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A Checklist for Plan Sponsors

June 6, 2024 by Admin

task list is ticked off in detailOnce a retirement savings plan has been approved and is in place, it’s tempting to sit back and adopt an “I’m done,” hands-off attitude. However, to ensure that a plan will continue to operate effectively, employers should periodically review plan provisions and features. Here are some points to check.

  • How the plan is presented. The more convinced employees are of the wisdom of saving for retirement, the greater the level of employee participation. The greater the participation, the more the plan can benefit all employees — including highly compensated ones. Regular meetings, newsletters, and handouts are effective means of communicating plan advantages. Check to make sure printed materials are up to date and easy to understand, and distribute them frequently.
  • Plan investments. Employers that sponsor participant-directed plans can limit potential legal liability for losses caused by employees’ investment decisions if plan investment choices meet certain requirements under Section 404(c). Very generally, where 404(c) protection is sought, a plan should offer at least three “core” investment choices, allow employees to switch investments at least once each quarter, and provide participants with adequate disclosure of specified investment information.
  • Administration. Participants and beneficiaries must be given a copy of the Summary Plan Description (SPD) within 120 days after a plan is adopted or within 90 days after becoming eligible to participate in the plan or receive benefits. Review the SPD to make sure it accurately describes the provisions of your plan. If changes have been made to the plan document — which is likely, given the recent tax law changes — then all participants must receive a notification of these changes within 210 days after the end of the plan year in which the changes were adopted. Generally, all participants must receive a copy of the SPD every five years.
  • Summary annual reports (SARs). Summary annual reports must be distributed to participants within nine months after the close of the plan year. If a plan receives an extension to file its annual report (Form 5500) with the IRS, then the SAR must be distributed within two months after the end of the extension.
  • Plan rollovers. Qualified plans must allow a participant to elect direct rollover of any eligible distribution to an IRA or another employer-sponsored retirement plan. Your plan should have procedures in place to handle direct rollovers.
  • Bonding. Generally, plan fiduciaries and others who handle the assets of a plan must be bonded. The bond must be equal to at least 10% of the funds handled by the bonded individual, but cannot be for less than $1,000 and need not be for more than $500,000.
  • Loans to participants. Loans that are not properly administered may be treated as constructive distributions resulting in taxable income to the recipients. Review loans to make sure that loan balances do not exceed the maximum limitations. Unless used to finance the purchase of a principal residence, all loans must be repaid within five years. A plan may impose more stringent conditions on loans than the law requires.
  • Plan forms. All forms should meet current requirements. Forms that may need updating include beneficiary designation forms, benefit election forms, and the notice of distribution options.

Filed Under: Retirement

Estate Settlement Services

May 21, 2024 by Admin

Close up focus on keys in happy African American woman hand, smiling satisfied young female tenant homeowner excited by relocation, purchasing first own apartment home, ownership and safety conceptLike most successful people, you want to be certain that what you have spent a lifetime building will be passed on to your heirs in the manner you desire. Retaining an attorney to draft a will is a critical first step in achieving this goal. It’s equally important that you carefully select a personal representative (or executor) to carry out the instructions in your will.

What Is at Stake

Your choice of personal representative may determine how effectively and quickly your estate is settled. Ideally, your personal representative should have the skills and experience to ensure that your estate will be administered properly under your state’s laws. Also, you should have a level of trust that your representative will carry out your instructions in a way that protects your heirs financially.

Estate Settlement Is a Complex Undertaking

A qualified personal representative will:

  • Locate your will
  • Consult with your attorney
  • Obtain court authority (probate the will)
  • Determine your family’s immediate needs and arrange for support and maintenance payments to be made to dependents while your estate is being settled, as allowed under the terms of your will

Once the estate administration process starts, he or she will:

  • Keep estate assets secure
  • Contact life insurance companies
  • File claims for any retirement, Social Security, and veterans benefits
  • Collect outstanding debts
  • Inform creditors of your death
  • Pay bills
  • Sell property as you have directed or that needs to be sold within the executor’s discretion to meet estate taxes or debts or to facilitate bequests under your will
  • Maintain timely and accurate records of all estate-related transactions
  • Record and inform your heirs and the probate court of all estate transactions
  • Prepare and file all required federal and state income and estate tax returns
  • Distribute probate property to your beneficiaries

Another Option

Given the complexity of all that’s involved in settling an estate, it may make sense to name an institution as your personal representative. If, however, you are more comfortable with the thought of a relative or friend settling your estate, you have the option of naming the individual and the institution as co-personal representatives. The person you’ve selected will be involved in all estate-related decisions but can leave the administrative and asset management duties in the hands of the institution.

Filed Under: Estate and Trusts

Understanding Total Return

April 17, 2024 by Admin

A mutual fund’s performance — its total return — can be either positive or negative. In other words, a fund either made or lost money for a measured time period. There are three separate elements that contribute to total return: the distribution of fund income (interest and dividends received on the fund’s investments); the distribution of capital gains; and the rise or fall in the price of fund shares. A fuller understanding of these three elements can help you make more informed decisions as an investor.

Fund Income

Bond issuers, such as corporations and the U.S. government, pay interest on the money loaned to them by the investors that buy the bonds. If you buy a government bond, for example, you know how much interest the bond will pay you over the life of the bond. Bonds are also known as “fixed-income” investments because you can anticipate your earnings.

If you own shares in a bond fund rather than an individual bond, you will share in the interest earned by the bonds in the fund. However, if you own your bond fund through an employer’s retirement plan, you do not actually receive your share of the interest income in cash. Instead, your share of the interest is reinvested in the fund and is used to buy additional shares for your account.

If you own shares in a stock fund, you may receive a distribution of dividends the fund received on its various stock holdings. Your share of the dividends paid to a stock fund you own through an employer’s retirement plan is reinvested in that fund and used to buy additional shares.

Capital Gains Distributions

When fund managers sell an investment that has increased in price, the fund will have a capital gain. Funds, of course, have losers as well as winners. When a fund sells an investment for less than it paid for it, the fund suffers a loss. Most mutual funds distribute capital gains (minus capital losses) to their shareholders at the end of the year. If you own funds through a retirement account, then the capital gains distributions are reinvested in additional fund shares.

Rise or Fall in Fund Share Prices

The market prices of stocks and bonds rarely remain static — they typically rise and fall each trading day. Thus, the share price of a fund depends on the current value of the investments it holds in its portfolio, after deduction of expenses and liabilities. As an investor, it’s important to understand that until you sell your shares in a fund, any gain or loss in their value is only a gain or loss on paper.

Total Return and Fund Performance

There are several ways to measure fund performance, and total return plays a part in each method.

  • Average annual total return: One way to measure the performance of a mutual fund is to look at its average annual total return for different periods of time. A comparison of a fund’s return to a benchmark will show how the fund has performed relative to an index.
  • Cumulative total return: Looking at a fund’s cumulative total return shows how much a fund has earned over a specific period.
  • Year-by-year returns: It can be helpful to compare a fund’s performance from one year to the next. If you notice a wide variation year to year, the fund is most likely a highly volatile one.

You should consider the fund’s investment objectives, charges, expenses, and risks carefully before you invest. The fund’s prospectus, which can be obtained from your financial representative, contains this and other information about the fund. Read the prospectus carefully before you invest or send money. Shares, when redeemed, may be worth more or less than their original cost.

Prices of fixed income securities may fluctuate due to interest rate changes. Investors may lose money if bonds are sold before maturity.

Stock investing involves a high degree of risk. Stock prices fluctuate and investors may lose money.

Filed Under: Investment

Rules for Borrowing From Your IRA

March 25, 2024 by Admin

Busy elegant bearded adult company director, checking the company finances, at the office.Individual Retirement Accounts (IRAs) are designed to help you save for retirement, and they come with a set of rules and regulations to encourage long-term savings. While it’s generally not recommended to dip into your IRA before retirement, there are certain circumstances where you can borrow from your IRA without incurring penalties or taxes. However, it’s crucial to understand the rules and potential consequences of doing so. In this article, we’ll explore the rules for borrowing from your IRA.

Types of IRAs

Before we delve into the rules for borrowing from your IRA, it’s essential to understand the two main types of IRAs: Traditional IRAs and Roth IRAs. The rules for borrowing from these accounts differ significantly.

1. Traditional IRA:

Contributions: You may make tax-deductible contributions to a Traditional IRA, which can reduce your taxable income in the year you make the contribution.

Distributions: Distributions from a Traditional IRA are generally taxed as ordinary income. You must start taking required minimum distributions (RMDs) after reaching the age of 72.

2. Roth IRA:

Contributions: Roth IRAs accept after-tax contributions. This means you don’t get a tax deduction when you contribute, but qualified distributions in retirement are tax-free.

Distributions: Contributions to a Roth IRA can be withdrawn at any time without taxes or penalties. Earnings, however, may be subject to penalties and taxes if withdrawn before age 59½.

Now, let’s look at the specific rules for borrowing from both types of IRAs.

Borrowing from a Traditional IRA

Traditional IRAs have strict rules regarding borrowing money, and taking funds from your Traditional IRA may result in taxes and penalties. Here are the key points to consider:

1. Early Withdrawal Penalty: If you withdraw funds from your Traditional IRA before you reach age 59½, you will typically face a 10% early withdrawal penalty. Additionally, the distribution is subject to income tax.

2. Exceptions: There are specific exceptions to the early withdrawal penalty, such as using the funds for qualified education expenses, first-time home purchases, certain medical expenses, or to cover substantial unreimbursed medical insurance premiums if you’re unemployed.

3. Required Minimum Distributions (RMDs): Starting at age 72, you are required to take minimum distributions from your Traditional IRA. Failing to do so can result in hefty penalties.

Borrowing from a Roth IRA

Roth IRAs have more flexibility when it comes to accessing your contributions, but the rules for earnings are stricter:

1. Contributions: You can withdraw your Roth IRA contributions at any time without incurring taxes or penalties. This is because you’ve already paid taxes on these funds.

2. Earnings: If you withdraw earnings from your Roth IRA before age 59½, the distribution may be subject to income tax and a 10% early withdrawal penalty, unless an exception applies.

3. Exceptions: Similar to Traditional IRAs, there are exceptions to the early withdrawal penalty for Roth IRAs, including qualified first-time home purchases and certain medical expenses.

It’s essential to note that borrowing from your retirement accounts should be a last resort. When you take money out of your IRA, you’re not only potentially subject to taxes and penalties, but you’re also depleting your retirement savings. It’s generally recommended to explore other financial options, such as emergency funds, low-interest loans, or budget adjustments, before considering an IRA withdrawal.

IRAs are intended for retirement savings, and there are rules in place to encourage responsible use. While there are exceptions to these rules, it’s vital to consult with a financial advisor or tax professional before making any decisions about borrowing from your IRA. Your financial future is at stake, and making informed choices is key to a comfortable retirement.

Filed Under: Individual Tax

Beneficial Ownership Information Reporting Under the Corporate Transparency Act

February 21, 2024 by Admin

close up of male hand filling US tax form. Accountant working with 1040 form. April, tax for timeWhat is Beneficial Ownership Information Reporting?

Beneficial Ownership Information (BOI) reporting is a federal requirement by the Corporate Transparency Act (CTA). BOI reports include information about all the company’s beneficial owners.

Who is considered a Beneficial Owner?

A beneficial owner is any individual who, directly or indirectly, exercises substantial control over a reporting company or owns or controls at least 25 percent of the company’s ownership interests.

What is the Corporate Transparency Act?

The Corporate Transparency Act (CTA) is a United States federal law that aims to increase transparency in corporate ownership. The law requires that individuals considered beneficial company owners in the U.S. provide the Financial Crimes Enforcement Network (FinCEN) with specific information.

For individuals, that includes:

  • their full name
  • date of birth
  • current residential address
  • a federally issued identification number from a driver’s license or passport

For companies, that includes:

  • legal entity name or DBA name
  • business address
  • state jurisdiction of formation of registration
  • IRS TIN

Any changes to the above reporting information must be updated with the FinCEN within 30 days of the change.

What is considered a Reporting Company?

Companies required to report a BOI are referred to as reporting companies. There are two types of reporting companies: domestic and foreign. They are defined as follows:

  1. Domestic reporting companies are corporations, limited liability companies (LLC), and other entities created by filing a document with a secretary of state or similar office in the U.S.
  2. Foreign reporting companies are entities (including corporations and LLCs) formed under a foreign country’s law and registered to do business in the U.S. by filing a document with a secretary of state or similar office.

There are 23 types of entities that are exempt from the reporting requirements. Those entities can be found on the FinCEN website.

What is the Reporting Process?

The reporting process takes place via an online portal on the FinCEN’s website. Filing begins January 1, 2024, with an initial filing window of one year (i.e., initial BOI reporting can be done from January 1, 2024, through January 1, 2025). The FinCEN will not accept BOI reporting before January 1, 2024. There is no fee for submitting this information.

New entities established after December 31, 2023, must report within 90 days of establishment.

Hefty civil ($500/day) and criminal penalties (up to $10,000) can be imposed on companies that fail to file a complete report.

To be sure that you and your firm comply with BOI reporting requirements, check with your trusted tax accountant or CPA.

Filed Under: Business Tax

Back to Business Basics

January 4, 2024 by Admin

Cropped shot of a group of colleagues having a discussion in a modern officeIt’s reassuring to remember that downturns are a normal part of the business cycle. And, just as there are strategies that help businesses thrive during profitable times, there are basic survival tactics that businesses can employ when the outlook is less than rosy.

Control Spending

Finances should be your fundamental concern when economic conditions are unsettled. When sales are slow, it’s time to preserve your cash. Look closely at how you can reduce overhead. Make certain that all your operating expenses are necessary. Even if you’ve recently made cuts, see if there are other measures you can take. Unless absolutely necessary, consider putting plans that call for capital investment on the back burner until conditions improve.

Maintain Customers

While containing costs is essential, maintaining your customer base is also crucial. So, when you’re deciding how to trim spending, make sure you don’t make cuts in areas that deliver real value to your customers. At the same time, watch your receivables. Make sure your customers’ accounts stay current.

Think Short Term

Plan purchases for the short term, keeping a minimum of cash tied up in inventory. At the same time, however, make sure you’ll be able to restock quickly. Your suppliers may be able to suggest ways you can cut costs (perhaps by using different materials or an alternative manufacturing process). See if you can negotiate better credit terms.

Plan for Contingencies

There’s a big difference between imagining that you might have to seriously scale back your business and having an action plan in place that you can quickly execute. To develop a realistic contingency plan, prepare a budget based on the impact you imagine an extended downturn would have on your business. Then outline the steps you would need to take to survive those conditions. For an added level of preparedness, draw up a second, “worst case scenario” budget and chart the cost-cutting steps you’d need to take to outlive those more dire circumstances.

Many businesses will survive challenging economic times by being informed about their financial condition and by planning ahead to succeed.

Filed Under: Best Business Practices

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