-term OR long-term based on the holding period AFTER the lump sum distribution

No step up in basis at death for any nua remaining
But it does retain the long-term character

Applies only to the employer stock held in the plan

Must be executed as part of a qualified lump sum distribution ie 100% of the employee’s account

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Exceptions to early withdrawal
Qp vs ira

A

SOS to QPs
Separation of service after 55 applies only to QP not IRAs

HHH to IRAs
Qual Higher Ed expenses,
First time HB and
Health insurance premium when unemployed applies only to IRAs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Exceptions to early withdrawal that apply to both QP and IRAs (most likely to be tested

A

Unreimbursed med
Death
Disability
SSEPP

QP only sep service 55

IRA only. HHH
Higher Ed
Homebuyer fthb 10k
Health premium unemployed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Qualified plans social security integration

A

Max increase in benefits is 26.25% per year 3/4% *35yrs

Plan may put in more $ above “integration level” (typically the SS wage base)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

DC pension
Money purchase
Target benefit
BOTH
100% employer funded
mandatory annual contributions
>= 10% stock

A

Money purchase favors younger
Vs Target benefit favors older as skews higher cont to them

Target benefit needs an actuary in Year One.. expensive

*Money purchase is easy for participants to understand with stated guaranteed contributions defined in the plan document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

DC Defined contribution summary

A

Flexibility is key with DC profit sharing

DC CONT
Profit sharing
Traditional
401k (coda added to traditional
Stock bonus
Esop

DC pension
Money purchase
Target benefit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

DC Defined contribution common elements of all

A

Participant directed
Combined ee/er 69k excl catch-up
Accelerated vesting
>=3 yr cliff or <=graded 2-6
Maxcomp considered 345k
*Max deductible employer 25% of covered payroll (in total not per person)
Max covered 345k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

DC
EmployER contribution differences between profit sharing and DC pension

A

Profit sharing substantial and recurring versus mandatory contributions DC pension

Therefore DC pension aren’t as good for younger companies with fluctuating profits

DC pensions are 100% employer funded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

DC trad ps vs 401k

A

Traditional ps can offer loans but not hardship wd

401K allows employEE contributions, loans&hardship
Withdrawals

401k subject to ADP, ACP testing
ADP EE. D is for deferring inc
ACP ER. C is for ER cont
Testing is Expensive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Loans in 401k

A

Max is the lesser
vested balance or 50K

Must be charged interest

Max term is 5 years unless for primary residence

Default is deemed a distribution

Even if some is repaid any outstanding loan balance within the past 12 months is considered in the 50k Max

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Solo 401k

A

For a business with only one owner and no employees other than spouse

EmployEE same as trad 401k
EmployER Max 25% of W-2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

DC pension
Money purchase

A

Plan document defines mandatory ER contribution

Company needs stable cash flow
Remember in a $P company needs $

Favors younger

Easy for participants to understand, Stated guaranteed ER cont %

Like all DC participants have investment risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Vesting
Accelerated

A

Defined benefit top-heavy plans

Cash balance plans

All DC plans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Forfeitures

A

If used to offset plan expenses does not count towards AAL or EE deferral limits

Reallocation among participants makes them an active participant

Also counts towards the 23 k and the 69k AAL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
DB Traditional DB plan
Only QP that guarantees a specific monthly pension Older higher earning can have substantial funding Accruing a benefit in any way is considered active participant for IRA rules If married must be joint and survivor and less spouse waives No predetermined Max for employer contributions and NOT subject to the 69k PBGC must satisfy 50/40 rule Expensive must have annual actuary
26
DB cash balance
Guarantees a specific cash balance at stated normal retirement age Hypothetical participant accounts are for record keeping only.NOT participant directed Accrues a pay credit % of comp plus an interest credit. fixed or variable rate linked to an index Must use 3-year Cliff vesting Uniform benefit accrual for all employees Easier for participants to understand than a traditional DB Can convert guaranteed CB into a lifetime pension
27
403b TSA Tax advantages not qualified 2 special features...
*Limited investment choices mutual funds or annuities only Extra catch-up. 3k Special catch-up IF > 15 yrs @ same employer Over 50 can have BOTH the 3K and the 7500
28
457b 3 special features
Not aggregated with other salary deferrals for the max Not considered active participant for IRA deduction Special catch-up see below I think also no early withdrawal penalty Remember they can't contribute more than 100% of compensation Special catch-up in last 3 years of service at normal retirement age Lesser of Unused to deferrals from the past Up to 2x normal contribution limit ie 46k CanNOT use both the special catchup and the 50 plus in the same year
29
Special catchups 457b and 403b
Also 457b can use unused deferrals
30
Capital preservation and purchasing power
Amount needed day 1 retirement. Capital utilization like steps 1 and 2 of education Capital preservation. Then do another o Pv calc using the FV of step 2 as PV and the nominal or portfolio rate. Use years IN retirement as n. Then add this pv to step 2 pv Purchasing power Same thing except use inflation adjusted rate
31
Who do SEP contributions have to be offered to
Employees over 21 who -employed in 3 of last 5 years -Had $750 in 24
32
SEP with employees
First do the owner because it's easy to forget the extra calcs Sch c - 50% of (C*.9235*.153) And watch if above se max Times 20% for owner Use the 25% for the employees Or if the rate isn't 25% take the rate / 1 + rate for owner
33
Simple ira
Less than 100 employees Ee 16k and 3500 Employer must contribute 2% on All or 3% match Eligible employees are all with compensation over $5,000 in any of the prior two years Early withdrawal is 25% in the first 2 years Immediate 100% vesting Like SEP
34
IRA contributions
As long as the taxpayer has sufficient income and IRA contribution can always be made. The issue is how much if any can be deducted If not active participants, MAGI is not an issue unless mfj and spouse is active participant or MFS Ask. active participant? If not is spouse an active participant? Look at m a g i Different limits for if you are an active participant or if you're married to somebody who is an act of participant
35
Rollovers Traditional vs direct transfer
Traditional. Only one allowed per year Participant has 60 days to deposit Mandatory 20% Federal withholding unless ira to ira If the withheld amount is not replaced or deposited it is considered a distribution and subject to tax and possibly 10% penalty Direct transfer rollover. No annual limit on the number Participant never takes possession of the funds No mandatory withholding tax
36
Rollovers What can be rolled over to what
Roth IRA can only be rolled into another Roth IRA and only one in a 12-month period Traditional, simple and sep Can go to anything except a designated Roth 457b, QP like 401k, 403b Can go to anything Note to or from a simple generally only after 2 years prob bc of that 25% early wd in 1st 2 yrs
37
Rule 72t
Substantially equal periodic payments
38
Roth IRA distributions What makes them qualified (TAX free)?
5-year-holding. Absolute requirement Starts 1/1 of the year for which the contribution is designated If 5 yr met AND Death, disabled, fthb lifetime 10k or 59.5 No tax or penalty
39
Roth distributions non-qualified
Remember basis comes out first If not over 59.5, EARNINGS are subject to tax and penalty. If over 59.5 no penalty Contributions have no tax and no penalty Conversion contributions have no regular tax but if distributed within 5 years of conversion might be subject to penalty
40
Roth ira distributions when Over 59.5
No penalty The question is if it's taxable Less than 5 years the earnings are taxable >=5 yrs earnings not taxable
41
Non-qualified deferred Comp for top execs "Top hat" Excess benefit plans SERPs
Typically mirrors a qualified plan but without the limits/Max's SERP additional comp. Specific amount for specific period contributed on remaining or achieved goals The company can select which execs The goal is to avoid constructive receipt and current taxation Therefore there must be substantial risk of forfeiture Typically a vesting schedule Executives do not recognize income and employer does not get a deduction until it's no longer substantial risk of forfeiture
42
Rabbi trust
Funds are accessible by corporate creditors in the event of insolvency. Therefore substantial risk of forfeiture exist and constructive receipt is not triggered Strikes balance between safeguarding comp for the executive but not triggering constructive receipt Funds in the RT are not available to the corporation for other purposes Funds are safeguarded in the event of a merger or acquisition
43
Rabbi trust vs secular trust
Assets in the secular trust are NOT subject to a company creditors and result in immediate compensation recognition Substantial risk of forfeiture exist in Rabbi trust because the funds are accessible by corporate creditors
44
Elements to consider when selecting QP, NQP
45
Simple401k
Looks like the same as a simple to me Appendix says matching of 3% or put in 2% of everyone's. That's a simple?! One question noted that it's different from a simple because the employer match can't go below 3%
46
DC max contributions Annual additions limit vs employee elective deferrals
EmployEE deferrals are aggregated between plans. Except 457b The AAL is NOT aggregated between plans Remember the AAL is the lesser of 69k or the employee's compensation
47
DB Traditional DB pension Fully insured
A fully insured traditional defined benefit plan is funded exclusively by cash value life insurance OR annuity contracts
48
DB Traditional pension vs cash balance
Traditional pension is the only one that guarantees the final monthly pension amount
49
DB Traditional pension is suitable when
Benefit guarantees are desired Pbgc insurance coverage is needed Or stated goal is to skew benefits to older plan participants without many years until retirement If it needs to satisfy the 50/40 rule
50
Esop Probably not tested but if so
The company can borrow money to buy shares no other plan can do this Leveraged esop Trust borrows from the bank, trust uses loan to purchase employer stock, employer makes deductible contribution to the plan, trust pays the bank loan, bank releases the stock Was this for esop only??? If employer stock is not publicly traded participants must be given a put option to sell the stock back to the plan
51
Be careful
25% of 345 is more than 69,000. So remember to limit these people's company contributions Gets tricky with TB and MP because there's only employer and your guard is down
52
DB employer only
Funded by employers only Funding is whatever it takes to get there While AAL does not apply remember the maximum annual pension is 275 And the maximum compensation that can be CONSIDERED in the benefit FORMULA is 345 Pension guarantees a benefit Cash balance guaranteed a certain cash balance
53
SEP service >=55 Can this be done in QP, IRA or both? What are the consequences
Remember for qualified plans there is NO PENALTY It can be taken in a lump - it does not have to be substantially equal periodic payments There WILL of course be tax on any pretax $ or earnings
54
S162 bonus (nq)
Large cash value life insurance The company buys in the executive has access to the cash value Employer pays the premiums which are taxable to the employee as bonus comp Executive owns and names the beneficiary Death benefit is tax-free
55
Social security fully insured
Need 40 lifetime credits to be fully insured for retirement Equivalent to 10 years Can earn my maximum of 4 per year earn 1 for every $1,730
56
SS AIME
Average indexed monthly earnings Adjust to present day dollars Based on 35 best years of index earnings If you have less those years will be zero Used to calculate pia
57
Pia
Primary insurance amount The monthly retirement benefit at FRA Uses bend points to calculate the benefit
58
Reduction in SS early
If start at 62, max reduction is 30% It's 5/12% for 24 mo 62-64 and 5/9% for 36 mo 64-67
59
SS delay past 67
Increase benefits by 2/3 %/mo =8%/yr 24% if go all the way to 70
60
Social security benefits summary
61
Ss impact of earned income prior to fra. If claiming SS already
Temporary reduction Prior to fra See tables. Over 22230 wh 1 for every 2 over First year rule. Use 1/12 for month. starts when they claim Could have partial years or even scattered months
62
Taxation of ss benefits
First compute provisional income 0/50/85 32/44 mfj. 25/34 sing
63
Overview of Medicare
Also know irmma calc is on magi plus tax exempt
64
Spousal SS benefits Frequently tested
Max benefit is 50% Currently married to worker -Worker must have filed for own benefit -Must have been married at least a year Divorced from worker -Worker must be at least 62 -Must have been married for at least 10 years, currently unmarried to anyone, divorce from worker at least 2 years And start when you are age 62 but the benefit is reduced No delayed credits past fra
65
Claiming SS on another's record
66
Survivor. Widower With or without child Age and percentage Remarried ok?
Any age with child 75% Once age 60 100% Age 60 without child 100% For both of these current sp must have been married greater than equal to 9 months Or 10 years for ex The ex does not have to have been divorced for 2 years In both cases must be currently unmarried OR got married after age 60
67
Widower mother/father and child
Looks like each can receive 75% The child must be under age 16 or disabled Once the widowed is 60 it goes up to 100%
68
RMDs
Do not have to take out of current employers plan if you're still working and less than a 5% owner Deadline for the first one is April 1st of the year following you turn age 73 Or IF a QP year of retirement if less than 5% owner Penalty for not taking is 25% Frequently tested is that if you delay that first one to April you're going to have two RMDs that year You can combine the value of all your IRAs and take it out of one BUT for QPs must take out of EVERY one
69
Qcd
Qcd age is still 70.5 24 limit is $105,000 If mfj and enough money in each area you could both do it Up to 53k could go to a CRAT/CRUT Direct transfers only. Cannot go into a DAF Watch for one spouse to have a balance of less than 105k
70
Nua election example
71
QDRO
Judgment decree or order for a qualified retirement plan to pay Child support Alimony Marital property rights to alternate payee (spouse, ex, child, other dep of participant) If not rolled over there is no penalty but there would be income tax If rolled over no tax now
72
Top heavy qualified plans What makes it top heavy and what's the minimum for non key In DBand DC
If the plan provides more than 60% of the aggregate accrued benefits to key employees - or more than 60% of accrued account balances in a DC Key employees are one of these -Earn more than $220,000 -Own more than 5% -Own >1 %and earn over 150 Plan must use accelerated vesting or 3-year cliff Provide minimum benefits to non-key employees B b4 C like 2 B4 3 DB minimum defined benefit of 2% of comp times yrs up to 10 years DC min cont of 3% of covered Or if the DC for key is less than 3 non-key must receive at least equal to key
73
SS survivor my summary
74
Capital utilization approach Most used calc for retirement funding Takes account down to zero at day of death
Like Ed funding We are using it all up. I eat if we die at exactly our life expectancy our account balance will be zero
75
ADP for 401k
Average deferral of HCE cannot exceed the greater of - 125% of nonHCE avg Or -Lesser of -2x non HCE avg -nonHCE avg +2% Example non-hce average 4% Greater of -5% is 125% -Lesser of 2x is 8% nonHCE +2% is 6% So hce max is 6%
76
Which plans cannot be integrated with social security
Simples and esops
77
401K hardship withdrawal
Only available for employEE contributions
78
Reits
As long as 90% of their taxable income is distributed shareholders annually the income is free from taxation for the reit At least 75% of their assets income must be derived from real estate equity or mortgages Mortgage REITs allow investors to receive a stream of income from the mortgage payments Equity REITs offer investors the potential growth of their investments through realized capital gains as well as the pass through from rental income
79
Employee coverage simple versus sep
Sep over 21 and $750 in 24 and 3 of 5 years employed Simple All with compensation over 5,000 in any prior two years Remember the 25% withdrawal penalty in the first two years
80
Maximum loan in Traditional profit sharing plan 401k
Traditional profit sharing $50,000 or 1/2 of the VESTED balance 401k Same except if vested is less than 10,000 can borrow 10,000
81
Company contributions to profit sharing
An employer can contribute more than 25% to an individual's account. The 25% applies in aggregate to the total covered payroll