Tag Archive for: Earned Income

Print Friendly Version Print Friendly Version

Plan Establishment and “Compensation”

“My client is a shareholder in an S-Corporation. Can the business still set up a retirement plan for 2022 and can she contribute to the plan based on her S-Corporation distributions?”

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 Georgia is representative of a common inquiry related to setting up and contributing to qualified retirement plans.

Highlights of the Discussion

Because this question deals with specific tax information, business owners and taxpayers should always seek the guidance of a tax professional for advice on their specific situations.  What follows is general information based on IRS guidance and does not represent tax or legal advice, and is for informational purposes only.

With respect to setting up a plan for 2022, the short answer is, yes, provided the S-Corporation has an extension to file its 2022 tax return. Regarding contributions for your client, she could not base plan contributions on her S-Corporation distributions for 2022. She could only receive a contribution if she also had wages as an employee, which were reported on Form W-2, Wage and Tax Statement. (Please refer to Retirement Plan FAQs Regarding Contributions – S Corporation.)

Now for a bit of background. Under the SECURE Act 1.0, for 2020 and later tax years, a business has until its tax filing deadline, plus extensions for a particular tax year, to set up a plan. The plan establishment deadline is tied to the type of business entity and its associated tax filing deadline as illustrated below. [Note: Simplified employee pension (SEP) plans have historically followed the below schedule; and special set-up rules apply for SIMPLE and safe harbor 401(k) plans.]

Business Tax Status IRS Business Tax Filing Form Filing Deadline (and deadline to establish a retirement plan unless an extension to file applies) Extended Filing Deadline (and latest deadline to establish a retirement plan) Starting Point for Compensation or Earned Income for Plan Contributions
S-Corporation (or LLC taxed as S-Corp) Form 1120-S, U.S. Income Tax Return for an S Corporation

 

March 15 September 15 Form W-2, Wage and Tax Statement

 

Partnership (or LLC taxed as a partnership) Form 1065, U.S. Return of Partnership Income

 

March 15 September 15 Schedule K-1 (Form 1065), Partner’s Share of Income, Deductions, Credits, etc. *

See adjustments below

C-Corporation (or LLC taxed as C-Corp) Form 1120, U.S. Corporation Income Tax Return

 

April 15 October 15 Form W-2, Wage and Tax Statement

 

Sole Proprietorship (or LLC taxed as sole prop) Form 1040, U.S. Individual Income Tax Return with Schedule C

 

April 15 October 15 Schedule C (Form 1040), Profit or Loss from Business (Sole Proprietorship)

 

Schedule F (Form 1040), Profit or Loss From Farming

See adjustments below

*Not to be confused with Schedule K-1 for Forms 1120s or 1041

The definition of compensation for contribution purposes for unincorporated business owners (i.e., sole proprietors or partners) is unique  [IRC 401(c)(2)(A)]. It takes into consideration earned income or net profits from the business [reported on Schedule C (Form 1040), Schedule F (Form 1040) or Schedule K-1 (Form 1065)], which then must be adjusted for self-employment taxes. The result is the individual’s “adjusted net business income (ANBI).” A retirement plan uses ANBI to allocate plan contributions. Please see the worksheets for self-employed individuals in IRS Publication 560, Retirement Plans for Small Businesses.

And here’s something owner-only businesses can look forward to because of the SECURE Act 2.0 of 2022 (SECURE 2.0). Effective for plan years beginning after December 29, 2022, Section 317 of SECURE 2.0 allows sole proprietors or single member LLCs to make retroactive first year elective deferrals up to the date of the employee’s tax return filing date for the initial year. Currently, this is an issue as explained in a prior Case of the Week Establishing a Solo 401(k) Plan.

Conclusion

Pass-through businesses, including sole proprietorships, partnerships, limited liability companies and S-corporations have several special considerations with respect to setting up and contributing to retirement plans. Tax advisors and other financial professionals with expertise in this area can really add value and set themselves apart from the comp

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

CARES Act Payment and IRA Contributions

“My client wants to know the following:  ‘Can I use my $1,200 Coronavirus Aid, Relief, and Economic Security (CARES) Act payment to make an IRA contribution? My other income comes from Social Security, pension payments and interest income payments.’”

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 Nevada is representative of a common inquiry related to IRA contributions.

Highlights of the Discussion

Unfortunately, no, the CARES Act payments are actually “Recovery Rebates” or “credit against taxes,” according to Section 2201 of the CARES Act and, therefore, would not be considered earned income for IRA contribution purposes [see Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs)].  An individual must have wages or self-employment income to make an IRA contribution. Wages and self-employment income are commonly referred to as earned income.  Social Security, pension and interest income are not considered earned income for IRA contribution purposes, either.

The CARES Act payments are an early credit on a tax filer’s 2020 tax liability. The IRS will use the tax filer’s 2018 tax return to determine benefits, unless the individual or couple has already filed their 2019 Federal tax return. Individuals who are not dependents may receive up to $1,200 (i.e., single filers and heads of households); joint filers can receive up to $2,400; and there is an additional rebate of $500 per qualifying child, if they have adjusted gross income (AGI) under $75,000 (single), $150,000 (joint), or $112,500 (heads of household) using 2019 tax return information. The rebate phases out by $50 for every $1,000 of income earned above those thresholds.

If your client had some self-employment or even part-time wage income from actual service performed, then an IRA contribution based on such income would be feasible.

Conclusion

What can and cannot be used as eligible earned income to support an IRA contribution can be confusing. While CARES Act Recovery Rebates are welcome relief, they are not considered income for IRA contribution purposes.

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

Deferral election timing for the self employed

“Several of my clients are self-employed and have 401(k) plans. What is the date by which a self-employed individual must make his or her salary deferral election?”

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 Nevada is representative of a common inquiry related to 401(k) plan salary deferral elections.

Highlights of the Discussion

Special rules regarding salary deferral elections apply to self-employed individuals (e.g., sole proprietors or partners). They must make their cash or deferred elections no later than the last day of their tax year (e.g., by December 31, 2018, for a 2018 calendar tax year). The timing is connected to when the individual’s compensation is “deemed currently available” [see Treasury Regulation Section (Treas. Reg. §) 1.401(k)-1(a)(6)(iii)].

Often a self-employed individual’s actual compensation for the year is not determined until he or she completes his or her tax return, which, in most cases, is after the end of the partnership or individual’s taxable year. However, the IRS deems a partner’s compensation to be currently available on the last day of the partnership taxable year and a sole proprietor’s compensation to be currently available on the last day of the individual’s taxable year. Therefore, a self-employed individual must make a written election to defer compensation by the last day of the taxable year associated with the partnership or sole proprietorship.

EXAMPLE

A partner can make a cash or deferred election for a year’s compensation any time before (but not after) the last day of the year, even though the partner takes draws against his/her expected share of partnership income throughout the year.

There are also special rules that address when salary deferrals for self-employed individuals are treated as made to the plan (versus when they may actually be made). Treas. Reg. §1.401(k)-2(a)(4)(ii) states that an elective contribution made on behalf of a partner or sole proprietor is treated as allocated to the individual’s plan account as of the last day of the partnership or sole proprietorship’s taxable year.

With respect to the DOL’s deferral deposit deadline, deferrals for self-employed individuals must be deposited as soon as they can be reasonably segregated from the business’s general assets. The DOL’s safe harbor for plans with fewer than 100 employees also applies. Therefore, as long as the deferrals are transmitted within seven business days after the amounts are separated from the business’s assets, the contributions are deemed timely made.

From the IRS’ tax perspective, in no event can the deferrals be deposited after the deadline for filing the business’s tax return, plus extensions.

Conclusion

With respect to making a salary deferral election, a self-employed individual must do so no later than the last day of his or her tax year. The election should be documented in writing for proof in the event the plan later undergoes an audit. Therefore, those self-employed individuals following a calendar tax year must be sure to execute their written deferral elections by December 31, 2018!

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

The Golden Age of Pensions: Another Fairy Tale

By W. Andrew Larson, CPC

Retirement Learning Center

 

Independent thought leadership—it’s not just a lame tagline to us.  At the Retirement Learning Center, we believe thought leadership must go beyond simply parroting the common media narrative. That’s why in this and future blog posts, as well as elsewhere, we strive to rise above the inane chatter to explore and challenge the real retirement-related issues and trends facing consumers and the industry in general.

“We are in a retirement crisis!” “401(k) plans have failed!” Media outlets frequently chant both of these mantras. Often underlying these assertions is the subtext that we need to return to the good old, defined benefit pension plan days when retirees lived happily ever after, supported by their generous pension checks.  Images of contented pensioners enjoying their golden years with golf, gardening, shuffleboard and an occasional game of bingo may warm the heart—but are not accurate.

Sadly, this vision of a blissful, pension-supported retirement world is—for the most part—a fantasy. Very few, lucky individuals actually experienced the good old pension days. It’s time to face reality and dispel some long-held myths associated with defined benefit plans so that we can get on to real-world solutions.  

Myth #1. Once upon a time most people retired with a pension.

  • Reality check: As with many myths, this one contains a grain of truth. Until the late 1970s, a larger percentage of the workforce was, in fact, participating in defined benefit plans over other types of retirement savings arrangements. According to the Employee Benefits Research Institute, the high-water mark of defined benefit plan coverage in the private sector probably occurred in 1980 when nearly 35 million workers were covered by defined benefit pension plans. This represented 46 percent of the private sector workforce. Since that time the overall pension coverage rate has declined. The Bureau of Labor Statistics reports fewer than 18 percent of private sector workers are currently covered by pension plans.
  • The important take away is the misleading nature of the pension coverage statistic. Pension coverage does not necessarily equate to ultimately receiving a pension benefit. Many workers may have been covered by pensions in the past, but few ever received a benefit.

Why?

One simple answer is the pension rules were different back in the 70s and 80s than they are today.  Let me illustrate with a personal example.

In the 1970s, I worked at a grocery store stocking shelves and carrying out groceries. Despite the part-time status of the job I participated in the Amalgamated Meat Cutters Pension Plan. I was one of the 46 percent of workers covered by a pension plan. However, after I left employment at the store I received no pension benefit. I didn’t work there long enough and had to leave my benefit behind. My former employer used this “left behind” amount to help pay for benefits of participants with 30 years of service. These amounts became what are now called forfeitures.

Under the old defined benefit plan rules, in some cases, eligibility to receive a benefit required 30 years of service and employment with the plan sponsor through the retirement age of 65. Workers leaving before retirement usually got nothing, and their accruals were used to fund benefits for those who retired and earned a benefit. In fact, only about 10 percent of the covered workers ever stayed long enough to receive a benefit. If you made it to age 65, and had enough service—congratulations—you got a monthly check!

The forfeitures helped control plan costs by reducing the size of employer contributions. So, while fewer people received benefits in the old days, the dollars left behind helped keep plans more affordable for employers. As a result of modern-day vesting and accrual rules, many more employees who separate early—even before retirement age—still receive at least some benefit.  Consequently, with fewer forfeitures today plan sponsors need to increase their contributions. Do you see the trade off? Under the modern rules, because less money is left behind, the plan is more expensive for the plan sponsor (and less appealing). There is no such thing as a free lunch.

Myth #2. Pension benefits were generous back in the good old days.

Actually, benefits were quite modest. According to study by Walter Kolodrubetz, published in the Social Security Journal, the average pension benefit was about $137 a month up until 1970. The Pension Rights Center’s research indicates the current monthly benefit today is approximately $781 a month.

Adding insult to injury, most pre-1970s retirees lost half their purchasing power during the inflationary surge of the 70s and early 80s. As an example, a retiree with a $1,000 monthly pension check in 1970, by the early 80s had about $160 of inflation-adjusted buying power. In other words, during this period, inflation eroded about 86 percent of retirees’ buying power.

This brings us back to reality. There never really was a golden age for pension plans.  And, today, defined benefit plans are becoming too expensive for employers to continue. Pensions are not coming back. So, what should be done?

First of all, we need to challenge proponents of the “let’s bring back pensions” notion. Demographics and economics make that idea a nonstarter.

Next, we should propose and advocate modern 401(k)/IRA enticements, designs and products to enhance retirement readiness, such as

  • Automatic enrollment,
  • Automatic escalation,
  • Automatic investment,
  • Lifetime income options,
  • Availability of saver’s credits,
  • Expansion of multiple employer plans (MEPs), and
  • Incorporating HSAs into retirement planning.

So let’s focus on developing strategies and policies that fit in the real world.

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

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.

 

 

 

 

 

 

© Copyright 2024 Retirement Learning Center, all rights reserved