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22 Cards in this Set

  • Front
  • Back

Qualified plan employer advantages

Contributions are tax deductible and not subject to payroll tax

Qualified plan employee advantages

Pretax contributions


Tax deferral of earnings on contributions


ERISA protection


Lump sum distribution options

Highly compensated employee

More then 5% owner- including lineal family members


Compensation over $135k in prior plan year

50/40 test

Defined benefit plans


50 people or 40%

Key employee

Over 5% owner


Over 1% owner earning over $150k


Officer earning over $200k


Must be owner or officer

Defined benefit plans

Require actuary


Risk borne by employer


Forfeitures reduce plan costs


PBGC insurance


SS offset or excess


Commingled accounts


Favors older employees

Defined contribution plans

No actuary


Risk by employee


Forfeitures reduce plan cost or allocate to others


No PBGC


No credit for prior service


SS excess only


Seperate accounts


Favors younger

Which entities can establish 401k

Corporation


Partnership


LLC


Proprietorships


Tax exempt entities

Safe harbor

Cover over 70% NHC

Ratio test

%NHC/%HC over 70%

Avg benefits test

AB % NHC/ AB % HC over 70%

Exceptions to 10% penalty

Death


Age 59 1/2


Substantially equal periodic payments


Medical expenses over 7.5% of AGI


5k per taxpayer for birth or adoption


QDRO


Public safety employee after age 50


Age 55 and separation of service

Prohibited IRA transactions

Selling exchanging or leasing property to an IRA


Lending to an IRA


Receiving unreasonable compensation for managing an IRA


pledging an IRA as security for a loan


Borrowing from an IRA


buying property for personal use from an IRA

Short term disability time frames

8th day for illness, 1st day for accident


Lasts 6 months

Legal requirements for profit sharing plans

Forfeitures must be used to reduce ER contributions or reallocated to other employees


Employer deductions limited to 25% of participants covered compensation


Allocations to participants account cannot exceed 61k or 100% of compensation

Rules for non safe harbor 401k deferrals

Limit $20500 plus catch up


Non discrimination ADP test applies

Legal requirements for 401k plans

Employee contributions do not have to be made from profits


Employee elective deferral elections must be made before the compensation is earned


Hardship withdrawals are subject to 10% penalty


ADP tests can be avoided using special safe harbor provisions

Profit sharing plan vesting requirement

2-6 year graduated


3 year cliff


Or more generous

Maximum defined benefit

$245k or compensation


Or funding formula limit

403b long service catch up eligible organizations

Health, Education, Religious


HER

Aggregated RMD rules

Qualified plans must be taken separately


IRAs can be aggregated

Are 457b contributions deductible for the employer

No because the employer is tax exempt