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401(K) PLANS Presented by: Mary Read, CPC, QPA National Director of Qualified Plan Marketing For Financial Professional Use Only. Not For Use With the Public.
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DISCLOSURE 2 This material is intended as a general discussion of qualified plan concepts and strategies. It is not intended as specific advice concerning any individual legal, tax or accounting matter. Alliance Benefit Group-Pentegra does not provide legal, tax or accounting advice. Any questions regarding your individual situation should be directed to your personal advisor on such matters. For Financial Professional Use Only- Not For Use With Public
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TYPES OF RETIREMENT PLANS Defined Contribution Contribution is limited Retirement benefit is unknown Benefit depends on the amount of contributions made and any growth of plan investments ─ Profit Sharing ─ Money Purchase ─ 401(k) ─ Target Benef it 3 For Financial Professional Use Only- Not For Use With Public
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For Financial Professional Use Only – Not for the Public.4 401(k) Plan Contributions 25% of total participating payroll - Matching contributions - Qualified non-elective contributions - Profit sharing contributions Does NOT include employee salary deferrals Contribution Limit 100% of pay, maximum $50,000 - Matching contributions - Qualified non-elective contributions - Profit sharing contributions - Salary Deferrals DOES include employee salary deferrals Allocation Limit
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What is a 401(k) Plan? Eligible employees can save for their retirement by making salary deferrals ─pre-tax income ─after-tax income ─combination of both Can include an employer matching or non-elective contribution discretionary profit sharing contribution. For Financial Professional Use Only – Not for the Public. 5
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401(k) PROFIT SHARING PLANS Traditional 401(k) Safe Harbor 401(k) Solo-k Roth 401(k) For Financial Professional Use Only – Not for the Public. 6
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7 401(k) FEATURES Pre-tax employee salary deferrals – Catch-up contributions for those age 50 and older Roth 401(k) Deferrals Optional tax-deductible employer contributions – Matching contributions – Qualified non-elective contributions – Profit Sharing contributions Tax-deferred growth* *Distributions from a 401(k) are taxed as ordinary income and, if taken prior to age 59 ½ may be subject to an additional 10% federal income tax penalty.
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TRADITIONAL 401(k) PLANS Eligibility: Age 21 and 1 year of service (1000 hours worked annually) Employer Contributions subject to vesting schedule Subject to A verage D eferral P ercentage Test For Financial Professional Use Only – Not for the Public.8
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9 401(k) SALARY DEFERRAL PLAN Type of planLimit 2012 401(k)$17,000 403(b)$17,000 SARSEP$17,000 457$17,000 SIMPLE$11,500 Salary Deferral Limit
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401(k) SALARY DEFERRAL PLAN For Financial Professional Use Only – Not for the Public. 10 Catch Up Deferral Eligible employees - Must attain age 50 by December 31 Plan must permit 401(K) Catch up contribution $5,500 SIMPLE Catch up contribuiton $2,500
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Special Rule 403(b) Participants A special rule applies to participants in a 403(b) plan who sponsor their own Defined Contribution plan – Maximum allocation includes salary deferrals made in a 403(b) plan Example: Salary deferral in 403(b)$16,500 Profit sharing contribution$33,500 Total$50,000 For Financial Professional Use Only – Not for the Public.11
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ADP TEST The HCEs’ average may only exceed the NHCEs’average (for both the ADP and ACP tests) by specific limits summarized as follows: NHCE PercentageMaximum HCE Percentage 2% or less NHCE % × 2 2%–8% NHCE % + 2 more than 8% NHCE % × 1.25 For Financial Professional Use Only – Not for the Public.12
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CASE STUDY INDUSTRIAL DESIGN, INC. AgeCompensation Owner A61$250,000 Owner B 48250,000 Employee 13260,000 Employee 26230,000 $590,000 For Financial Professional Use Only – Not for the Public. 13 This example is purely hypothetical and for illustrative purposes only. The example shown does not represent any particular plan and your results will differ.
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401(k) DeferralCatch-up 3% MatchPSTotal Owner A$17,000$5,500$7,500$25,500$55,500 Owner B$17,000$0$7,500$25,500$50,000 EE 12,880?$1,800$2,836$4,636 EE 21,440$0$900$1,418$ 2,317 Total$38,320$5,500$17,700$55,254$112,453 For Financial Professional Use Only – Not for the Public. 14 This example is purely hypothetical and for illustrative purposes only. The example shown does not represent any particular plan and your results will differ. Owner Deferral6.8% Needed Rank and file Deferral4.8%
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Safe Harbor 401(k) Plans Avoids ACP and ADP Tests Pre-Tax/Roth Salary Deferrals Mandatory Employer Contribution 100% immediate vesting of mandatory employer contribution Employer Safe Harbor Contributions also used to satisfy Top Heavy and Gateway minimums Optional Profit Sharing Contributions which can be subject to a vesting schedule For Financial Professional Use Only – Not for the Public. 15
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Safe Harbor 401(k) Plans Employer must contribute either – Match: 100% on deferrals up to 3% of pay and 50% on deferrals between 3 and 5% of pay; or – Non-Elective: 3% of pay for all eligible participants For Financial Professional Use Only – Not for the Public. 16
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SAFE HARBOR 401(k) DeferralCatch-up3% FSPSTotal Owner A$17,000$5,500$7,500$25,500$55,500 Owner B$17,000$0$7,500$25,500$50,000 EE 1$0 $1,800$1,036$2,836 EE 2$0 $900$518$1,418 Total$17,700$52,554$109,754 For Financial Professional Use Only – Not for the Public. 17 This example is purely hypothetical and for illustrative purposes only. The example shown does not represent any particular plan and your results will differ. Employer Contribution Owners receive 22.2% and 20% of compensation Contributed for employees 4.734% of compensation
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18 401(k) FOR ONE 401(k) for One For highly compensated employees only Combine with a profit sharing contribution, or with a separate defined benefit plan Reduced 401(k) administrative fees For Financial Professional Use Only- Not For Use With Public 18
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401(k) FOR ONE Profit Sharing Contribution (25% of Pay) 401(k) Deferral $17,000 $25,000 $47,500 Compensation $100,000 The above example is purely hypothetical and for illustrative purposes only. The example shown here does not represent the actual results of any particular plan and your results will likely differ. Catch Up Deferral $5,500 (over Age 50) For Financial Professional Use Only- Not For Use With Public 19
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For Financial Professional Use Only – Not for the Public. 20 RECORDKEEPING Investment Platform Employee Access Individual Accounts
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For Financial Professional Use Only – Not for the Public. 21 ADMINISTRATION 401(a)(4) Nondiscriminatory Allocations 401(a)(9) Compensation Limitation 402(g) Excess Deferrals 404 Maximum Deductible Contributions 410(b) Minimum Coverage Testing 414(s) Testing for non-safe harbor compensation ADP/ACP Testing 415 Annual Addition Testing 416 Top Heavy Testing Nondiscriminatory Benefits/Rights/Features Determination of Highly Compensated Employees Comprehensive compliance reporting package Analysis of testing results Corrective scenarios in the event of test failures Preparation of Government filings - IRS Form 5500 and applicable schedules (A, C, D, E, G, H, I, R, MB, SB, SSA) - Summary Annual Report (SAR) - IRS Form 5558 (Extension for Form 5500) - IRS Form 5330 -Tax reporting, including Form 1099-R, 1096, 945 and 1099-MISC
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22 ALLIANCE BENEFIT GROUP-PENTEGRA Outstanding Personal Service Industry Experts No Commission Splits No Hidden Fees Lori J. Carpenter Advisor Relationship Manager (800) 255-8678 Direct: 704.716.8596 lcarpenter@abgcarolinas.com Mary Read CPC, QPA National Director of Qualified Plans Marketing 802-477-2018 mread@abgpentegra.com For Financial Professional Use Only – Not For Use With Public Training, custom plan proposals, prospecting and marketing materials are free. We are only a phone call away!
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CIRCULAR 230 DISCLOSURES The above information is not intended or written to be used, and it cannot be used, by any person for the purposes of avoiding any penalty that may be imposed by the Internal Revenue Service. In the event the advice is also considered to be a “marketed opinion” within the meaning of the IRS guidance, then as required by the IRS, please be further advised of the following: The above advice was written to support the promotion or marketing of the transactions or matters addressed by the written advice and, based on the particular circumstances, you should seek advice from an independent tax advisor. 23 For Financial Professional Use Only- Not For Use With Public
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