Roth Qualifying Distribution (no tax/penalty)
All outside Roths have same holding period. Roth 401ks have their own holding period
Roth IRA Non Qualifying Distribution (taxes)- best out first (basis, conversions then earnings) ( you don’t really pay tax on the basis or conversions since you already paid tax on them)
Roth 401K Non Qualifying Distribution (taxes) - pro -rata based on
Roth IRA Qualifying Distribution Triggers
Simples
IRS example deferral vs. covered comp limit
SImple IRA
Subject to early withdrawl penalties of 25% (rather than 10%) if withdrawal is within the first two years of the employee’s participation in the plan
Distributions Prior to 59 ½
non - qual. distr. from Roth IRA
Qualified Roth IRA Dist. - distribution is made after a 5 year taxable period (contribution made at beginning of that year) AND age 59.5, death, disability or first time home purchase (max 10K)
Roth Non-Qualfi. Dist. Ex
Earnings can be withdrawn tax-free if you are at least age 59 1/2 and you’ve had your Roth for five years or more. Withdrawals of earnings are also tax-free if you are disabled, you inherited the Roth, or you use the distribution to buy or rebuild a first home.
First home = tax and penalty free from Roth
True/False. Must have earned income to contribute to a Traditional or Roth IRA
True. Non-working spouse can use earned income of other spouse to qualify.
Deductibility of IRAs can be limited if the Taxpayer is an active participant in an employer sponsored plan.
True/False: RAs, SEPs, SIMPLEs and 403(b) Plans are not qualified plans.
True.
Active Participant
Active Participant Status
*Remember, being an active participant will limit deductibility on outside IRAs
Calculation of IRA Deduction
Fred is single, age 38, and an active participant in his employer’s qualified retirement plan. His AGI for 2022 is $70,000, and he makes the maximum contribution to his traditional IRA. What is Fred’s deductible IRA contribution?
Reduction = Contribution Limit x [(AGI - Lower Limit) ÷ Phaseout Range*]
Reduction = $6,000 x [($70,000 - $68,000) ÷ $10,000] = $1,200
Deduction = $6,000 - $1,200 = $4,800
*Phaseout Range is the difference between the upper and lower limits of the phaseout. $78,000 - $68,000 = 10,000
IRA Deductiubiilty
Rob, age 32 and Sara, age 31 are married and are active participants. They file a joint return and have AGI of $110,000 for 2022. Both Rob and Sara make the maximum contribution to their respective traditional IRAs in 2022. What is their deductible IRA contribution?
Reduction = Contribution Limit x [(AGI - Lower Limit) ÷ Phaseout Range]
Reduction = $6,000 x [($110,000 - $109,000) ÷ $20,000] = $300
Deduction = $6,000 - $300 = $5,700 Each!!!
*Phaseout range for MFJ is $109,000 - $129,000 = 20,000
Phaseout Tip: AGI Phaseout for MFJ is $109 - $129k for 2022.
TRue/False. Owner may continue to fund Roth after attaining age 72, assuming they have earned income.
True
403(b) Plans - Tax Sheltered Annuities
403(b) or Tax Sheltered Annuities are retirement plans for the following:
Tip: 403(b) plans are commonly referred to as “401(k)s for schools and tax-exempt organizations,” although there are many differences.
403B very similar to 401k plans (because they are considered a CODA plan - listed under same 415 limits)
Tip: Investment choices that are available in a 403b are limited!
457 Plans
Section 457 of the Internal Revenue Code allows employees of state and local governments and employees of tax-exempt nongovernmental entities to save tax-deferred compensation for retirement.
457 plans work in many ways like 401(k)s and 403(b)s. Employees contribute a portion of their salary through a payroll reduction.
The annual amount that an employee may contribute is limited (except for ineligible 457(f) plans explained below), and employee elective deferral contributions are not includible in an employee’s gross income in the year earned but are deferred until paid out or made available to the employee.
457 plans are not “qualified plans” and, thus, are not subject to many of the eligibility standards of the Internal Revenue Code, including such requirements as nondiscrimination, minimum participation, and funding and vesting standards.
A 457 plan is a “nonqualified” deferred compensation plan.
If you have multiple CODAs (401k and 403b) you will be limited to the $20,500 (elective deferrral) contribution limit across both plans
There is a shared CODA or Section 415 limit. Another example or a CODA is a profit sharing plan
Any plan that allows a participant to make a cash or deferred election has a CODA. Only a profit-sharing, stock bonus, pre-ERISA money purchase pension plan or a rural cooperative plan may contain a CODA.
Employee Fringe Benefits
Taxation of Fringe Benefits
The value of a fringe benefit provision is:
Nondiscrimination
Examples of Fringe Benefits
Meals
Meals provided to an employee for the benefit of the employer.
The value of the meal is excludable from the employee’s gross income if the meals are furnished:
Under TCJA, employers may only be allowed to deduct 50% of these meals. As an alternative, the employer may include the meal as income and still receive 100% of the deduction.
Advantages to Group Benefits
COBRA Provisions
60 days
Q8: How long do I have to elect COBRA coverage? If you are entitled to elect COBRA coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.
Group Disability Insurance
Cafeteria Plan
Cafeteria Plan
A written plan that allows employees to receive cash (as compensation) or defer receipt of the cash to purchase various tax-free fringe benefits.
Cafeteria plans are deductible expenses for the employer.
The value of fringe benefits purchased are excluded from employee’s taxable income, and are not subject to payroll taxes.
Cash received by the employee is taxable income and is subject to payroll taxes.
A cafeteria plan must be nondiscriminatory.
Flexible Spending Accounts (FSAs)