Tuesday, December 30, 2014

solo 401k


The IRS has recently announced answers to the questions for Notice 2014-54.
Can I roll over just the after-tax amounts in my Solo 401k account to a Roth IRA and leave the remaining amounts in the plan (i.e., take a partial distribution of just the after-tax amounts)? 
No. Notice 2014-54 provides that each distribution from a solo 401k plan must include a proportional share of both the pre-tax and after-tax amounts in the account. You cannot take a distribution of only the after-tax amounts and leave the pre-tax amounts in the plan. In order to roll over all of your after-tax contributions, you could take a distribution of the full amount (all pre-tax and after-tax amounts) in your account, roll over all the pre-tax amounts in a direct rollover to a traditional IRA or another eligible retirement plan, and roll over all the after-tax amounts in a direct rollover to a Roth IRA. 
In addition to Roth contributions, I have after-tax voluntary contributions. I want to roll over my after-tax contributions to a Roth IRA and roll over earnings on my after-tax contributions to a traditional IRA. Can I do that? 
Yes. Earnings associated with after-tax contributions are pre-tax amounts in your account. Thus, solo 401k after-tax contributions can be rolled over to a Roth IRA without also including earnings. Under Notice 2014-54, all distribution pre-tax amounts may be rolled over to a traditional IRA and, will not be included in income until distributed from the IRA.


Solo 401k plan:Your Opportunity for Checkbook control of your future

Thursday, November 20, 2014

Increasing Employer Contributions in 2015


Solo 401k Employer Matching Contributions for 2015
Solo 401k


With the 2015 annual compensation limit increasing to $265,000 from $260,000, the limit on the maximum amount of employer matching contributions participants can receive will also increase.
Employer Matching Contribution Limits
Maximum  Matching Percentage
Maximum   Matching Contribution in 2015
Maximum   Matching Contribution in 2014
3.00%
$7,950
$7,800
3.50%
$9,275
$9,100
4.00%
$10,600
$10,400
4.50%
$11,925
$11,700
5.00%
$13,250
$13,000
5.50%
$14,575
$14,300
6.00%
$15,900
$15,600
7.00%
$18,550
$18,200
8.00%
$21,200
$20,800
9.00%
$23,850
$23,400
10.00%
$26,500
$26,000
11.00%
$29,150
$28,600
12.00%
$31,800
$31,200
13.00%
$34,450
$33,800
14.00%
$37,100
$36,400
15.00%
$39,750
$39,000
The maximum matching contribution is calculated by multiplying the maximum matching percentage by the annual compensation limit. Employer matching contributions can make up a large portion of a participant’s retirement savings


Solo 401k plan:Your Opportunity for Checkbook control of your future

Wednesday, October 22, 2014

New IRS Rules Expand 401(k) and IRA Life Annuity Opportunuties

Solo 401k




The U.S. Department of the Treasury issued final rules relaxing the regulations for fixed-income vehicles as a life expectancy hedge.

Internal Revenue Service (IRS) says the final rules make longevity annuities more accessible to 401(k)s and individual retirement accounts (IRAs). The final rules ease minimum distribution requirements that have made it difficult for retirees to hold longevity annuity products without the possibility of jeopardizing the qualified status of their accounts.

“All Americans deserve security in their later years and need effective tools to make the most of their hard-earned savings,” says J. Mark Iwry, senior adviser to the Secretary of the Treasury and Deputy Assistant Secretary for Retirement and Health Policy.“Longevity income annuities can help Boomers plan for retirement and provide a regular stream of income for as long as they live.”

A longevity annuity is a type of deferred income annuity that begins payments at a later age, say 80 or 85. Once payments begin the income stream continues throughout the retiree's lifetime. The deferred income annuity can offer a solution for retirees who want to use part of their lump sum savings to protect against outliving their assets, and help them avoid the prospect of limiting too muich spending in retirement.

Treasury officials say the final rules make longevity annuities more available for retirement savers by changing required minimum distribution regulations so that longevity annuity payments will not need to begin prematurely in order to comply with those regulations.

Instead of having all of their account balance in annuities, retirees will be able to follow a combination strategy that uses some of their savings to purchase guaranteed income for life while maintaining other savings in other investments.

The final rules build upon the proposed rules, as follows:

A. Under the final rules, a 401(k), similar plan, or IRA custodian, may permit account holders to use up to 25% of their account balance or  $125,000, whichever is less, to purchase a qualifying longevity annuity without concern about noncompliance with the age 70½ minimum distribution requirements.

B. The dollar limit will be adjusted for cost-of-living increases more frequently than under the proposed rules (in $10,000 increments instead of the $25,000 increments).

C. Under the final rules, a longevity annuity in a plan or IRA can provide that, if the retiree dies before (or after) the age when the annuity begins, the premiums they paid but have not yet received as annuity payments, will be returned to their accounts. This option may be right for individuals seeking solace that if they die before receiving the annuity, their initial investment can go to their heirs.

D. The final rules permit individuals who mistakenly exceed the 25% or $125,000 limits on premium payments to correct the excess without disqualifying the annuity purchase.

E. The final rules ease the issuance of longevity annuity contracts by allowing alternatives such as a statement in an insurance certificate, rider, or endorsement relating to a contract.

The improved availability of longevity annuities in 401(k) plans and IRAs will ease access to a steady flow of guaranteed income throughout a retiree’s later years and help Americans improve their retirement security when they are most vulnerable to outliving their financial assets or facing lowered standards of living.


Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Sunday, October 19, 2014

IRS Allows Truncated SS#, EIN and TIN on Certain Forms

Effective July 2014 the IRS will allow truncating payee identification number on payee statements.

Filers of information returns Forms 1098, 1099, and 5498 are permitted to truncate a payee's SSN, ITIN, ATIN, or EIN on payee statements. Filers may truncate a payee's identification number on the payee statement (including substitute and composite substitute statements) furnished to the payee in paper form or electronically. If a filer truncates an identification number on Copy B, other copies of the form furnished to the payee may also include a truncated number.

Generally, the payee statement is that copy of an information return designated
"Copy B" on the form. A "payee" is any person who is required to receive a copy of the information set forth on an information return by the filer of the return. For some
forms, the term "payee" will refer to beneficiary, borrower, debtor, insured, participant, payer, policyholder, recipient, shareholder, student, or transferor.

A filer may not truncate a payee's identification number on any forms the filer files with the IRS. A filer's identification number may not be truncated on any form.

To truncate where allowed, replace the first 5 digits of the 9-digit number with asterisks (*) or Xs (for example, an SSN xxx-xx-xxxx would appear on the paper payee statement as ***-**-xxxx or XXX-XX-xxxx). See TreasuryDecision 9675, 2014-31 I.R.B. 242, available at www.irs.gov/irb/2014-31_IRB/ar07.html.





Solo 401k plan:Your Opportunity for Checkbook control of your future

Friday, October 17, 2014

Watch Out !! Your Large 401k Balance May Penalize You in Retirement


Medicare Premiums
Solo 401k


A new paper by HealthView Services, details how Medicare premiums and surcharges are charged to retirees’ Social Security payments.

Medicare uses Modified Adjusted Gross Income (MAGI) to calculate Medicare's premiums.

MAGI is the sum of almost all sources of retiree income, including money earned through work in retirement, Social Security, pensions, distributions from self-directed plans, dividends, realized interest and capital gains.
Once MAGI surpasses $85,000 for an individual, or $170,000 for a couple, Medicare surcharges and premium increases are charged, and withdrawn from monthly Social Security benefits.
The reduced payments could have considerable consequences on retirees’ monthly income in some cases.“These thresholds may seem high, but retirees including those on traditional pensions, are already crossing them,” explained Ron Mastrogiovanni, CEO of HealthView Services.

Because the income brackets for Medicare are not indexed to inflation, as interest rates rise, more retirees will suffer due to higher retirement income.
“Surcharges will not only impact affluent Americans, but practically everyone with a income that is moderate” said Mastrogiovanni.

Those increment premium surcharges could be significant, according to HealthView’s detail of Medicare’s charges. Medicare Part B and D costs increase by about 35 percent when retirees cross the MAGI first threshold. When the top threshold is exceeded ($214,000 for individual, $428,000 for a couple), premium costs can increase by 200 percent, according to HealthView.

Under the Medicare Modernization Act of 2007, means testing was introduced to deal with Medicare liabilities. Health care costs are projected to grow 6 percent annually over the next eight years, according to U.S. Office of the Actuary. That rate of inflation will certainly exceed Social Security adjustments, the latest was less than 2 percent.

“Those whose annual incomes propel them across MAGI thresholds will have to pay significantly more for the same services,” wrote the authors of Health View’s paper. Medicare uses a two-year “look back” period, meaning income earned at 63 is used to assess MAGI at 65. The sale of a house before retirement—an often-advised way of reducing costs after leaving the workforce—could generate capital that is enough to surpass a MAGI threshold.
Required minimum distributions that start after turning age 70 could also increase retiree income, and end up increasing monthly Medicare premiums.

Good News.! Retirees may also be able to move the MAGI gauge in a propitious direction.

Retirees can take strategic action to lower MAGI assessments. Diversifying portfolios with Roth IRAs, HSAs, and annuities can protect and grow assets while affirming income streams—and can all be used to potentially shift a retiree to a lower MAGI bracket, thus maximizing Social Security benefits.

"Pursing the goal of higher retirement income without consideration of MAGI may move a retiree into a higher surcharge bracket and potentially reduce income that is disposable" added Mastrogiovanni.
"In one of the case studies in our paper, it would require a 6 percent return on a $400,000 investment over five years, to equal the savings an advisor would be able to attain by simply adjusting their client's investment mix," he said.

A. When do I start making Medicare decisions?

The first date to sign up for Medicare Parts A and B  is the third month before turning 65, if you are not already enrolled. You may be enrolled if you already have started Social Security. If not, you can sign up for Medicare at your local Social Security office or online.

Medicare Parts A (Hospital Insurance) and B (Medical Insurance) together form Medicare and that’s where you should start.  File an application at least three months before your 65th birthday, and both parts should begin on the first day of the month. Part A is free for qualifying individuals and Part B costs most people $104.90 per in 2014 month. If you start Medicare before Social Security benefits, Medicare premiums will be automatically deducted from a personal account.

B. Why would the Part B premium be higher than $104.90 per month? If so, is it still advantageous to choose Part B?

If the modified adjusted gross income reported on your federal tax return two years earlier (i.e., in 2012 for 2014 Medicare purposes) is above $85,000 for an individual or $170,000 for joint filers, you will pay more for Part B than $104.90 per month in 2014. There are four MAGI tiers, each with graduated premiums, topping at $335.70 per month for incomes that are high. You can find the 2014 Medicare premium at:  http://www.medicare.gov/Pubs/pdf/11579.pdf.

You should choose Part B when you turn age 65 for several reasons.

1. It may not be too costly. The highest monthly premium ($335.70) was built to cover 100% of Part B’s cost.

2. You must have both parts(A & B) to qualify for Medigap coverage.

3. At 65, premiums will be permanently higher if you do not choose Part B. You can always change your part B election later.

C. Should I get a Medicare Supplement (“Medigap”) policy immediately?

Yes. Otherwise, you are subject to paying for gaps that Medicare does not cover. Medigap coverage is not difficult to review and buy, and there are protections during the initial Open Enrollment. This period begins on the first day of the month you turn 65 and are enrolled in Medicare Part B, and it ends six months later. During this period, you can’t be denied coverage or charged a higher premium for pre-existing conditions or health and/or lifestyle reasons.

Each year, you will have an opportunity to change Medigap plans during an Open Enrollment from October 15 to December 7. However, the protections for pre-existing conditions or health and/or lifestyle reasons will no longer apply.

D. Which Medigap plan should I choose, and what are the premiums?

Except for Massachusetts, Minnesota and Wisconsin who have their own Medigap systems, Medigap current programs fall into one of 10 standard designs each identified by a letter.
The 10 standard plans available for new sales are: A, B, C, D, F, G, K, L, M and N. Plan F is available in both a standard and a version that is high-deductible.

The basic policy of Plan A is usually the least expensive – costing from $130 to $260 per person per month. Premiums are influenced primarily by the cost of health care delivery in the plan’s geographic area.

Premiums are low in the high-deductible version of Plan F, and also in Plans K and L, which pay only 50% (Plan K) or 75% (Plan L) for several benefits. Plans D and G are expensive because they cover the full realm of benefits – .
Although standard plans make it easier for consumers to comparison shop, premiums can vary widely. The average premium for Medigap in the U.S. is about $2,000 per person.

If you are unsure about the design that is best for you, give special consideration to Plans F (standard) and C. These are the most popular, selected by 51% and 14% of the market, respectively.  They offer comprehensive benefits, and their popularity helps to increase scale and make premiums more affordable.

E. Should Medicare Prescription Drug Plan (Part D) be elected immediately?

Yes, as the 2014 Part D National Base premium is only $32.42 per month, although each plan is allowed to charge geographically competitive rates. Like Part B, premiums go up as MAGI increases. Part D is subsidized by the government at about 89%, so for most retired people it’s a good deal . Under the Patient Protection and Affordable Care Act(OBAMACARE), enhanced Part D benefits will phase in through 2020, so benefits will keep improving.
Note, premiums will go permanently higher if you don’t participate in Part D by the third month after you turn 65. Remember,you can shop around and switch plans each year during the Open Enrollment period from October 15 through December 7. Part D plans' premiums have become very competitive, so  it pays to shop for the best deal available each year . If you do not need prescription drugs when you turn 65, a prospective strategy is to choose the lowest-cost Part D plan as a proxy, to prevent future premiums from going higher. Then upgrade to a more comprehensive plan if you need more prescription drugs later.

F. What is Part C Medicare Advantage?

 All Medicare participants who have Parts A and B are able to receive treatment through private health insurance plans. The premiums charged by these plans are paid directly by Medicare, and some Medicare Advantage plans add an additional premium that is paid directly by members. Almost 12 million people, about 25% of all Medicare participants, now choose Part C.
Medicare Advantage plans must provide all benefits of Part A and Part B coverage, including emergency and care that is urgent. They also may add benefits that are extra included in Parts A and B, such as prescription drug, vision, hearing, dental, and wellness programs. People who participate in Medicare Advantage do not need separate coverage that is medigap and by law Medigap can’t be sold to Medicare Advantage participants.

G. What are the drawbacks to Medicare Advantage plans?

Yes. Medicare Advantage plans may have different deductibles and co-pay arrangements than original Medicare, and they may charge premiums that are extra. Their costs that are out-of-pocket will increase in the future due to changes mandated by the Patient Protection and Affordable Care Act(OBAMACARE).

Since Medicare Advantage participation has increased, the cost of the “Part C subsidy” has escalated for the U.S. Government. The government now estimates that its cost per Part C participant is about 13% higher than in traditional Medicare. The primary cause of higher cost is the county-level formula that benchmarking uses to reimburse private health care organizations. Benchmarking rates for Part C are up to 40% above comparable fee-for-service cost, effectively creating a national government subsidy for Medicare Advantage.

The Patient Protection and Affordable Care Act(OBAMACARE) will reduce the benchmark rates to between 95% and 115% of fee-for-service costs, which is expected to save Medicare $136 billion over a decade. However, it also will cause Medicare Advantage plans to reduce benefits and increase co-pays and deductibles. The Congressional Budget Office has projected that benefit cuts and fee increases will cause enrollment in Medicare Advantage to decline by 35-50% over several years.

H.  Are Medicare and Medigap premiums deductible?

For taxpayers who itemize income tax deductions, Medicare Part B and D premiums, Medigap premiums and any out-of-pocket costs are deductible to the extent that they exceed 7.5% of adjusted income that is gross AGI. Since 2010, the IRS has allowed self-employed individuals to claim Medicare Part B and D premiums for purposes of the health deduction, to the extent that premiums exceed net income from self employment less 50% of the self-employment tax and any retirement plan contribution.

I. Is there a smart Medicare strategy?

Most people should consider:
1) Apply three months before age 65
2) Enroll in in Parts B and D;
3) Choose affordable plans for Medigap and Part D; and
4) Keep shopping for better Medigap and Part D coverage and, if favorable, switch plans during the Open Enrollment period from October 15 through December 7.

For 2014-2015 expect to spend about $3,000 to $4,000 per person per year for the total realizing that comparable private insurance could cost three to four times more. The Medicare trust fund is scheduled to run out of money in 2026, so it’s also smart to expect the total cost of  medicare/Medigap to increase gradually during retirement, as seniors are forced to pick up a larger share of the bill.

Solo 401k plan:Your Opportunity for Checkbook control of your future

Monday, September 29, 2014

401k Tax Required by Florida on Participant Loans

Document tax for Florida 401k loans



Under Florida revenue laws, a document tax is imposed on loan transactions that are made, signed, executed, issued, or transacted in the State.  The Florida Department of Revenue has ruled that pension and 401(k) plan loans are subject to the tax. 

Section 201.08(1), F.S., imposes documentary stamp tax on written obligations to pay money that are made, executed, or delivered in Florida, including promissory notes made in connection with pension plan loans, 401K plan loans, and share loans. To constitute a taxable written obligation to pay money, the document must contain an unconditional written obligation to pay a sum certain in money and be signed by the obligor.

To be taxable, the written obligation must be fixed and absolute at the time of execution. The tax rate on written obligations to pay money is $.35 for each $100, or fraction thereof, of the obligation evidenced by the document.

The law further provides that no state court may enforce the provisions of a promissory note if the document tax is not paid.

A failure to pay the tax could mean that a 401(k) plan is making loans that are not adequately secured, creating the {possibilities} for both prohibited transaction issues and operational failure issues.

The Florida statute reaches not only plan loans made to participants who are Florida residents but to plans with sponsors resident in Florida or third party administrators resident in Florida.

The Florida law contemplates a procedure for paying past due taxes.

No other state currently appears to have a loan tax


Solo 401k plan:Your Opportunity for Checkbook control of your future

Friday, June 13, 2014

IRA one-rollover-per-year rule. Another reason for Solo 401k



You generally cannot make more than one rollover from the same IRA within a 1-year period. You also cannot make a rollover during this 1-year period from the IRA to which the distribution was rolled over.
Beginning after January 1, 2015, you can make only one rollover from an IRA to another (or the same) IRA in any 12-month period, regardless of the number of IRAs you own.
The one-per year limit does not apply to:
  • rollovers from traditional IRAs to Roth IRAs (conversions)
  • trustee-to-trustee transfers to another IRA
  • IRA-to-plan rollovers
  • plan-to-IRA rollovers
  • plan-to-plan rollovers
Once this rule takes effect, the tax consequences are:
  • you must include in gross income any previously untaxed amounts distributed from an IRA if you made an IRA-to-IRA rollover (other than a rollover from a traditional IRA to a Roth IRA) in the preceding 12 months, and
  • you may be subject to the 10% early withdrawal tax on the amount you include in gross income.


You can still roll several traditional IRAs into a Solo 401k plan without penalty. Maybe now is the time to Roll your IRAs over.


Solo 401k plan:Your Opportunity for Checkbook control of your future

Thursday, June 12, 2014

IRAs Attacked by Supreme Court.Court Rules Against!



Supreme Court rules that inherited IRAs are not Protected in Bankruptcy
Solo 401k




On June 12th, The U.S. Supreme Court  

ruled that inherited IRAs are not protected from creditors in bankruptcy. In a unanimous opinion, the Supreme court court held that an IRA inherited by someone other than a spouse cannot be considered a retirement fund, because the IRA's beneficiary cannot invest further money and must take distributions within a set number of years.

"Nothing about the inherited IRA’s legal characteristics would prevent (or even discourage) the individual from using the entire balance of the account on a vacation home or sports car immediately after her bankruptcy proceedings are complete," the ruling said.


This is just another reason to use a Solo-k as your retirement vehicle instead of an IRA. If you have an IRA, now,may be the time you should convert.


Solo 401k plan:Your Opportunity for Checkbook control of your future

Tuesday, June 10, 2014

Made an Indirect IRA Rollover Reporting Mistake?

Made an Indirect SEP Rollover Reporting Mistake
Solo 401k









There are several options available to respond to the IRS changes to a tax return for an unreported IRA indirect rollover. IRS changes with a $6978 penalty and $1541 interest charges

1. Provide a statement, as part of your response, that an indirect rollover was made, within the 60 day period, to the Solo 401k plan. Provide copies of the Solo 401k bank statement reflecting the deposit and the Solo-k name on the account.

2. Prepare an amended return on 1040X writing "CP2000" on the top of the form. Include the amended return with your response. On the amended return fill in box 15a with the amount of the indirect rollover, and in box 15b write “$0 ROLLOVER”. (If your accountant has any questions about this, please refer them to page 24 of the IRS’s 2012 1040 Instructions. or see Publication 575)

3. Although it is not necessary to file a 5500EZ for a Solo 401(k) that has less than $250k of assets, a plan holder may file if he wishes. This would be a possible way to advise the IRS of the indirect rollover.  Simply fill in the amount of the indirect rollover in box 8 C and the IRS will cross reference this with the 1099R. Thus no taxes will be due. Include a copy of the filing with your response to the letter. Currently the IRS is allowing filing of prior years' 5500EZs without penalty.

Solo 401k plan:Your Opportunity for Checkbook control of your future



The information furnished on this Blog is intended to provide users with general information on certain matters that they may find to be of personal interest.
Although every effort has been made to offer current and accurate information, errors can occur. In addition, this blog may contain references to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances. Inasmuch, this information is provided "as is", with no guarantees of completeness, accuracy or timeliness, and without warranties of any kind, express or implicit. To the fullest extent permissible pursuant to applicable law, The Solo-k Retirement Group disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
The information presented on this blog should not be construed as legal, tax or accounting advice. You should consult with a professional advisor familiar with your particular factual situation for advice concerning specific tax or other matters before making any decisions.
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In no event will The Solo-k Retirement Group be liable for any direct or indirect, special, incidental, consequential or punitive damages or lost profits arising in connection with use of this blog.

Monday, June 02, 2014

Target Date Funds under Dept of Labor Scrutiny

Dept of Labor Scrutiny of Target Date Funds
SOLO 401k





The Department of Labor is proposing to amend its qualified default investment alternative regulation (29 CFR 2550.404c-5) and participant-level fee disclosure regulation (29 CFR 2550.404a-5).1.

In particular, the proposal would require a rationalization of the TARGET DATE FUNDS’s asset allocation, how the asset allocation will change over time (the TARGET DATE FUNDS’s “glide path”), and the date when the TARGET DATE FUNDS will reach its asset allocation zenith; including a chart, table, or other chart representation demonstrating the changes in asset allocation. 

The proposal also would require information about the significance of the TARGET DATE FUNDS’s “target date;” including any hypothesis about participants’ contribution and withdrawal intentions following the target date. 

Additionally a disclosure statement that TARGET DATE FUNDSs do not guarantee sufficient retirement income and that participants may lose money by investing in the TARGET DATE FUNDS, including losses both before  and after retirement.


Plan participants would benefit from any additional information concerning these investments.
Solo 401k plan:Your Opportunity for Checkbook control of your future

Unwise Real Estate Investments Sends Investor to Poor House

poor real estate investments may cause problems
solo 401k









A Dept.of Labor  Consent judgement against Georgetown Realty Inc.the company's owner, John Mahaffy,resulted in restitution of $420,127 to the Georgetown Realty Inc. Profit Sharing Plan and Trust for losses due to unwise real estate investments overseen by Mahaffy. In addition, Mahaffy is barred from serving any employee benefit plan covered under the Employee Retirement Income Security Act.

Mahaffy used 80% of the plan's assets to invest in purchasing property for a resort. The resort failed and the lenders foreclosed. The plan participants lost most of their retirement accounts

The DOL filed a lawsuit, Perez v. Georgetown Realty Inc. (civil action number 3:12-cv-01164), in the U.S. District Court for the District of Oregon.


What is the difference between Investment and Speculation?



Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Wednesday, May 14, 2014

IRS Spells "RELIEF" with new Procedure and Notice

Solo-k Plan

The IRS provides relief from certain IRS penalties for the late filing of a Form 5500 return. Revenue Procedure 2014-32 establishes a temporary relief program for the late filing of a Form 5500EZ return for Solo-k retirement plans.
Under Notice 2014-35, the IRS will not impose penalties for a plan's late filing of a Form 5500EZ return for a year for which one of these forms must be filed, 

The IRS will not impose any penalty on Solo 401k plans for delinquent filing of a Form 5500EZ return if the applicant submits to the IRS:
  • A complete Form 5500EZ return, including all required schedules and attachments, for each plan year for which relief is requested. Each late Form 5500 return must be marked, in red letters at the top margin of the first page, "Delinquent return submitted under Rev. Proc. 2014-32, Eligible for Penalty Relief."
  • A completed paper copy of the Transmittal Schedule provided in the appendix of Revenue Procedure 2014-32, attached to the front of each delinquent return.
Multiple Form 5500 Series returns covering several plan years can be included in a single session. 
Under the new procedure, delinquent filers can submit an application for penalty relief from June 2, 2014 until June 2, 2015. 
After the temporary pilot program ends, the IRS will determine whether it should install a permanent program. Unlike the pilot program, any final program will probably include a fee.  
We had a client who filed his 2012 5500EZ last year without signing the form. The IRS responded after the due date that the return was unacceptable as it was unsigned. The IRS  fined the plan sponsor $1800 for the failure. This new pilot program will save a lot of heartache.
Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Thursday, March 27, 2014

401k Brokerage Account Windows Targeted


Solo-k Plan




Self-directed 401k brokerage account windows have invariably been debatable. They might work perfectly for most physician or perhaps dental care 401k plans, but possibly are not appropriate in some other 401k plans.

Just recently the Department of Labor (DoL) indicated they plan to provide additional regulations on the use of brokerage account windows. Investment Professionals believe it is likely to be negative for brokerage window proponents since the DoL:

  • Has typically been concerned with whether unsophisticated users get sufficient guidance to reach sound investing decisions. For instance, some participants might end up deciding to put money into much greater cost full price share class mutual funds simply because they had no clue there are many other share classes.

  • Has previously shown worry regarding an employer’s fiduciary obligations when providing a brokerage account window. Moving forward with the previous point, could it be an employer’s fiduciary responsibility to assist participants choose the proper mutual fund share class?

  • Thinks plan sponsors should limit investment options to a workable range, as opposed to the whole market which can be available with brokerage account windows. Once more, coming from a fiduciary point of view, just how are participants who can not manage to purchase investment recommendations directed towards suitable investment choices?

  • Is particularly worried about whether or not it is reasonable for employers to provide brokerage account windows as the sole investment choice. There is lots of research data revealing that many investment options paralyze and perplex some participants.

What does the future of brokerage windows hold?

Most envision the DoL will:

  1. Set up fiduciary recommendations and constraints for offering brokerage account windows;

  1. Call for more notices for plan participants who may have access to brokerage account windows;

  1. Control their use as the sole investment choice within a retirement plan; and

  1. Offer clarification regarding the achievable range choices question brought up in the Hecker vs. Deere case where:

“Participants could choose to buy
twenty basic mutual funds and more
than 2500 others through BrokerageLink.
All these funds were also offered to
investors in the general public so expense
ratios were necessarily set to attract
investors in the marketplace. The expense
ratios among the twenty primary funds
ranges from just over 1% to as low as
.07%. Unquestionably, participants were
in a position to consider and adjust their
investment strategy based in part on the
relative cost of investing in these funds. It
is untenable to suggest that all of the more
than 2500 publicly available investment
options had excessive expense ratios. The
only possible conclusion is that to the
extent participants incurred excessive
expenses, those losses were the result of
participants exercising control over their
investments within the meaning of the safe
harbor provision.”


To put it briefly, the DoL will probably make promoting 401k brokerage account window choices more administratively troublesome as well as costly.





Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Thursday, February 06, 2014

SELF DIRECTED OR ADVISOR FEE PAID--- WHO CAPTURED THE HIGHER RETURN

Self directed higher returns
Solo 401k




In 2013 Sigfig, an online site which helps about one million investors track and manager their money, reviewed the performance of their investors’ funds. Those investors that directed their own investments captured a 17.1% return over the year. Those investors paying fees to advisors only captured portfolio returns of 14.1% in 2013.

Why??

According to advisors, the difference in returns arose because the investments of self directed investors were not as diversified as the portfolios recommended by advisors. Advisor portfolios included a higher weighting in bonds and international markets, both of which fared poorly in 2013.

Advisor fees affected the returns as well. Average expense ratios ranged from 90 basis points for clients with less than $250,000 in holdings to 40 basis points for those with more than $2 million invested.

Apparently self directed investors are willing to accept more risk and therefore capture higher returns with fewer fees.




Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Wednesday, February 05, 2014

Tax Court Attacks IRA Rollover Rule

Tax Court Attacks IRA rollover rule

In Bobrow v. Commissioner, the Tax Court ruled that each taxpayer is limited to one IRA distribution eligible for rollover per 12-month period, regardless of the number of IRAs the taxpayer may have. 

IRS Publication 590 clearly states that each IRA owned by a taxpayer (not including beneficiary IRAs) is entitled to one rollover-eligible distribution per 12-month period. Seems like a difference of interpretation. 

We are awaiting further IRS guidance.


Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Thursday, January 30, 2014

Text of Presidential Memorandum to Secretary of the Treasury -- Retirement Savings Security

The White House
Solo 401k



"(a) By December 31, 2014, you shall finalize the development of a new retirement savings security that can be made available through employers to their employees.




This security shall be focused on reaching new and small-dollar savers and shall have low barriers to entry, including a low minimum opening amount. In developing this security, you shall ensure that it:

(i) protects the principal contributed while earning interest at a rate based on yields on outstanding Treasury securities;

(ii) offers savers the flexibility to take money out if they have an emergency and keep the same Treasury security if they change jobs; and

(iii) is designed to help savers start on a path to long-term saving and serve as a stepping stone to the broader array of retirement products available in today's marketplace.

(b) Within 90 days of the date of this memorandum, you shall begin work with employers, stakeholders, and, as appropriate, other Federal agencies to develop a pilot project to make the security developed pursuant to subsection (a) of this section available through payroll deduction to facilitate easy and automatic contributions."



Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

Wednesday, January 29, 2014

SURPRISE!!. YOU MAY BE SUBJECT TO THE NEW 3.8% NET INVESTMENT INCOME TAX

Roth Solo 401k


The Patient Protection and Affordable Care Act (PPACA) added 3.8% Net Investment Income Tax to the Internal Revenue Code. The tax applies to net investment income of individuals with income higher than the below listed threshold amounts.
The final regulations generally apply to tax years beginning after December 31, 2013 to Individuals if they have net investment income and their modified adjusted gross income exceeds the thresholds:
Filing status
Threshold amount
Married filing jointly with dependent child
$250,000
Married filing separately
$125,000
Single/head of household
$200,000
For individuals whose modified adjusted gross income exceeds the thresholds, the Net Investment Income Tax applies to the lesser of:
1.    The amount by which modified adjusted gross income exceeds the threshold in the table above
or
2.    The amount of net investment income

Net investment income is generally the sum of the income items below, reduced by expenses allocable to the income:


1.  Gross income from interest, dividends, royalties and rents, except to the extent such income is excluded under the ordinary course of a trade or business exception
 
2.    Passive income from some trades or businesses, including those trading financial instruments or commodities
 
3.    Net capital gains attributable to the disposition of property.
 

   
The Roth Solo 401k plan can provide the exemptions from the tax as:

the following are not subject to the Net Investment Income Tax:
·         Dividends on employer stock distributed to participants under Section 404(k)
·         Amounts treated as distributed for tax purposes, such as a Roth IRA conversion
·         Rollovers to an IRA or another qualified plan
·         Corrective distributions from a qualified plan or arrangement necessary to maintain its tax-favored status
·         Net unrealized appreciation attributable to employer securities that is realized on the later sale of the employer securities
·         Amounts taxed as wages
Roth Solo 401k distributions are not includable in income so they will not increase modified adjusted gross income.

Check with your Accountant or CPA and avoid the Surprise!!



Solo 401k Plan: Your Opportunity for Checkbook Control of Your Future

(Information provided as an informational service and not to be construed as tax or legal advice)