Tag Archive for: #1035exchange

Print Friendly Version Print Friendly Version

When Might A Cash Balance Plan Be A Good Fit?

When might a cash balance plan be a good fit?

ERISA consultants at the Retirement Learning Center (RLC) Resource Desk regularly receive calls from financial advisors on a broad array of technical topics related to IRAs, qualified retirement plans and other types of retirement savings and income plans, including nonqualified plans, stock options, and Social Security and Medicare.  We bring Case of the Week to you to highlight the most relevant topics affecting your business.

A recent call with an advisor in Illinois is representative of a common question related to cash balance plans. The advisor asked: “I know cash balance plans are growing in popularity. What types of business owners might be a good fit for a cash balance plan?”

Highlights of Discussion

The question of whether to set up a qualified retirement plan has important tax ramifications. Therefore, business owners would be best served by seeking the guidance of a tax professional when making such a decision.

A cash balance plan requires an adopting business to fund the plan to provide participants with a promised retirement benefit. Therefore, cash balance plans are most popular among smaller, well-established firms that have significant and consistent cash flow, for example,

  • Law firms,
  • Medical groups (e.g., radiologists or imaging centers, anesthesiologists, orthopedics, gastroenterologists, etc.)
  • Engineering groups,
  • CPA and accounting firms,
  • Capital investment groups,
  • Architects, and
  • Professional consultants.

Generally, they also work well for older small business owners who are no longer making heavy investments in their businesses, and have significant amounts of pass-through income, resulting in high tax bills.

To determine suitability for a cash balance plan, consider the following questions. The more “yes” responses the greater the possibility a business could benefit from having a cash balance plan.

 

As the table below illustrates, cash balance plans can allow much higher levels of contributions than a profit sharing or 401(k) plan. That equates to higher tax deductions for business owners. For some businesses, having both a defined contribution and cash balance plan may be appealing.

Conclusion

There are some key characteristics to look for in a business owner when evaluating whether a cash balance plan might be a good fit. For the right candidate, a cash balance plan—or even a combination cash balance and defined contribution plan—can provide significant benefits. Above all, whether to set up a qualified retirement plan is an important tax-related question that a business owner should only answer with the help of his or her tax professional.

© Copyright 2024 Retirement Learning Center, all rights reserved
Print Friendly Version Print Friendly Version

1035 Exchanges

“ What is a 1035 exchange of an annuity contract, and can they apply to a 401(k) plan?”

ERISA consultants at the Retirement Learning Center Resource Desk regularly receive calls from financial advisors on a broad array of technical topics related to IRAs, qualified retirement plans and other types of retirement savings and income plans, including nonqualified plans, stock options, and Social Security and Medicare.  We bring Case of the Week to you to highlight the most relevant topics affecting your business.

A recent call with a financial advisor from Maryland is representative of a common inquiry related to 1035 exchanges of annuity contracts. The advisor asked: “What is a 1035 exchange of an annuity contract, and can they apply to a 401(k) plan?”

Highlights of Discussion

What follows is not tax advice. For specific tax questions, please seek guidance from a tax and/or legal advisor. Generally, in a 1035 exchange, the owner of a “non-qualified” annuity (or life insurance, endowment or qualified long-term care insurance) contract can transfer the existing contract to a new contract, without owing taxes on the amount transferred [IRC § 1035(a) and Treasury Regulation (Treas. Reg.) §1.1035–1 ]. The table below outlines the acceptable exchanges.

The IRS has generally held that 1035 exchanges of annuity contracts are only available for non-qualified contracts (i.e., those not held within an IRA or qualified retirement plan). IRC §1035(a) does not apply to qualified annuities like those held by IRAs, 401(k)s or 403(b)s due, in part, to the special rollover and transfer rules applicable to qualified arrangements (see Private Letter Rulings 9241007 and 9233054, and General Counsel Memorandum 39882).

Conclusion

A 1035 exchange is a tax-free swap of certain non-qualified insurance contracts for another contract under IRC §1035(a). Contracts held in qualified arrangements such as IRAs and 401(k) plans would not qualify for a 1035 exchange. Please seek tax and/or legal advice for specific cases.

© Copyright 2024 Retirement Learning Center, all rights reserved