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Chapter 19. Deferred Compensation. Qualified Plans (slide 1 of 11). Deferred compensation defined: Payments for services made available to the taxpayer after the period when services were performed. Qualified Plans (slide 2 of 11). Tax benefits of qualified deferred compensation plans

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Chapter 19

Chapter 19

Deferred Compensation


Qualified plans slide 1 of 11
Qualified Plans(slide 1 of 11)

  • Deferred compensation defined:

    • Payments for services made available to the taxpayer after the period when services were performed


Qualified plans slide 2 of 11
Qualified Plans(slide 2 of 11)

  • Tax benefits of qualified deferred compensation plans

    • Contributions are immediately deductible by the employer

    • Employees are not taxed on the contributions to the plan or income earned by the plan until payment is made available to them under the plan

    • Employer contributions to and benefits payable under qualified plans generally are not subject to FICA and FUTA taxes


Qualified plans slide 3 of 11
Qualified Plans(slide 3 of 11)

  • A variety of deferred compensation arrangements are offered to employees including:

    • Qualified profit sharing plans

    • Qualified pension plans

    • Cash or deferred arrangement plans

    • Simple IRAs and § 401(k) plans

    • Tax-deferred annuities

    • Incentive stock option plans

    • Nonqualified deferred compensation plans

    • Restricted property plans

    • Cafeteria benefit plans

    • Employee stock purchase plans


Qualified plans slide 4 of 11
Qualified Plans(slide 4 of 11)

  • Pension plans

    • Provide systematic payments of definitely determinable amounts

      • Employer contributions under a qualified pension plan must not depend on profits

      • Plan normally must pay benefits out as lifetime annuities to provide retirement income to retired employees

    • 2 types of pension plans

      • Defined benefit plan

      • Defined contribution plan


Qualified plans slide 5 of 11
Qualified Plans(slide 5 of 11)

  • Defined benefit pension plans

    • Annual contributions are made by the employer that will provide sufficient amounts to pay specified retirement benefits

    • Benefits based upon years of service and average compensation

    • Separate accounts for each employee are not maintained


Qualified plans slide 6 of 11
Qualified Plans(slide 6 of 11)

  • Defined contribution pension plans

    • The annual amount the employer must contribute is defined (e.g., a flat amount or a percentage of compensation)

    • Separate accounts must be maintained for each employee

    • The amount received upon retirement is dependent upon amounts contributed and income earned on contributions


Qualified plans slide 7 of 11
Qualified Plans(slide 7 of 11)

  • Profit sharing plans

    • Established to allow employees to participate in the profits of the company

    • Separate accounts are maintained for each employee


Qualified plans slide 8 of 11
Qualified Plans(slide 8 of 11)

  • Profit sharing plans

    • Definite predetermined formulas must be established for the allocation of contributions to and distributions from the plan

    • The company is not required to make annual contributions and contributions do not have to come from current profits


Qualified plans slide 9 of 11
Qualified Plans(slide 9 of 11)

  • Stock bonus plans

    • Established so that the employer can contribute shares of its stock

    • Subject to rules similar to profit sharing plans

    • Distributions must be in employer’s stock


Qualified plans slide 10 of 11
Qualified Plans(slide 10 of 11)

  • Qualification requirements

    • For a plan to be qualified, it must satisfy the following requirements:

      • Exclusive benefit requirement

      • Nondiscrimination requirements

      • Participation and coverage requirements

      • Vesting requirements

      • Distribution requirements

      • Minimum funding requirements


Qualified plans slide 11 of 11
Qualified Plans(slide 11 of 11)

  • Qualification requirements

    • The qualification requirements are highly technical and numerous

      • Thus, an employer should seek a determination letter from the IRS regarding a plan’s qualified status


Tax consequences to employee and employer slide 1 of 10
Tax Consequences to Employee and Employer(slide 1 of 10)

  • Employer contributions to qualified plans are generally deductible immediately

  • Amounts contributed are not taxable to employees until distributed

    • Tax benefit to the employee amounts to a substantial tax deferral

    • Another advantage of a qualified plan is that any income earned by the trust is not taxable to the trust

      • Employees are taxed on such earnings when they receive the retirement benefits

      • Taxation of amounts received by employees in periodic or installment payments is generally subject to the annuity rules


Tax consequences to employee and employer slide 2 of 10
Tax Consequences to Employee and Employer (slide 2 of 10)

  • Lump-sum distributions-generally taxable in year of distribution

    • Taxpayers who receive a lump-sum distribution from a qualified plan can roll over the benefits into an IRA or into another qualified plan

      • Defers tax on lump-sum distribution


Tax consequences to employee and employer slide 3 of 10
Tax Consequences to Employee and Employer (slide 3 of 10)

  • Limitations on contributions

    • Defined contribution plan

      • Lesser of $49,000 (in 2010) or 100% of employee’s compensation

      • Employer’s deduction limit cannot exceed 25% of eligible compensation


Tax consequences to employee and employer slide 4 of 10
Tax Consequences to Employee and Employer (slide 4 of 10)

  • Limitations on contributions

    • Defined benefit plan – max contribution deduction can be calculated in one of two ways

      • Aggregate cost method allows an actuarially determined amount, or

      • Normal cost plus up to 10% of past service costs


Tax consequences to employee and employer slide 5 of 10
Tax Consequences to Employee and Employer (slide 5 of 10)

  • Limitations on contributions

    • Defined benefit plan

      • Annual benefit payable under the plan is the lesser of $195,000 (in 2010), subject to certain limitations, or 100% of average compensation for the highest 3 years of employment

        • Compensation considered in averaging cannot exceed $245,000 (in 2010)

    • 10% penalty tax on excess contributions


Tax consequences to employee and employer slide 6 of 10
Tax Consequences to Employee and Employer (slide 6 of 10)

  • Limitations on contributions

    • Profit sharing plan or stock bonus plan

      • Maximum deduction permitted to an employer each year for contributions to profit sharing and stock bonus plans is 25% of compensation

        • Maximum compensation considered is $245,000 for 2010

        • The maximum deduction allowed is $49,000 in 2010


Tax consequences to employee and employer slide 7 of 10
Tax Consequences to Employee and Employer (slide 7 of 10)

  • §401(k) plans

    • Employee elects to receive cash (taxed currently) or have amount contributed (pretax) to a qualified plan

    • Limit for 2010 on employee contribution is $16,500

      • Amount is reduced by other tax-sheltered salary reduction plans

      • Person age 50 or over by year end may make catch-up contributions of up to $5,000 for 2006 and thereafter


Tax consequences to employee and employer slide 8 of 10
Tax Consequences to Employee and Employer (slide 8 of 10)

  • SIMPLE Plans

    • Employers with 100 or less employees and no other qualified plan

    • In form, §401(k) or IRA

    • Avoids nondiscrimination rules


Tax consequences to employee and employer slide 9 of 10
Tax Consequences to Employee and Employer (slide 9 of 10)

  • SIMPLE Plans

    • Employees make elective contributions (up to $11,500 in 2010) to plan

      • Contributions made as percentage of compensation

      • Distributions from plan taxed under IRA rules

    • Employers generally required to match contributions up to 3% of compensation or provide 2% nonmatching contributions

    • Person age 50 or over by year end may make catch-up contributions of up to $2,500 for 2006 and thereafter


Tax consequences to employee and employer slide 10 of 10
Tax Consequences to Employee and Employer (slide 10 of 10)

  • Designated Roth Contributions

    • Starting in 2006, § 401(k) plans and § 403(b) plans may be amended to permit employees to irrevocably designate some or all of their future salary deferral contributions as Roth § 401(k) or Roth § 403(b) contributions

      • These designated amounts are currently includible in the employee’s gross income and are maintained in a separate plan account

      • The earnings on these elective contributions build up in the plan on a tax-free basis

      • Future qualified distributions made from designated contributions are excludible from gross income


Retirement plans for self employed individuals slide 1 of 2
Retirement Plans for Self-Employed Individuals (slide 1 of 2)

  • H.R. 10 (Keogh) plans

    • Retirement plans for self-employed and their employees

    • Plan rules are similar to corporate provisions

    • Plan must be established before the end of the tax year, but contributions may be made up to the due date of the return


Retirement plans for self employed individuals slide 2 of 2
Retirement Plans for Self-Employed Individuals (slide 2 of 2)

  • Keogh (H.R. 10) plans (cont’d)

    • Contribution limitations

      • Defined contribution plan

        • Lesser of $49,000 (in 2010) or 100% of earned income

        • Profit sharing plans and stock bonus plan are limited to 25%

    • Defined benefit plans limit the annual benefit payable to the lesser of $195,000 (in 2010) or 100% of average compensation for 3 highest years


Individual retirement accounts slide 1 of 15
Individual Retirement Accounts(slide 1 of 15)

  • Contribution ceiling is lesser of $5,000 ($10,000 for spousal IRAs) or 100% of earned income

    • Person age 50 or over by year end may make catch-up contributions

      • Max contribution limit is increased by $1,000 for 2006 and thereafter

  • Deductible IRA contribution may be reduced if taxpayer is an active participant in another qualified plan

  • To extent individual is ineligible to make deductible contributions, a nondeductible IRA contribution may be made

    • Income accrues on account tax deferred


  • Individual retirement accounts slide 2 of 15

    If taxpayer is covered by a qualified plan, IRA deduction is phased out within the AGI ranges listed below:

    Phase-out beginsPhase-out ends

    Single & HH $56,000 $66,000

    MFJ 89,000 99,000

    MFS 0 10,000

    Individual Retirement Accounts(slide 2 of 15)


    Individual retirement accounts slide 3 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 3 of 15)

    • For distributions made in 2006 through 2009, an exclusion from gross income is available for traditional IRA distributions made to charity

      • The amount of the distribution that is eligible for this beneficial exclusion treatment is limited to $100,000


    Individual retirement accounts slide 4 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 4 of 15)

    • Roth IRA

      • Contributions are nondeductible

        • Maximum allowable annual contribution is the smaller of

          • $5,000 ($10,000 for spousal IRAs) or

          • 100% of the individual’s compensation for the year

      • Qualified distributions are tax-free after an initial five year holding period if:

        • Made on or after age 59 ½

        • Made to beneficiary on or after participant’s death

        • Participant becomes disabled

        • Used to pay for qualified first-time home buyer’s expenses ($10,000 limit)


    Individual retirement accounts slide 5 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 5 of 15)

    • Roth IRA (cont’d)

      • Other distributions may be taxable

        • Distributions first treated as nontaxable return of capital to extent of contributions

        • Remaining distribution treated as taxable payout of earnings


    Individual retirement accounts slide 6 of 15

    Roth IRA (cont’d) phased out within the AGI ranges listed below:

    Annual contributions are subject to phase out within the AGI ranges listed below:

    Phase-out beginsPhase-out ends

    Single $ 105,000 $120,000

    MFJ 167,000 177,000

    MFS 0 10,000

    Individual Retirement Accounts(slide 6 of 15)


    Individual retirement accounts slide 7 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 7 of 15)

    • Coverdell Education Savings Account

      • Distributions to pay for qualified education expenses (QEE) are tax-free

        • Exclusion may be available in year American Opportunity credit or lifetime learning credit is claimed

      • Maximum annual nondeductible contribution for a beneficiary is $2,000

        • No contributions allowed after beneficiary reaches 18 years of age

        • No contribution allowed in year contribution made to qualified tuition program for same beneficiary


    Individual retirement accounts slide 8 of 15

    Coverdell Education Savings Account phased out within the AGI ranges listed below:(cont’d) Annual contributions are subject to phase out within the AGI ranges listed below:

    Phase-out beginsPhase-out ends

    Single $95,000 $110,000

    MFJ 190,000 220,000

    Individual Retirement Accounts(slide 8 of 15)


    Individual retirement accounts slide 9 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 9 of 15)

    • Coverdell Education Savings Account (cont’d)

      • Distributions in excess of QEE are treated, pro rata, as a return of capital and a distribution of earnings

        • The exclusion for the distribution of earnings is calculated as follows:

          Exclusion = (QEE/Total Distributions) × Earnings

      • Qualified higher education expenses (QEE) include:

        • Tuition, fees, books, supplies and equipment

        • Room and board if enrolled for at least one-half of full-time course load


    Individual retirement accounts slide 10 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 10 of 15)

    • Simplified employee pension (SEP) plans

      • Employer contributes to employee’s IRA

        • Contribution limited to lesser of $49,000 (in 2010) or 25% of compensation

        • Subject to most restrictions of qualified plans

      • Elective contributions by employee are limited to $16,500 in 2010


    Individual retirement accounts slide 11 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 11 of 15)

    • Spousal IRAs

      • If both spouses have earned income, ceiling on deductible contributions is $10,000 or combined earned income

      • If only one spouse has earned income, ceiling is $10,000 or earned income of that spouse

      • Must file jointly to use spousal IRA rules


    Individual retirement accounts slide 12 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 12 of 15)

    • Alimony is considered to be earned income for purposes of IRA contributions

      • Thus, a person whose only income is alimony can contribute to an IRA

    • Timing of Contributions

      • Contributions (both deductible and nondeductible) can be made to an IRA anytime before the due date of the individual’s tax return (without extensions)


    Individual retirement accounts slide 13 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 13 of 15)

    • Taxation of Benefits

      • A participant has zero basis in deductible contributions to a traditional IRA because the contributions were deducted

        • Therefore, all withdrawals from a deductible IRA are taxed as ordinary income in the year of receipt

      • A participant has a basis equal to the contributions made for a nondeductible traditional IRA

        • Therefore, only the earnings component of withdrawals is included in gross income

        • Such amounts are taxed as ordinary income in the year of receipt


    Individual retirement accounts slide 14 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 14 of 15)

    • Distributions before age 59 1/2 subject to 10% penalty tax except to pay for:

      • Medical expenses in excess of 7.5% AGI

      • Qualified higher education expenses

      • Qualified first-time home buyer expenses up to $10,000

      • Health insurance premiums for person (and family) who has received unemployment comp for at least 12 consecutive weeks


    Individual retirement accounts slide 15 of 15
    Individual Retirement Accounts phased out within the AGI ranges listed below:(slide 15 of 15)

    • Rollovers

      • Distribution from qualified plan transferred within 60 days to IRA (or another qualified plan) not includible in gross income

      • One tax-free rollover from IRA within 12-month period

        • Direct transfers not subject to this limitation

      • Employer must withhold 20% of any lump-sum distribution that is not a direct transfer


    Nonqualified deferred compensation plans slide 1 of 3
    Nonqualified Deferred Compensation Plans phased out within the AGI ranges listed below:(slide 1 of 3)

    • New rules apply after 2004 to nonqualified arrangements that defer the receipt of compensation income

      • If the plan does not meet certain conditions in § 409A, all amounts deferred under the arrangement may be included in the participant’s gross income to the extent they are not subject to a substantial risk of forfeiture

      • In addition, a 20% penalty tax is imposed on such income along with interest at the underpayment rate plus 1%

    • In general, a § 409A deferral occurs where an employee has a legally binding right to compensation that has been deferred to the future


    Nonqualified deferred compensation plans slide 2 of 3
    Nonqualified Deferred Compensation Plans phased out within the AGI ranges listed below:(slide 2 of 3)

    • Golden parachutes

      • Defined: Excess severance payments

      • Employer is denied deduction for golden parachute payments if

        • Payment is contingent on change of ownership through a stock or asset acquisition

        • Aggregate present value of payment equals or exceeds three times the employee's average annual compensation

      • Disallowed amount is excess of payment over statutory base (five-year average taxable compensation) and a 20% excise tax is imposed on the recipient


    Nonqualified deferred compensation plans slide 3 of 3
    Nonqualified Deferred Compensation Plans phased out within the AGI ranges listed below:(slide 3 of 3)

    • Compensation limitations

      • Publicly traded companies have a limitation of $1 million on deductible compensation for each of the top 5 executives

      • Certain types of compensation are not subject to the limit

        • e.g., Commissions, certain performance-based amounts, qualified retirement plan contributions, and excludible amounts such as employee fringe benefits


    Restricted property plans slide 1 of 2
    Restricted Property Plans phased out within the AGI ranges listed below:(slide 1 of 2)

    • Restricted property plan defined:

      • Generally, an incentive compensation arrangement where the employee receives property (e.g., stock in the employer) at little or no cost

      • Time for inclusion in income is the earlier of:

        • When the property is no longer subject to substantial risk of forfeiture, or

        • When the property is transferable by the employee


    Restricted property plans slide 2 of 2
    Restricted Property Plans phased out within the AGI ranges listed below:(slide 2 of 2)

    • Employee can elect to recognize any ordinary income from the restricted property immediately

    • Employer is allowed a tax deduction at the same time the employee includes the compensation in income


    Stock options slide 1 of 5
    Stock Options phased out within the AGI ranges listed below:(slide 1 of 5)

    • Stock option defined:

      • The right to purchase a stated number of shares of stock at a certain price within a specified time period


    Stock options slide 2 of 5
    Stock Options phased out within the AGI ranges listed below:(slide 2 of 5)

    • Incentive stock options (ISO)

      • No tax consequences to issuer or recipient when granted

        • The spread between FMV and option price at exercise date is a tax preference item for AMT


    Stock options slide 3 of 5
    Stock Options phased out within the AGI ranges listed below:(slide 3 of 5)

    • Incentive stock options (ISO)

      • Employee will qualify for long-term capital gain treatment on the sale of stock received by exercising the option if stock is held more than

        • 2 years after the option is granted, or

        • 1 year after the option is exercised

      • May produce no compensation deduction for employer


    Stock options slide 4 of 5
    Stock Options phased out within the AGI ranges listed below:(slide 4 of 5)

    • Nonqualified stock options (NQSO)

      • NQSO are stock options that do not qualify as ISO

      • If the NQSO has an ascertainable value at the date of grant, it is included in the employee’s income on that date


    Stock options slide 5 of 5
    Stock Options phased out within the AGI ranges listed below:(slide 5 of 5)

    • Nonqualified stock options (NQSO)

      • If the NQSO does not have an ascertainable value at date of grant, employee will recognize ordinary income at the exercise date equal to the difference between FMV and the option price

      • Employer receives a deduction for the same amount as is included in the employee’s income



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