Understanding the Differences Between DOL and IRS Requirements for Qualified Retirement Plans
By: Bryan Uecker
Navigating the regulatory landscape of qualified retirement plans can be complex for plan sponsors and administrators. The Department of Labor (DOL) and the Internal Revenue Service (IRS) play pivotal roles in overseeing these plans, but they have distinct requirements and regulations. Understanding the differences between the two can help plan sponsors ensure compliance and effectively manage their retirement plans.
DOL Requirements:
The DOL primarily focuses on enforcing the Employee Retirement Income Security Act (ERISA), which sets standards for the operation and administration of retirement plans. Some key DOL requirements for qualified plans include:
1. Reporting and Disclosure: The DOL mandates that plan sponsors provide participants with various disclosures, such as the Summary Plan Description (SPD) and Summary of Material Modifications (SMM). These documents inform participants about their rights, benefits, and obligations under the plan.
2. Fiduciary Responsibilities: Plan fiduciaries have a duty to act prudently and solely in the interest of plan participants and beneficiaries. The DOL oversees fiduciary conduct, ensuring that fiduciaries fulfill their obligations and avoid conflicts of interest.
3. Vesting and Participation: The DOL sets rules regarding vesting schedules and eligibility criteria for plan participation. These regulations aim to protect participants’ rights to their accrued benefits and ensure equitable access to retirement savings opportunities.
IRS Requirements:
While the DOL focuses on ERISA compliance, the IRS administers the tax laws related to qualified retirement plans. Key IRS requirements for these plans include:
1. Plan Qualification: To receive favorable tax treatment, retirement plans must meet specific qualification requirements outlined in the Internal Revenue Code (IRC). These requirements cover various aspects of plan design, such as contribution limits, distribution rules, and nondiscrimination testing.
2. Plan Documentation: The IRS requires plan sponsors to maintain up-to-date plan documents that reflect the terms and conditions of the retirement plan. These documents must comply with IRS regulations and be available for review by plan participants and government agencies.
3. Tax Reporting: Plan sponsors are responsible for filing annual tax returns and informational forms with the IRS, reporting contributions, distributions, and other plan-related activities. Compliance with IRS reporting requirements ensures that the plan maintains its tax-qualified status.
Comparison:
While both the DOL and IRS regulate qualified retirement plans, they have distinct areas of focus and enforcement authority. The DOL emphasizes participant protection, fiduciary oversight, and transparency through disclosure requirements. In contrast, the IRS focuses on tax qualification, plan documentation, and compliance with tax laws to maintain the plan’s favorable tax status.
Conclusion:
Understanding the differences between DOL and IRS requirements is essential for plan sponsors and administrators tasked with managing qualified retirement plans. By adhering to both sets of regulations, sponsors can ensure compliance, protect participants’ interests, and maintain the tax-qualified status of their plans. Staying informed about evolving regulations from both agencies is key to successfully navigating the complex landscape of retirement plan administration.
- Published in ROBS 401(k), ROBS 401k Provider, Small Business, Starting a Business
Selling Your BORSA Business
By: Bryan Uecker
When a seller has a BORSA™ (Business Owners Retirement Savings Account), also known as ROBS, and is considering selling their business, the decision between an asset sale and a stock sale involves additional considerations due to the BORSA/ROBS structure. Here’s a comparison of the two approaches in this context:
Asset Sale
1. Definition: In an asset sale, the buyer acquires specific assets and liabilities of the business rather than the entity itself. This includes tangible assets (like equipment and inventory) and intangible assets (like trademarks and customer lists).
2. Tax Implications: For the Seller: The business entity may face double taxation. First, the entity is taxed on the gain from the sale of assets at the corporate tax rate. Then, any remaining sale proceeds are distributed to shareholders according to their ownership percentage and taxed accordingly. For the Buyer: The buyer benefits from a step-up in the basis of the acquired assets, which allows for depreciation or amortization based on the purchase price, potentially reducing future tax liabilities.
3. Complexity: Asset sales require detailed purchase price allocation among various assets and involve complex tax considerations.
4. Liability: The buyer assumes only the liabilities specifically agreed upon in the sale. This reduces the risk of inheriting unknown or contingent liabilities.
5. BORSA/ROBS Considerations: The C-Corp will have to estimate its federal and state tax bill, pay the estimated taxes, pay its final expenses, dissolve, and lastly, any remaining cash gets distributed to the stockholders according to ownership percentage. So, if the 401(k) owns 95% of the company, 95% will go to the 401 (k). The double taxation kicks in when the seller eventually takes retirement distributions taxed as ordinary income. The 5% going to the individual is taxed using capital gains rates.
Stock Sale
1. Definition: In a stock sale, the buyer acquires the company’s shares, gaining ownership of the entire entity, including all its assets and liabilities.
2. Tax Implications: Selling stock can be advantageous for the seller. 95% goes to the 401(k) plan with no tax due until the seller takes retirement distributions. The personal stock portion will be taxed using capital gains treatment, potentially resulting in a lower tax rate on the proceeds. For the Buyer, the buyer assumes the company’s existing tax basis in its assets and takes on all of the business’s liabilities, which may include unknown or contingent liabilities.
3. Complexity: Stock sales tend to be less complex from a transactional standpoint than asset sales, as the focus is on transferring ownership rather than valuing and transferring individual assets.
4. Liability: The buyer inherits all the company’s liabilities, known or unknown, which can be a significant risk factor.
5. BORSA/ROBS Considerations: If the seller’s BORSA plan holds stock in the company, the plan will sell its shares for cash as part of the stock sale. The account can then be rolled into an IRA or other retirement plan vehicle and won’t be taxed until withdrawn. The portion owned outside the plan will be taxed using capital gains rates.
Conclusion
The BORSA™/ROBS structure affects both asset and stock sales of a business. The choice between the two will depend on various factors, including tax considerations, liability issues, licensing issues, and the specific goals of both the seller and the buyer. DRDA is uniquely positioned to help you navigate these complex transactions and ensure compliance with tax, Department of Labor, banking and regulatory requirements so you keep more of what you have earned from growing your business.
- Published in ROBS 401(k), ROBS 401k Provider, Small Business
Comparing Self-Directed IRAs vs. BORSA/ROBS
By: Bryan Uecker, QPA, QPFC, AIF, AIFA
Self-directed IRAs and BORSA/ROBS (Rollovers for Business Start-ups) offer distinct approaches to investing in businesses:
Business Involvement
BORSA/ROBS: Requires active participation in business operations, including receiving a salary if deemed reasonable. Structured through a C corporation, which is the sponsor of the retirement plan.
Self-directed IRAs: Passive investment vehicles where IRA owners cannot engage in business management or take salaries. Doing so could violate IRS rules on prohibited transactions.
Tax Considerations
BORSA/ROBS: Subject to regular corporate taxes; UBIT (Unrelated Business Income Tax) does not apply since the C corporation is taxable.
Self-directed IRAs: Income from business activities may trigger UBIT if unrelated to the IRA’s tax-exempt purpose.
Loan Guarantees
BORSA/ROBS: Allows funds to be used as a down payment for business loans, including SBA loans.
Self-directed IRAs: Cannot guarantee loans, maintaining separation between IRA assets and personal liabilities.
Ownership Flexibility
BORSA/ROBS: Enables up to 100% ownership of the business, providing full control.
Self-directed IRAs: Direct ownership risks violating IRA rules if exceeding certain ownership thresholds, jeopardizing tax benefits.
Conclusion: Self-directed IRAs are ideal for passive investors seeking hands-off involvement, while ROBS empowers owners with direct control and tax advantages through a C corporation setup.
- Published in ROBS 401(k), ROBS 401k Provider, Small Business, Starting a Business
Unlocking Success: Navigating the ROBS Journey!
A Persuasive Essay on the Benefits of the ROBS Strategy
By: Eva Jiang, M.B.A., M.S.
Recently, DRDA hosted an enlightening webinar titled “Unlocking Success: Navigating the ROBS Journey,” aiming to demystify the ROBS (Rollover as Business Start-up) strategy for aspiring entrepreneurs. This essay argues that the ROBS strategy offers a unique and advantageous pathway for individuals to leverage their retirement funds to start or buy a business without incurring taxes or penalties. The webinar provided an in-depth exploration of the ROBS strategy, addressing common concerns and illustrating its potential benefits.
Setting the Stage for Success
The webinar began with the foundational steps necessary to ensure a distraction-free environment, emphasizing the importance of focused attention when dealing with complex financial strategies. Attendees were encouraged to silence their phones and find a quiet place, setting the stage for a productive session. The introduction of the Q&A chat box underscored the interactive nature of the webinar, allowing participants to engage directly with the experts, thereby enhancing their understanding of the ROBS strategy.
Expert Insights and Comprehensive Understanding
The session featured two distinguished speakers: Doug Dickey, a Partner at DRDA with credentials such as CPA, CVGA, and CEPA, and Bryan Uecker, the Retirement Plan Manager with qualifications including QPA, QPFC, AIF, and AIFA. Their combined expertise provided a thorough and reliable foundation for understanding the ROBS strategy. This high level of expertise is crucial for individuals considering using their retirement funds to invest in a business, as it ensures that they receive accurate and comprehensive information.
The Mechanics of the ROBS Strategy
Doug and Bryan explained the ROBS strategy in detail, highlighting its core components: forming a C Corporation, establishing a 401(k) Profit Sharing Plan, and rolling over retirement funds into this plan to invest in a new business. This approach allows individuals to use their retirement funds without incurring the taxes and penalties typically associated with early withdrawals. The ROBS strategy thus provides a viable and advantageous option for entrepreneurs who lack sufficient liquid capital but possess substantial retirement savings.
Addressing Common Concerns
A significant portion of the webinar was dedicated to addressing common concerns and questions from the attendees. These included:
Compliance with IRS Regulations: Ensuring compliance with IRS regulations is a primary concern for anyone considering the ROBS strategy. The speakers provided detailed guidance on meeting all necessary requirements, emphasizing the importance of adherence to avoid legal complications.
Eligible Retirement Funds: The types of retirement funds that qualify for ROBS were clarified, providing attendees with a clear understanding of their eligibility.
Tax Benefits: The tax advantages of operating under a C Corporation structure were highlighted, showing how the ROBS strategy can lead to significant tax savings.
Exit Strategy Costs: Insights into the expected costs of an exit strategy were shared, helping attendees plan for the future and understand the long-term financial implications of their investment.
The Value of Personalized Consultation
As the webinar concluded, DRDA offered attendees an exclusive opportunity for a complimentary one-hour consultation. This personalized advice is invaluable for individuals seeking to tailor the ROBS strategy to their specific circumstances. Such consultations can address unique challenges and provide customized solutions, further enhancing the appeal of the ROBS strategy.
Stay Connected
For those with additional questions, the speakers provided direct contact details. Bryan’s email and phone number were shared, along with a link to schedule a consultation. “We’re here to help you on your journey,” Doug assured, his sincerity resonating through the screen.
Bryan Uecker: bryan.uecker@drdacpa.com | 281-954-6004
Schedule a Consultation: Complimentary One-Hour Consultation
Final Thoughts
As the webinar concluded, there was a sense of accomplishment and excitement. The attendees had gained valuable insights into the ROBS journey, feeling more empowered to take the next steps in their entrepreneurial endeavors. The DRDA team was grateful for the opportunity to share their expertise and looked forward to continuing to support these aspiring business owners.
Thank you to all who joined us. Stay tuned for more from DRDA as we continue to help unlock success in entrepreneurial journeys.
- Published in ROBS 401(k), ROBS 401k Provider, Small Business, Starting a Business
Franchise Or Business Start-Up?
Which is the right fit for you?
Options and Opportunity
The ability to work for yourself, being in control and making the big decisions appeals to many people. You may just be starting your profession and dreaming of starting your own business, or you may have had a long and successful career and are longing for something more – additional money, greater flexibility or the chance to focus on doing something you enjoy.
Taking a risk and following your dream by becoming a business owner is an aspiration shared by many Americans. The first step in determining whether starting your own business or investing your time and money into a proven franchise is more your style is to begin with a self-assessment of your strengths, weaknesses, interests, skills and work/life aspirations. Do you work well in a more structured environment, or do you require freedom to create and innovate? Are you risk-averse and like having a support system, or are you more daring and hope to blaze a trail for others to follow one day?
Countless first-time entrepreneurs have the burden of whether to start a business from scratch or buy a franchise. The allure of being your own boss can be tempting; franchises and startups each pose their own challenges and benefits. Evaluating each option can help you get closer to realizing what the right venture is for you.
What Is a Franchise?
A franchise is a type of license that an individual or group (franchisee) acquires to allow them to have access to a business’s (franchisor) proprietary knowledge, processes, and trademarks in order to allow the party to sell a product or provide a service under the business’s Brand. In exchange for gaining the franchise, the franchisee usually pays the franchisor an initial start-up and annual licensing (royalty) fees.
How Franchises Work
When a business wants to increase its market share or increase its geographical reach at a low cost, it may create a franchise for its product and brand name. A franchise is a joint venture between a franchisor and a franchisee. The franchisor is the original or existing business that sells the right to use its name and idea. The franchisee is the individual who buys into the original company by purchasing the right to sell the franchisor’s goods or services under the existing business model and trademark.
Franchises are a very popular method for people to start a business, especially for those who wish to operate in a highly competitive industry like the fast-food industry. One of the biggest advantages of purchasing a franchise is that you have access to an established company’s brand name, meaning that you do not need to spend further resources to get your name and product out to customers.
Franchise Basics and Regulations
Franchise contracts are complex and vary for each franchisor. Typically, a franchise contract agreement includes three categories of payment that must be made to the franchisor by the franchisee.
- The franchisee must purchase the controlled rights, or trademark, from the franchisor business in the form of an upfront fee.
- The franchisor often receives payment for training, equipment, or business advisory services from the franchisee.
- The franchisor receives ongoing royalties or a percentage of the business’s sales.
It is important to note that a franchise contract is temporary, like a lease or rental of a business, and does not signify business ownership by the franchisee. Depending on the franchise contract, franchise agreements typically last from 5 to 30 years, with penalties or consequences if a franchisee violates or prematurely terminates the contract.
In the U.S., franchises are regulated by law at the state level. However, there is one federal regulation established in 1979 by the Federal Trade Commission (FTC). The Franchise Rule is a legal disclosure given to a prospective purchaser of a franchise from the franchisor that outlines all the relevant information in order to fully inform the prospective purchaser of any risks, benefits, or limits of such an investment.
Such information specifically stipulates full disclosure of fees and expenses, any litigation history, a list of suppliers or approved business vendors, even estimated financial performance expectations, and more. This law has gone through various iterations and has previously been known as the Uniform Franchise Offering Circular (UFOC) before it was renamed in 2007 as the current Franchise Disclosure Document.
Brand awareness
Building a brand is no small feat and can be quite expensive and time-consuming. When you sign on with a popular franchise, the work has been done for you. We all know some of the more popular brand franchises out there, and we’ve become accustomed to a certain set of standards from these businesses. Customers will seek out establishments for their familiarity and consistency that comes from patronizing these businesses over many years.
Additionally, if you are part of a nationally recognized brand, you automatically have the power of that franchise’s marketing and advertising dollars to support you. This can inevitably result in a faster time to market and quicker ROI. However, brand awareness comes with a price tag. Buying into one of these better-proven franchises can be expensive and require more startup costs than building your own business.
Site selection
Site selection is critical for many businesses. Most franchisors pre-approve sites for outlets. This may increase the likelihood that your location will attract customers. The franchisor, however, may not approve the site you want. If there’s a specific location where you want your business to be and it doesn’t match the franchise opportunities in that area, then you will have to find a location or territory that will be acceptable to both of you.
In addition, franchisors may impose design or appearance standards to ensure customers receive the same experience in each outlet. If you are passionate about creating a unique look and feel for your business, you may have a hard time following the guidelines set forth by the franchisor.
Training and support services
Perhaps one of the biggest advantages to buying a franchise is the training and ongoing support you receive from a franchisor. They can help with managing the day-to-day business, from hiring and training employees to overseeing the finances. Franchisors can help you learn to run a business rather than doing it on your own, which can lead to mistakes that affect your business’s bottom line – whether through the cost of time, money or both.
Costs, fees and contracts
Depending on the system, startup costs for a franchise can be steep. Many franchise owners find it necessary to secure financing to purchase their business. In addition, most franchisors require franchisees to pay ongoing royalty and/or advertising fees. The fees are attributed to training, support and marketing, of which a certain percentage of your profits will be allocated to the franchisor. Finally, when you buy a franchise, you sign an agreement that locks you in for a specified amount of time, anywhere from 5 to 30 years. Breaking a franchise agreement can be difficult and costly.
Financing
Owning any new business, start-up costs can be high and require infusions of capital if they encounter hardship. A business needs a good business plan, healthy cash flow, and solid financing to succeed. Most franchisees will have to apply for a business loan at some point, such as a loan backed by the SBA (Small Business Administration). But bank loans and SBA loans are still not easy to get even for franchise businesses, and the application and approval process can be prohibitively long for a lot of franchisees in need of quick capital. Some franchisors offer their own financing programs, but the practice is far from widespread, so you can’t necessarily depend on funding from your franchise brand.
For these reasons, many prospective business owners are turning to alternative funding for better financing options. DRDA BORSA™ Plan, a self-directed 401(k) plan which allows an individual access to their qualifying retirement funds TAX and PENALTY FREE to be used as equity for a business start-up, acquisition, or as capital for an existing business. The Plan offers a much faster time to funding than traditional bank loans, often receiving funds in your account within 30 days of initiating the plan. The Funds then can be used as a down payment for an SBA loan.
Autonomy
Buying into a franchise system requires you to run your business as dictated by the franchisor with little leeway for business decisions, including the look and feel, purchasing equipment and overall operating procedures. You may control your franchise unit’s culture and who you hire and fire, but you still must follow a prescribed set of guidelines.
To maintain uniformity and ensure future success within a franchise system, franchisors can be very diligent about enforcing policies and procedures. The franchise system they created is their most valuable asset. If following and adhering to a prescribed set of operating instructions to run your business is not something you are envisioning, then franchising may not be the path for you.
Purchasing power
Having brand-name backing allows you to benefit from the collective buying power of the franchise when it comes to purchasing equipment and supplies. This can be critical for finding the right supplier and negotiating deals. Franchisors can also help you with determining what equipment you need, the right size and the supplies you’ll need.
At the same time, a franchisor’s requirement for you to purchase equipment and inventory only from approved suppliers will limit what you can purchase as well as your ability to purchase something at a discounted price from another dealer.
Challenges & Advantages
There are many advantages to investing in a franchise, as there are advantages in starting your own business. Widely recognized benefits to buying a franchise include a ready-made business operation. A franchise comes with a built-in business formula including products, services, even employee uniforms and well-established brand recognition. Depending on the franchise, the franchisor company may offer support in training and financial planning, or even with approved suppliers. Whether this is a formula for success is no guarantee.
Business owners, by definition, may not have any ongoing costs to an investor in the form of a percentage of sales or revenue, but they do have to expense their marketing, training, processes, and systems in place. Thich can equate to the same percentage range of 4% to 8% royalty fees required by the franchisee. Other equivalents would be location control or creativity with an owned business. Territories are defined by the Franchisor and approved based on area and region of similar brands within the geographical distance. The business owner must conduct market research and competitive analysis in order to establish a consensus of where to locate, and how to promote their brand. Other factors that affect all businesses, such as poor location or management, are also possibilities.
Franchise or Startup
As a franchisee, you will be signing a long-term contract with your franchisor and creating a relationship through which you will need each other to succeed. It’s critical you do your research and ensure your core values and goals align with those of the franchisor.
If you don’t want to carry on somebody else’s idea for a business, with a host of regulations, procedures, systems in place and rules you must follow as part of your agreement, you can start your own. While founding your own company has plenty of potential rewards, both monetary and personal, it is also at greater risk. When you start your own business, you are on your own, and much is unknown. Will the product sell? Will customers like it? Will I make enough money to survive?
If you choose to build your own business, then you won’t be as constrained by the franchisor/franchisee relationship, but you also will not receive the support you may need down the road. If your business is going to survive, you alone will have to make that happen. To turn your dream into a reality, you can expect to work long, hard hours with no support or expert training. If you try this on your own without any experience, the deck is stacked against you. If this sounds like too big a burden to bear, the franchise route may be a better choice.
People purchase a franchise because the model often works. It offers careful entrepreneurs a stable, tested model for running a successful business. It also requires them to operate on someone else’s business model. For those with a big idea and a solid understanding of how to run a business, launching your own startup presents an opportunity for personal and financial freedom.
So, startup or franchise? As you can tell the decision is very dependent on the professional and personal experience you want to gain through this next venture. There are merits and perils with each, but at the end of the day, only you can make the right choice for yourself.
Are you interested in learning more about DRDA’s ROBS structure, the BORSA™ Plan? Give Bryan Uecker a call today at 281-954-6004 for a free consultation.
- Published in ROBS 401(k), ROBS 401k Provider, Small Business, Tax
Harnessing the Advantages of the ROBS / BORSA Structure.
PART I: C-CORP
By: Bryan Uecker, QPA, QPFC, AIF, AIFA
ROBS (Rollover as Business Start-up) or BORSA™ (Business Owners Retirement Savings Account) structures are exclusively compatible with C-Corps. This is because only C-Corps permit a 401(k) profit-sharing plan to serve as a shareholder. Upon discovering this exception, some prospective clients may feel disappointed, as the C-Corp often carries a stigma of “double taxation”. Historically viewed as “the entity choice of last resort” due to potential for double taxation resulting from corporate-level taxes and subsequent taxation upon distribution or liquidation. The good news is that C corporations present unique tax advantages that S corporations and partnerships cannot replicate.
To debunk the stigma of “double taxation” right up front, a helpful chart compares the corporate tax and dividend tax to profits through a pass-through entity at a personal tax rate of 37%:
So the issue is not how many times you are taxed……but rather how much tax you pay.
Now that we have cleared up the myth, here are ten benefits of a C-Corp:
1. Lowering Overall Tax Burden: C Corps can achieve significant tax savings thanks to a single flat corporate tax rate of 21%. By proactively managing dividends and salaries, business owners can optimize their tax burden, generally resulting in lower overall taxes than pass-through entities.
2. Flexible Fiscal Year: C Corps can choose their fiscal year, unlike LLCs and S Corps. This allows for better timing of income recognition and expense deductions, enabling shareholders to further minimize their tax burden.
3. Retaining Earnings for Growth: C Corps can reinvest profits within the company at a lower tax cost. Unlike S Corps, where profits are passed through to shareholders and taxed regardless of distribution, C Corps can retain earnings to fuel future expansion without immediate tax consequences.
4. Deducting Salaries and Bonuses: Shareholders of C Corps can receive salaries and bonuses, which are deductible expenses for the corporation. Businesses can optimize tax efficiency and mitigate double taxation concerns by structuring compensation packages appropriately.
5. Tax Write-offs for Fringe Benefits: C Corps can deduct 100% of medical premiums and other fringe benefits provided to employees. This includes health, long-term care, and retirement plan contributions, offering substantial tax savings opportunities for the corporation and its employees.
6. Charitable Contributions Deduction: C Corps can deduct charitable donations as business expenses, subject to certain limitations. This benefits worthy causes and provides tax advantages for the corporation, with the option to carry over excess contributions to future tax years.
7. Gaines: C Corps are taxed at a flat 21% on short-term and long-term gains so you no long have to carry economic risk to get to a lower tax bracket. You sell you capital asset when it is best for you. C Corps can carry forward capital and operating losses indefinitely to offset future profits. This flexibility allows businesses to smooth out tax liabilities over time, particularly during growth or economic downturns.
8. Fewer Ownership Restrictions: Unlike S Corps, which have strict ownership rules, C Corps can have unlimited shareholders, issue multiple classes of stock and be owned by anyone or anything. This flexibility facilitates equity financing and business expansion without the constraints imposed by S Corp regulations.
9. Favorable Treatment for Passive Investors: Passive investors in C Corps benefit from the inability to pass losses through to individual tax returns. Unlike S Corps, where active participation is required to claim losses, passive investors can still enjoy tax advantages without direct involvement in management.
10. Unique Financing Opportunities: Registering as a C Corp opens doors to diverse financing options, including public offerings and innovative strategies like 401(k) business financing, such as ROBS or BORSA™ plans. These financing avenues give businesses access to capital while minimizing debt obligations, offering a valuable alternative to traditional lending sources.
With over four decades of experience, DRDA, LLC has focused on supporting entrepreneurs in initiating, expanding, and selling their businesses. Leveraging our proficiency in accounting, business consulting, and retirement plan design, we harness the advantages of the ROBS/BORSA™ structure to benefit our clients throughout the operation of their business and at their succession transition or exit of their business, not just at formation.
By: Bryan Uecker, QPA, QPFC, AIF, AIFA
- Published in Business Lending, ROBS 401(k), ROBS 401k Provider, Small Business, Starting a Business
Delving into Required Minimum Distributions (RMDs) for 401(k) Plans: Understand the New Rules
By Bryan Uecker, QPA, QPFC, AIF, AIFA
A Required Minimum Distribution (RMD) is the mandated withdrawal amount from certain retirement accounts on an annual basis after reaching a specific age. These rules were established by the government to prevent retirement accounts from being used solely for estate planning purposes to transfer wealth to beneficiaries upon the account holder’s death. It’s crucial for participants in 401(k) plans to grasp these regulations as failure to comply with RMD requirements can lead to tax penalties imposed by the IRS.
Understanding the “Required” Aspect of RMDs:
An RMD must be distributed from your 401(k) account each year once you reach a designated age. However, if you’re still employed when you reach this age, your plan might allow you to postpone RMDs until retirement.
RMD Age or Retirement:
The age for commencing RMDs is determined by your birth year:
– Born before July 1, 1949: RMD age is 70 ½
– Born after June 30, 1949, and before January 1, 1951: RMD age is 72
– Born in 1951 through 1959: RMD age is 73
– Born after 1959: RMD age is 75
However, you might be able to defer your initial RMD beyond this age if you’re still employed by the plan sponsor and don’t own more than 5% of the business. Owners with more than 5% ownership must start RMDs at the designated age.
RMD Deadline:
Typically, you must receive the RMD by December 31 of the relevant year. However, the first RMD can be delayed until April 1 of the following year if it’s the later of reaching RMD age or retiring (if allowed by the plan and you’re not a 5% owner).
RMDs Upon Death:
Regardless of whether you’ve reached RMD age, distributions must be made from your 401(k) account upon your death. Beneficiaries usually have ten years to withdraw the full amount, though some, like spouses or minor children, might be eligible for extended payment periods.
RMDs with BORSA®:
For many BORSA® clients, employer securities make up the bulk of their 401(k) balance. The corporation can repurchase shares to cover the RMD, or the participant can opt for an “in-kind” distribution in employer securities equivalent to the RMD’s fair market value. The participant is subject to ordinary income tax on the in-kind distribution and holds the stock personally.
RMDs and Roth 401(k) Accounts:
Starting with the 2024 RMDs, Roth 401(k) accounts are not subjected to the same RMD rules. Prior to 2024, Roth 401(k) accounts followed the same rules but were non-taxable.
By Bryan Uecker, QPA, QPFC, AIF, AIFA
- Published in ROBS 401(k), ROBS 401k Provider, Small Business
Discovering Financial Excellence: Why DRDA’s Tailored Solutions Stand Out
By: Eva Jiang, M.B.A., M.S.
Looking for financial services that exceed expectations? Look no further than DRDA. Our comprehensive range of services encompasses tax planning and compliance, audit, accounting, bookkeeping, QuickBooks, 401(k) plan, Third Party Administration, BORSA® implementation, Operation and Exit, Profit and Cash Flow Optimization (P+CFO®), and Business Value Acceleration.
DRDA Wheel of Services
Because of our commitment to professionalism and uniqueness, we offer several trademarked services, including RMaP, BORSA, STEP, P+CFO, ARM, POD and LMS. At DRDA, we pride ourselves on our ability to make a difference in our clients lives. These trademarked services represent our dedication to providing cutting-edge solutions that are tailored to the needs of each client.
When you choose DRDA, you’re not just getting cookie-cutter solutions. Our team understands that every business is unique, which is why we take the time to truly understand your individual needs. We believe in open communication and collaboration across departments, ensuring that your experience with us is seamless and efficient.
Our tax services cover everything from planning and compliance to resolution, helping you navigate complex tax laws to minimize liabilities and maximize savings.
Our accounting services are tailored to your specific needs, providing accurate and reliable financial reporting. From auditing, assurance and financial statement preparation to budgeting and forecasting, our team helps you understand and trust your business information systems.
Our bookkeeping services ensure that your financial records are organized and up-to-date, allowing you to focus on what you do best – running your business. And if you use QuickBooks, our consultants can optimize your software usage, from setup and customization to training and ongoing support.
In addition to traditional services, our business advisory team offers strategic guidance to drive growth and profitability. Whether you need help with TPAS (Third-Party Administrative Services), retirement plan, BORSA® implementation (ROBS), business planning, performance analysis, or risk management, we’ve got you covered.
At DRDA, we don’t believe in a one-size-fits-all approach. DRDA Business Solutions are tailor-made for your business, saving you time and money while ensuring maximum efficiency and effectiveness.
Of the more than 46,000 CPA firms in the United States, DRDA has been recognized as one of the Top 500 CPA Firms in the United states by Inside Public Accounting, DRDA is ready to serve you. Visit our website at www.drdacpa.com to learn more about how we can help you and your business succeed and thrive.
By: Eva Jiang, M.B.A., M.S.
- Published in P+CFO™, ROBS 401(k), ROBS 401k Provider, Small Business, Starting a Business, Tax
Three reasons business owners should consider Cash Balance Plans
By: Bryan Uecker
Over the last half-century, employers shifted most of the retirement plans away from employer-funded pension plans (defined benefit) to employee/employer-funded savings plans such as the 401(k) (defined contribution). Defined contribution plans continue to eclipse defined benefit plans by an ever-widening margin when considering the number of plans and total assets. However, one defined benefit plan is getting some recent attention: the Cash Balance Plan. Here are three reasons why:
1: Business owners can accumulate more for retirement and reduce current taxes.
The biggest attraction of a cash balance plan is that key employees can typically contribute more – often much more – to the plan. Look at the following table. A 60-year-old owner or key employee could contribute up to $30,000 in 401(k), or up to $73,500 if the 401(k) has a profit-sharing component. Adding the cash balance to the 401(k)-profit sharing plan would allow total employee and employer contributions of up to $375,500.
Moreover, employer contributions are deductible for the business. This means an employer could have saved over $155,000 in taxes on that same 60-year-old.
2023 contribution limits. 401(k) limit includes annual catch-up contributions for participants aged 50 or older. For illustrative purposes only. Actual results may vary depending on the plan design, participant compensation, employee demographics, and projected retirement age.
*Based on assumed combined federal and state tax rate of 45%. Calculation uses “Total Annual Contribution” excluding 401(k) contributions.
2: Easy to understand and portable.
A cash balance plan is a defined benefit plan in which an employer credits a participant’s account with a “pay credit” (a percentage of pay or a flat dollar amount) and an “interest credit” (either a fixed or a variable rate). The lumpsum benefit at retirement equals the “account balance” which is the accumulation of all annual pay and interest credits. To the participant, it looks and feels like an interest-bearing savings account with annual deposits and earnings.
In a traditional defined benefit plan, the “goal” or the “what” that’s being defined is a monthly pension amount payable for life at retirement age. The annual funding needed is based on whatever amount it takes to accumulate enough to pay out the promised benefits on the promised retirement dates. It’s not rocket science, but it takes an actuary to determine the present value of all future benefits and compare it with the plan’s current assets. The actuary must make assumptions about current and future interest rates, mortality, turnover, inflation, salary increases, etc.
In a cash balance plan, the present value of benefits is in the ballpark of the sum of the “account balances”. The annual contribution is in the ballpark of the sum of the “pay credits” for the year. The actuary keeps a tally of how the plan assets fare in reality compared to the “interest credit” for the year and adds plus or minus to the mix.
The cash balance plan is portable. Most defined benefit plans have a default payment of an annuity for life, the default payout for most cash balance plans is a lump sum that can be rolled into an IRA.
3: Allows for multiple employee groups with different contribution rates.
A cash balance plan works beautifully with a “new-comparability” or “cross-tested” profit sharing plan. Because a cash balance plan can be combined with a profit sharing plan for non-discrimination testing, employers with a cross-tested profit sharing typically requiring an allocation of 5% of compensation to non-highly-compensated employees in order to max-out contributions to key employees, can supercharge the amounts to key employees while sometimes only raising contribution requirements to non-highly-compensated employees by 2.5%.
2023 contribution limits. 401(k) limit includes annual catch-up contributions for participants aged 50 or older. For illustrative purposes only. Actual results may vary depending on the plan design, participant compensation, employee demographics, and projected retirement age.
Please note that for certain plans that are not covered by the PBGC (e.g., owner-only/spouse plans and certain professional services businesses, etc.), employer contribution amounts to a 401(k)/profit sharing plan may be limited to an IRS deduction limit of 6% of total eligible compensation.
In the above scenario, the non-highly compensated employees can defer up to the maximum 401(k) contribution of $22,500. They all receive employer contributions totaling 7.5% of compensation made up of a 3% non-elective safe harbor, a 2% profit sharing, and a 2.5% cash balance. The owner can defer $30,000 in 401(k), including a $7,500 catch-up. In addition, he can receive an employer contribution equal to 100% of compensation made up of a 3% non-elective safe harbor, ~10% profit sharing, and ~87% cash balance.
Frequent questions about cash balance plans.
Aren’t fees to administer cash balance plans expensive? The annual 5500 requires an attachment called Schedule SB which reports the funding adequacy of the defined benefit plan. An enrolled actuary must certify the figures and assumptions on the form. The need for an actuary adds a cost for cash balance plans that isn’t needed for most defined contribution plans. However, because the cash balance plan is usually valued once a year by the actuary and TPA (Third Party Administrator), and the assets are pooled, there is no need for a third-party recordkeeper, and the investment fees are typically lower than 401(k) plans.
Are annual contributions to a cash balance plan mandatory? Except for safe harbor plans, contributions to a defined contribution plan are usually discretionary meaning if the employer chooses not to contribute every year they don’t have to. For the cash balance plan, the actuary will calculate a minimum and maximum funding range every year and the employer must meet at least the minimum funding requirement.
What is the deadline to set up a new cash balance plan? Before 2020, a new cash balance plan had to be adopted by the last day of the plan’s first year. Thanks to the SECURE Act, business owners can adopt a cash balance plan until the entity’s tax filing deadline (including extensions) for the plan’s first year. Because of the time needed to prepare the plan document, calculate the required contribution, and fund the contributions to the trust by the deadline, however, plan on a couple of months lead time.
Can a cash balance plan use a vesting schedule? Yes. Most plans use a “three-year cliff” vesting schedule. 0% vested for years one and two and 100% vested with three years of service.
Why DRDA? DRDA has spent decades developing real world solutions to everyday business issues. As technology, resources and awareness change, our solutions are updated, introduced or replaced to make certain we offer the best solution today. DRDA takes a holistic view of the business owners’ situation including a comprehensive financial and tax strategy – encompassing both personal and business. We offer integrated solutions that save time and money such as bookkeeping, payroll, and retirement plans. This is all in service of creating better futures for our clients. Where do you want to go from here? Let us help you get there.
For an illustration call (281) 488-2022 or email bryan.uecker@drdacpa.com.
- Published in ROBS 401(k)
A robust and efficient payroll system is a vital component of any successful business.
By: Agustin Muniz
A robust and efficient payroll system is a vital component of any successful business, regardless of its size. The significance of utilizing a payroll system cannot be overstated, as it not only ensures accurate and timely payment to employees but also streamlines various critical aspects of human resources and financial management. Here are some compelling reasons why businesses should prioritize the implementation of a reliable payroll system:
- Accuracy and Compliance: Payroll systems automate the payroll process, reducing the risk of human errors in calculations. By accurately computing wages, taxes, and deductions, businesses can avoid costly mistakes and maintain compliance with ever-changing labor laws and tax regulations.
- Time and Cost Savings: Manual payroll processing can be time-consuming, diverting valuable resources away from core business activities. A dedicated payroll system automates repetitive tasks, saving time and allowing HR and finance teams to focus on strategic initiatives and employee development.
- Enhanced Data Security: Employee payroll data is sensitive and must be safeguarded. Payroll systems incorporate robust security measures, protecting confidential information from unauthorized access and potential breaches, thus mitigating the risk of data theft and legal ramifications.
- Employee Satisfaction and Retention: A timely and accurate payroll process boosts employee morale and satisfaction. By ensuring employees are paid accurately and on time, businesses create a positive work environment and foster higher levels of employee loyalty and retention.
- Improved Reporting and Analytics: Payroll systems provide comprehensive reporting capabilities that enable businesses to gain insights into labor costs, tax liabilities, and other financial metrics. Such data-driven insights empower businesses to make informed decisions and devise effective strategies for growth and profitability.
- Seamless Integration: Many modern payroll systems can seamlessly integrate with other HR and financial software, streamlining data flow and eliminating data silos. This integration enhances overall operational efficiency and data accuracy throughout the organization.
- Scalability and Flexibility: A good payroll system can adapt to the evolving needs of a growing business. As the organization expands, the payroll system can accommodate new hires, additional benefits, and complexities without disrupting the payroll process.
In conclusion, implementing a reliable payroll system is not merely an option for businesses but a necessity. The advantages it offers, such as accuracy, cost savings, data security, employee satisfaction, and operational efficiency, make it an indispensable tool in today’s competitive business landscape. By investing in a robust payroll system, businesses can streamline their operations, reduce administrative burdens, and focus on their core competencies, ultimately driving growth and success in the long run.
By: Agustin Muniz
- Published in ROBS 401(k)