A SEP May Be The Way To Save On 2017 Taxes

In today’s tight job market, small business owners are in competition to attract and retain top employees with robust employee benefit packages. Many larger businesses find the best approach to meeting their employees’ retirement saving needs is a “qualified” pension or profit-sharing plan. Qualified plans provide an array of features that help employers achieve a range of objectives. However, these plans also involve reporting and recordkeeping requirements, along with administrative expense.

On the other hand, many businesses don’t need every feature offered by a qualified plan. The most appropriate plan for these employers may be one that delivers an attractive benefit with minimal administration and expense. In addition, if employees would like to defer income, the SIMPLE Individual Retirement Account (IRA) may be a cost-effective solution. However, small business owners and sole proprietors may want to consider the Simplified Employee Pension (SEP), an equally effective option.

Is a SEP Right for You?

In 1978, Congress created SEPs as an alternative to traditional retirement plans. Rather than setting up a profit-sharing or money purchase plan with a trust, small business owners can establish a SEP and make contributions directly to a traditional IRA set up for each eligible employee (including themselves). SEPs provide similar advantages to profit-sharing plans, but since the employee controls the IRA, the employer is not responsible for detailed recordkeeping and reporting.

While SEPs are usually most appropriate for small businesses and self-employed individuals, any business (including C corporations,
S corporations, partnerships, and sole proprietorships) can establish a SEP. Unlike a qualified pension or profit-sharing plan, which must be established no later than the last day of the plan year, an employer can establish a SEP plan up until their tax filing deadline, including extensions, which means you may still have time to set one up for 2017!

Establishing a SEP is relatively straightforward. In most cases, the business owner completes an IRS Form 5305-SEP, which is used to set the age and service requirements for plan participation, along with the formula for allocating contributions. Once completed, a copy of this document, in addition to other SEP information, is given to each eligible employee to satisfy legal disclosure requirements.

Participation Requirements

Small business owners may establish age or service eligibility requirements for their plans (in order to retain your employees); however, these eligibility requirements may not be more restrictive than those set forth within IRS form 5305-SEP. The employer may exclude all employees covered by a collective bargaining agreement (if retirement benefits were the subject of good faith bargaining), those under age 21, any employees who have not performed services for the employer in at least three of the previous five years, and employees who have received less than $550 in compensation for the current year.

Contributions to a SEP are allocated to eligible employees in proportion to compensation, with each receiving the same percentage of pay. Employer contributions are always 100% vested. These contributions can be substantial, up to the lesser of 25% of an employee’s compensation (limited
to $270,000 or $54,000 in 2017).

A SEP can provide a substantial tax planning opportunity for the owner. Consider the following example: A CrossFit Affiliate with $250,000 of net income for 2017 that will be passed through to its owner(s) (LLC taxed as S Corp.). Assuming the owner is single with no other income, a $25,000 contribution to a SEP would result in $8,250 of tax savings realized by the owner(s) (Based on 33% marginal tax rate). In other words, a $25,000 contribution towards the owners’ retirement only costs the owner $16,750!

Because contributions are discretionary, employers can vary the amount from year to year, or skip the contribution entirely; however, if the employer makes a contribution in a given year, it must be made for all eligible employees who performed services during the year of the contribution. It is important to note that contributions for self-employed individuals are subject to additional limitations.

If you are a small business owner who values simplicity, wants to retain key employees and get a tax brake for doing, a SEP may be an appropriate choice. For more information, please contact me at ivan@otbfinancialplanning.com. If you found this article helpful, sign up for our newsletter to receive the latest strategies and insights.

A Tax-Deductible Buy-Sell Agreement

One of the critical needs of a small business is to protect against the untimely death of an owner. This is important because the family of the owner may face a large tax bill, and may not have the liquidity to pay the tax. To make matters worse, it may not be desirable for the deceased owner’s family to have a hand in running the business and surviving owner may not have enough cash for a buyout.

This problem can be solved with a well designed buy-sell agreement. Although there are a variety of ways to structure such an arrangement, the two most common approaches are the stock redemption and the cross-purchase plans. Because of leverage and tax efficiency, these plans are often funded with life insurance. Insurance can provide both the liquidity needed by the family to meet its tax obligations and the ready cash for the surviving owners to purchase the interest of the deceased shareholder.

In a stock redemption plan, the business agrees to purchase or retire the stock of a deceased stockholder. Typically, the business purchases life insurance on each stockholder to fund the arrangement. In a cross-purchase plan, the owners agree to buy the stock of a deceased partner. To fund a cross-purchase agreement, each owner buys life insurance on each of the co-owners. In both cases, life insurance guarantees that funds will be available if and when they are needed.

A frequent obstacle to funding a buy-sell arrangement is a lack of sufficient cash to pay for the required insurance. For example, in a 28% tax bracket, it takes $3,472 in pre-tax earnings to support a $2,500 life insurance premium. So, it’s not surprising that many owners ask if there is a way to deduct the cost of the insurance premium. Can this be done?

In fact, there is a way . . . by purchasing life insurance through a profit-sharing plan sponsored by the business. When properly structured, the funding of a cross-purchase plan in this manner has all the advantages of a traditional buy-sell agreement, with the added benefit of income tax leverage to reduce the owners’ out-of-pocket costs.

A Little Background. . .

The Internal Revenue Service (IRS) defines a qualified profit-sharing plan as a plan of deferred compensation. This definition creates flexibility that is not available with a qualified pension plan.

Amounts allocated to the profit-sharing account of a participant may be used to provide incidental life insurance protection for himself or anyone in whom the participant has an insurable interest [Treasury Reg. 1.401-1(b)(1) (ii)]. The IRS has agreed in private letter rulings that this regulation supports the purchase of life insurance on the life of a co-shareholder, to fund a cross-purchase agreement. (See PLRs 8108110 and 8426090.)

Generally, in designing such an arrangement the following conditions should be met:

1. The plan must be a tax-qualified profit-sharing plan.

2. The plan should allow each individual participant to direct a portion of his or her account toward the purchase of life insurance.

3. The plan should provide that participants may purchase life insurance on themselves, or on the life of any individual in whom they have an insurable interest.

4. The purchase of insurance must meet the so-called “incidental death benefit” limitations.

5. Taxable insurance costs (“PS-58 costs”) must be reported by the participant whose account is supporting the cost of the life insurance.

6. If the participant is married, the spouse of the participant should consent in writing to the use of the profit-sharing funds in this manner.

7. At death, the amount at risk under the policy may be distributed immediately to the surviving shareholder. This amount is received free of income tax and may be used to satisfy the buy-sell agreement. The cash value portion of the policy should remain in the profit-sharing plan.

The funding of a cross-purchase agreement through a profit-sharing plan in this manner may work best for small, closely-held businesses with two or three owners. But, it can work in larger businesses as well, and this approach may provide a cost-effective means of purchasing life insurance. This is an important consideration for any business that may not otherwise have the ability to fund the buy-sell plan.

If you need help setting up a buy-sell agreement, choosing appropriate insurance coverage, or help reducing your tax liability exposure, please contact us at (312) 554-5889 or at ivan@otbfinancialplanning.com.

Partnering with Outside The Box Financial Planning offers numerous benefits for individuals seeking retirement planning, small business support, wealth management, and beyond.  With their fiduciary duty, comprehensive approach, unbiased advice, transparent fee structure, and ongoing support, OTBFP act as a trusted advisor who prioritizes your best interests. Click here to schedule a complimentary “Fit” meeting to determine if we would make a good mutual fit.

Remember, financial decisions have long-lasting implications, and working with a professional can provide the expertise and guidance necessary to make informed choices that align with your financial aspirations. 

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We will spend almost $20 billion in 2018

When we were in elementary school, most of us have fond memories of receiving cards and candy on every February 14th. We would bring a decorated shoe-box to school and by the end of the day, it would be filled with sweet notes from our classmates and lots of candy.

But how many of us knew then, or know now, the history of Valentine’s Day? Or how big Valentine’s Day business really is? Let’s explore.

A Muddled History of Valentine’s Day

The history of Valentine’s Day is shrouded in mystery – and some would say its origins are anything but romantic. But most historians agree that today’s holiday can trace its roots through both Christian
and Roman history.

Many historians suggest that the ancient Romans are responsible for our modern Valentine’s Day because Emperor Claudius II executed two men – both happened to be named Valentine – on February 14th
of different years in the 3rd century. Legend suggests that one of the Valentines, a priest, performed marriages in secret despite the fact Claudius had outlawed marriage for young men because he decided that single men made better soldiers than those with wives. When Claudius discovered that Valentine was performing marriages, he was put to death.

Other historians suggest that the Christian church
may have decided to place St. Valentine’s feast day in the middle of February to “Christianize” celebration of Lupercalia, which was a fertility festival – as well as a pagan one – dedicated to the Roman god of Agriculture, Faunus.

The Business of Valentine’s Day

No matter your historical perspective, no one can argue that in 1913, Valentine’s Day forever changed when a Kansas City-based firm named Hallmark
Cards began mass producing Valentine’s Day cards.

And today, Valentine’s Day is huge business:

• According to the National Retail Federation, consumers in the U.S. will spend an estimated $19.6 billion on gifts for Valentine’s Day, up from $18.2 billion the previous year.
• More than 10 percent, or $2 billion, will be spent on flowers. And this one day represents 13% of the annual flower sales.
• According to the Greeting Card Association, an estimated 1 billion Valentine’s Day cards are sent each year, making Valentine’s Day the second largest card-sending holiday of the year (2.6 billion cards are sent during Christmas).
• Women purchase approximately 85% of all valentines. But men spend almost twice as much as women on Valentine’s Day gifts.
• $143.56 is the average amount we will each spend on Valentine’s Day in 2018
• $3.7 billion is the total amount spent by couples planning a night out on Valentine’s Day.
• 94% of Americans want chocolate as a gift.

Valentine’s Day & Financial Planning

So, you’re probably wondering, “what does
Valentine’s Day have to do with financial planning?”

Well, I could suggest that the amount of money we spend each Valentine’s Day is reflective of the overall economy, much like Black Friday signifies the health
of the upcoming shopping season. Or I could suggest that the $20 billion is a big part of our consumer spending, which makes up 2/3 of our GDP
(but remember U.S. GDP is about $18 trillion).

But truthfully, Valentine’s Day really has nothing to
do with financial planning at all.

So, how about instead I promise if you sign up for my newsletter, I’ll send you a box of chocolates? Happy Valentine’s Day!