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Active Plan Participation May Affect IRA Deductibility

“Active participation in an employer’s retirement plan can affect whether an IRA contribution made by the participant is deductible on the tax return. What does ‘active participation’ mean?”

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 plans.  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 Minnesota is representative of a common inquiry involving a taxpayer’s ability to make a deductible IRA contribution.

Highlights of Discussion

This is an important tax question that can only be answered definitively by a person’s own tax advisor.  Generally speaking, for purposes of the IRA deduction rules, an individual is an “active participant” for a taxable year if either the individual or the individual’s spouse actively participates during any part of the year in a(n)[1]

  • Qualified plan described in Internal Revenue Code Section [IRC §401(a)], such as a defined benefit, profit sharing, 401(k) or stock bonus plan;
  • Qualified annuity plan described in IRC §403(a);
  • Simplified employee pension (SEP) plan under IRC §408(k);
  • Savings incentive match plan for employees (SIMPLE) IRA under IRC §408(p);
  • Governmental plan established for its employees by the federal, state or local government, or by an agency or instrumentality thereof (other than a plan described in IRC §457);
  • IRC §403(b) plan, either annuity or custodial account; or
  • Trust created before June 25, 1959, as described in IRC §501(c)(18).

When an individual is considered active depends on the type of employer-sponsored plan.

Profit Sharing or Stock Bonus Plan:   During the participant’s taxable year, if he or she receives a contribution or forfeiture allocation, he or she is an active participant for the taxable year.

Voluntary or Mandatory Employee Contributions:  During the participant’s taxable year, if he or she makes voluntary or mandatory employee contributions to a plan, he or she is an active participant for the taxable year.

Defined Benefit Plan: For the plan year ending with or within the individual’s taxable year, if an individual is not excluded under the eligibility provisions of the plan, he or she is an active participant for that taxable year.

Money Purchase Pension Plan: For the plan year ending with or within the individual’s taxable year, if the plan must allocate an employer contribution to an individual’s account he or she is an active participant for the taxable year.

Refer to IRS Notice 87-16 for specific examples of active participation.

As a quick check, Box 13 on an individual’s IRS Form W-2 should contain a check in the “Retirement plan” box if the person is an active participant for the taxable year.

If an individual is an active participant, then the following applies for IRA contribution deductibility.  The maximum traditional IRA contribution for 2020 and 2021 is $6,000 for those under age 50 and $7,000 for those age 50 0r greater.

IF your filing
status is …
AND your modified adjusted gross income (modified AGI)
is …
THEN you can take …
single or
head of household
$65,000 or less a full deduction.
more than $65,000
but less than $75,000*
a partial deduction.
$75,000 or more no deduction.
married filing jointly or
qualifying widow(er)
$104,000 or less a full deduction.
more than $104,000
but less than $124,000**
a partial deduction.
$124,000 or more no deduction.
married filing separately2 less than $10,000 a partial deduction.
$10,000 or more no deduction.
Not covered by a plan, but married filing jointly with a spouse who is covered by a plan  $196,000 or less a full deduction.
  more than $196,000
but less than $206,000***
a partial deduction.
Source:  IRS 2020 IRA Deduction Limits

 

$206,000 or more no deduction.
*$66,000-$76,000 for 2021; **$105,000-$125,000 for 2021; and ***$198,000-$208,000 for 2021

 

Conclusion

Participating in certain employer-sponsored retirement plans can affect an individual’s ability to deduct a traditional IRA contribution on an individual’s tax return for the year. The IRS Form W-2 should indicate active participation in an employer-sponsored retirement plan. When in doubt, taxpayers should check with their employers.

 

 

[1] See www.legalbitstream.com for IRS Notice 87-16

 

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PPP Loan and Deductible Employer Contributions

“My client received a PPP loan for his small business to help cover payroll expenses. He maintains a safe harbor 401(k) plan, and is wondering whether the business can use some of the PPP loan to make the contribution and deduct the full amount of the 401(k) employer safe harbor contribution?”

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 a financial advisor from Massachusetts is representative of a common inquiry related to the Paycheck Protection Program (PPP) loan.

Highlights of the Discussion

This question can only be fully answered by your client’s tax professional and/or CPA.  The following response provides some general information on the topic based on the guidance issued to date. It’s for informational purposes only and cannot be relied upon as tax advice.

As to the first question, we have confirmation (from IRS Q&A 7 of the General Loan Forgiveness FAQs and Line 7 of the PPP Schedule A of the revised loan forgiveness application that the employer-provided portion of retirement contributions (either defined contribution or defined benefit) are considered “eligible payroll costs,” and can count toward loan forgiveness if they are incurred or paid during the Covered Period or the Alternative Payroll Covered Period, and meet certain other criteria. Employee salary deferrals are excluded for this purpose. Note that payroll costs that were incurred during the Covered Period or the Alternative Payroll Covered Period that are paid after the Covered Period or the Alternative Payroll Covered Period still may count toward loan forgiveness if they are paid on or before the next regular payroll date after the Covered Period or Alternative Payroll Covered Period.

For each individual employee, the total amount of cash compensation eligible for forgiveness may not exceed an annual salary of $100,000, as prorated for the Covered Period. Be aware of the special cap on business owner (i.e., owner-employee or self-employed individual/general partner) compensation that applies for determining loan forgiveness (i.e., $20,833 per individual in total across all businesses in which he or she has an ownership stake during the 24-week period, or $15,385 if an 8-week period is elected).  Also, the treatment of retirement plan contributions made on behalf of such business owners depends on the type of business entity (e.g., C-Corp, S-Corp, Self-Employed, LLC, etc. Please see IRS Q&A 8 of the General Loan Forgiveness FAQs for more details).

As to the issue of deductibility, prior to the Consolidated Appropriations Act of 2021 (the Act), the IRS took the position (in Notice 2020-32 and Revenue Ruling 2020-27) that if a business uses a PPP loan for eligible expenses that would otherwise be deductible, the business could not also take the tax deduction. That would be double dipping because the PPP loan, once forgiven, is not taxable income to the business.

That stance has changed under the Act. Forgiven PPP loans will not be included as taxable income; and expenses paid with the proceeds of a PPP loan that is forgiven are tax-deductible. For example, employer contributions to a retirement plan that are used for PPP loan forgiveness are also deductible by the business. The change covers not only new loans but also existing and prior PPP loans, reversing previous guidance from the IRS, which did not allow deductions on expenses paid for with PPP proceeds. In addition, any income tax basis increase that results from the borrower’s PPP loan will remain even if the PPP loan is forgiven.

Conclusion

The PPP loan story for small business owners who receive them continues to evolve, making regular contact with a tax advisor essential. A new change under the Act affects the deductibility of employer contributions to retirement plans that are applied towards PPP loan forgiveness.

 

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retirement pension
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Plan Participation and IRA Contributions

 Plan Participation and IRA Contributions

“A client of mine who participates in a 401(k) plan at work was told by his tax preparer that he cannot make an IRA contribution.  Is that correct?”

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 and qualified retirement plans. We bring Case of the Week to you to highlight the most relevant topics affecting your business.

  • If your client is under age 70 ½ and has earned income for the year of contribution, he is eligible to make a traditional IRA contribution, provided he does so by the contribution deadline.  But because he participates in a 401(k) plan, the contribution may not be fully tax deductible.
  • Deductibility of a traditional IRA contribution depends on whether the individual (or his or her spouse) is an active participant in an employer-sponsored plan, tax filing status and the amount of modified adjusted gross income (MAGI) for the year (IRC Sec. 219(g).

Deductibility of a 2016 traditional IRA contribution when the individual (or spouse) is covered by a workplace retirement plan

IF your filing
status is …
AND your modified adjusted gross income (modified AGI)
is …
THEN you can take …
single or
head of household
$61,000 or less a full deduction.
more than $61,000
but less than $71,000*
a partial deduction.
$71,000 or more no deduction.
married filing jointly or
qualifying widow(er)
$98,000 or less a full deduction.
more than $98,000
but less than $118,000**
a partial deduction.
$118,000 or more no deduction.
married filing separately2 less than $10,000 a partial deduction.
$10,000 or more no deduction.
Not covered by a plan, but married filing jointly with a spouse who is covered by a plan  $184,000 or less a full deduction.
more than $184,000
but less than $194,000***
a partial deduction.
Source:  IRS 2016 IRA Contribution and Deduction Limits $194,000 or more no deduction.

*$62,000-$72,000 for 2017; **$99,000-$119,000 for 2017; and ***$186,000-$196,000 for 2017

 

Conclusion

If a person meets the age and income requirements for a year, he or she is eligible to make a traditional IRA contribution by the deadline.  But the tax deductibility of the contribution will be affected by participation in a workplace retirement plan, tax filing status and MAGI.

 

 

 

 

 

 

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