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A
an entrepreneurial woman, it is more important than
ever that you prepare for your retirement. You tend
to take care of everyone else-your employees, your
children, your family, and your friends before you
take care of yourself.
You
work day in and day out to grow your business, often
infusing it with every spare dollar you have. But,
when it comes to putting away dollars for your
retirement, that's another story.
You
never have enough "leftover" for funding a retirement
plan, and you tend to put that off until another
day. With the aging of America, another day is now!
The
maze of retirement planning can be a tricky course.
Less
than 16 percent of all small businesses have a retirement
plan. The most common reason is lack of understanding
of the plans available to small business owners
and a belief that these plans are much to complex
to adopt.
If
you are a business owner or self-employed, a myriad
of retirement plans exist-both the qualified and
nonqualified variety.
Selecting
the plan that could be the best for you and your
employees may seem complicated, but in reality it
is not. By understanding a few basics and consulting
with your financial advisor and/or tax advisor,
you can develop a plan the will give you the opportunity
to provide for your retirement future now.
Qualified
plans can offer significant tax advantages to you
and your employees as long as you adhere to ERISA
(Employee Retirement Income Savings Act) and Internal
Revenue Service requirements involving participation
in the plan, vesting, funding, disclosure, and fiduciary
matters.
Nonqualified
plans, on the other hand, generally do not impose
requirements as strict as those imposed by ERISA;
however, they usually are not as beneficial from
a tax standpoint. To maximize the potential tax
advantages a retirement plan offers you and your
employees, it is likely that you will want to evaluate
the qualified retirement plans first.
The
Basics of Qualified Retirement Plans
Qualified plans are broken down
into two forms: defined contribution and defined
benefit plans. Each plan has advantages and disadvantages
and is suited for use in different situations; which
one is best for you often depends upon the form
of your business organization.
In
defined contribution plans, each participant
has an individual account, and the contributions
are defined on an annual basis as stated in the
plan document, often in terms of a percentage of
compensation.
A
defined contribution plan, such as a 401(k) plan
or a profit sharing plan, does not promise to pay
a specific dollar amount to the participant at his
or her retirement or termination. Instead, the amount
paid is based upon the value of his or her individual
account.
Defined
benefit plans, on the other hand, are qualified
plans that guarantee a specified benefit level at
retirement. You will need to use the services of
an actuary to determine the necessary annual contributions
to the plan to meet these benefits.
Defined
benefit plans allow the highest potential contribution
amount of any plan and are most advantageous to
corporations with stable earnings. Typically, the
employer funds a defined benefits plan and can deduct
its contributions to the plan in the year the contributions
are made.
What's
Out There
Which plans are the most
appropriate for self-employed persons, sole proprietorships,
and partnerships?
In
general, qualified retirement plans can provide
you with a number of tax and non-tax benefits that
may make them the most attractive plans for you
to implement.
With
qualified retirement plans, the business itself
gets an immediate deduction for funding the plan,
and the self-employed individual can defer paying
income taxes on the retirement benefits until the
benefits are actually received. Also, don't forget
that you can use retirement plans as a way to attract
and retain qualified employees. (Be aware that if
you do have employees, you generally are required
to cover them or provide for them in your retirement
plan.)
Let's
look at four plans you should consider if you wish
to establish a retirement plan for your business:
a SEP-IRA; a SIMPLE-IRA; a SIMPLE 401(k); and a
Keogh.
A
simplified employee pension (SEP) is a basic
tax-deferred retirement savings plan that allows
contributions to be made according to a specific
formula to special individual retirement accounts
(IRAs) called SEP-IRAs.
SEP-IRAs
are practically identical to traditional IRAs and
can be very easy for you and your employees to maintain.
The participation and contribution rules are straightforward,
and you generally have no legal (fiduciary) responsibilities
for your employees' investments. However, you must
include most employees (including seasonal and part-time),
and your employees have immediate access to their
contributions.
SEPs
may provide less protection from creditors than
other qualified plans, and the distributions are
not eligible for special averaging tax treatment.
A
SIMPLE-IRA (the word "SIMPLE" is an acronym
for savings incentive match plan for employees)
is a retirement plan that is established in the
form of employee-owned individual retirement accounts.
SIMPLE-IRA
plans are specifically designed for small businesses
and self-employed persons who have 100 or fewer
employees (earning at least $5,000 each) employed
at any time in a calendar year. Even employers who
do not have employees (sole proprietorships and
partnerships, for example) can establish a SIMPLE-IRA.
To
be eligible to establish a SIMPLE-IRA, you cannot
maintain-during any part of the calendar year-any
other employer-sponsored retirement plan for which
contributions are made or benefits accrued for the
calendar year.
SIMPLE-IRA
plans are funded either with voluntary employee
contributions and/or mandatory employer contributions,
and SIMPLE-IRAs must be maintained on a calendar
year basis.
A
SIMPLE 401(k) was created to offer self-employed
persons and small businesses a tax-deferred retirement
plan without the complexity and the expenses associated
with the traditional 401(k) plan.
As
in the case of a SIMPLE-IRA, any business (incorporated
or not incorporated) with 100 or fewer employees
(including the employees of related entities) that
does not maintain another tax-qualified plan to
which contributions are made can implement this
plan.
Structured
as a 401(k) cash or deferred arrangement, the mandatory
employer contributions to a SIMPLE 401(k) are deductible
to the employer and are excluded from the income
for the employee. Earnings in a SIMPLE 401(k) plan
grow tax-deferred.
A
Keogh plan is a tax-deferred qualified retirement
plan for self-employed individuals and their employees.
Although it is not necessary to have employees to
sponsor or set up a Keogh, once you establish a
Keogh, any employees you subsequently hire must
be allowed to participate in it if they meet the
minimum participation requirements.
As
a defined contribution plan, a Keogh can be structured
as a profit-sharing plan or a money purchase plan.
If it is structured as a profit sharing plan, you
will have some flexibility in terms of whether you
will contribute to your plan and how much you contribute.
If it is structured as a money purchase plan, you
will be required to make a fixed contribution every
year, whether or not you made a profit.
In
addition to these four plans, the Economic Growth
and Tax Relief Reconciliation Act of 2001 created
increased opportunities for owner-only employers
by allowing an individual 401(k). This plan
is actually a profit-sharing plan with a salary
deferral feature and is designed for owner-only
companies, sole proprietorships, self-employer individuals,
common partnerships, and employed spouses. (Note:
Companies with common-law employees are not able
to utilize this plan.) You can contribute up to
the maximum salary deferral amount into an individual
401(k) and contribute the maximum employer contribution.
Additionally, there is a catch-up provision for
eligible individuals who are 50 years old or older.
It's
Easy, So Start Now
The steps involved with building
a retirement plan for yourself and for your business
are easy.
First,
you need to decide exactly what you want to accomplish.
Do you want to provide additional retirement savings
for yourself? Do you want to attract and retain
key employees? Decide exactly whom you want this
plan to benefit, and how you want to have the plan
funded. (Do you want it to be funded by employees
only, by the employer only, or by a combination
of the two?)
Once
you've answered those questions, you next need to
evaluate the available options, including both qualified
and nonqualified plans, and discuss with your trusted
tax and financial advisors the potential effects
each option can have on your business.
Finally,
implement the plan, which is often the hardest step
to take.
The
cost of waiting and putting off these decisions
for yet another year can be enormous. Suppose you
have decided you will retire in 30 years, and you
are willing to commit $5,000 annually to invest
in your plan. If your plan earned a fixed rate of
8 percent for the next 30 years, you would have
$566,416 in your retirement plan.
However,
if you decide to wait five years (until your business
is "stable" or whatever you are waiting for occurs)
before implementing a retirement plan and beginning
to invest $5,000 a year, that same retirement plan
would be valued at only $365,530. Amazing! (We
should note that these return figures are for illustrative
purposes only and do not represent the past or future
performance of any specific investment. It is unlikely
that the growth, if any, of an actual investment
will be constant. This illustration does not include
applicable fees and expenses and assumes an 8 percent
return before taxes and the reinvestment of all
dividends.)
There
are always reasons to justify not having a retirement
plan for yourself or for your business. Yet, everyone
seems to be in agreement that being financially
independent at retirement requires putting money
aside while you are working and earning an income,
even if it means making some short-term sacrifices
along the way.
Building
your business is critical. But, so is being able
to retire when you are ready to do so. Don't make
excuses. Start today!
ELIZABETH
M. RUCH, CFP, CMFC, is a senior financial advisor
in San Diego, CA, associated with Waddell & Reed,
Inc. She is registered in more than 15 states and
can be reached at 619-295-9930 or emruch21777@wradvisors.com.
Author's
Note: The information in this article is general
in nature and meant only to provide an overview.
Before making any decisions, a careful legal and
tax analysis, including ERISA, should be made with
the assistance of competent legal and tax advisors.
Readers are encouraged to seek advice from their
own legal counsel as to the appropriateness of plan
design.
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