美国国税局将打击个人401(k)计划不合规的行为
像大多数组织一样, the IRS works to meet a series of goals and objectives to achieve growth and sustainability and tasks departments and divisions within the organization to develop their own strategies designed to benefit the organization as a whole. This year, one strategy, in particular, is sure to put a few business owners on the hot seat. 根据美国国税局, the TE/GE (Tax Exempt and 政府 Entities) division has made a commitment to review solo 401(k) plans (traditional 401(k) plans that cover a 100 percent business owner with no employees, or the business owner and their spouse) in an effort to “determine if there are operational or qualification failures, 所得税和消费税调整, 或者计划文件违规.”
个人401(k)计划的发起人应该担心吗?
There are certain financial institutions that regularly offer to administer one-participant 401(k) plans for free. 然而，像大多数事情一样，一分钱一分货. 不幸的是, 当这些计划最终被审计时, they often fail to comply with current IRS and Department of Labor (DOL) requirements. Therefore, if this sounds like your existing scenario, yes, you may have something to worry about. 另一方面, if your plan is being provided and maintained by a trusted third-party administrator, 你很可能是清白的. 确定, you may be paying a nominal annual fee for the administration of these plans, but you’re truly paying for the peace of mind of knowing that your plan is in good, working order and meets all necessary compliance measures.
好消息是, 关于个人的401(k)计划, is that they are virtually similar to other 401(k) plans. +, because there is only one participant – you – you don’t have to worry about compliance issues that traditionally apply to these types of retirement plans, such as minimum coverage and 不歧视 测试, 顶重规则, 和ERISA第一章. 另一方面, the bad news pertaining to these types of plans occurs when businesses are caught straying outside of the solo 401(k) plan’s strict eligibility rules, which results in increased exposure to correction costs and sanctions.
个人401(k)计划发起人为何要担心?
一旦计划被选中进行审核, there is really no correction program available if a compliance issue pertaining to your solo 401(k) plan is identified – your fines 和罚款 will simply have to be negotiated with the IRS. 然而, as you might imagine, the IRS will be in a stronger position to negotiate.
如果你目前有个人401(k)计划, read on to discover five key areas that could result in audit findings, 费用, 和罚款. 和, if you would like more information or help reviewing your existing plan, reach out to your retirement plan advisor as soon as possible to minimize (and hopefully eliminate) your risk.
听...... 集92，《比较靠谱的赌博软件》 & “设计理想的退休计划” 不适合在意图电台播放,意图 & 协会获奖的每周播客.
What An IRS 审计 Might Reveal: Mind These Five Solo 401(k) Plan Faux Pas
1. 你是独行侠
If you have hired an employee and they are eligible to receive benefits, 你的个人401(k)计划不再适用. 而不是, 你现在受最低保额的限制, 不歧视, and top-heavy rules – not to mention ERISA reporting and disclosure requirements. If your business currently sponsors a one-participant 401(k) plan, 但你有员工在发工资, the IRS is sure to smell blood in the water and an agent may even be on their way. 还记得, if your business has employees or if you plan to hire in the future, 不要选择单独的401(k)计划. This is especially important if any employee you hire is expected to work more than 1,每年000小时.
2. 缺乏(真正的)控制
即使你是独唱, if your business actually falls under the common control of another entity that is currently the workplace of common law employees, yours may not even be eligible for the solo 401(k) plan option. 而不是, because the employees of the other business could ultimately be eligible for the benefits outlined in your plan document – you too are subject to the potential coverage, 测试, 以及之前提到的头重脚轻的问题.
3. 错过了EZ要求
As long as your plan’s assets come in at less than $250,000, 个人401(k)计划的发起人则不需要缴纳 备案表5500-EZ. 然而, once your plan exceeds this threshold and you fail to fie the required form, the IRS and the Department of Labor will hit you with strict penalties that could cost you $250 per day, 最高150美元,表格5500或5500- ez每迟交5000美元, 加上利息. If you’ve already crossed the threshold, consider seeing out the DOL’s 5500-EZ表格迟报者的罚款减免计划.
4. 不仅仅是挑战极限，还要超越极限
与401(k)计划类似, solo plans are not allowed to exceed the dollar limit outlined within the Internal Revenue Code. In 2021, the limit stands is $19,500 (and $26,000 for those 50 and older). 此外，415(c)的限制，其中 州 在限制年度内, 雇主供款总额, 员工的贡献, and forfeitures made for a participant cannot exceed the lesser of 1) $58,000 or 100% of the participant’s compensation” also applies. 适合50岁以上的人, an increased catch-up limit will go into effect as well, which will bring their total contribution limit to $64,500.
5. 忘记你的计划文件
One of the most important responsibilities you have as a plan sponsor –whether you are the plan’s only participant or one of the hundreds of participants – is to maintain your plan document, 哪些将帮助您确保持续的合规性. 如果你意识到你的计划文件有问题, 在国税局的审计中把你挑出来之前, 考虑主动改正你的错误. 有关此选项的更多信息，请访问 美国国税局的员工计划合规决议系统 网页.
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意图 & 联合公司管理着许多类型的退休计划, 包括单独支付年费的401(k)计划. This cost allows 意图’s retirement plan administration services team to ensure ongoing compliance. If you would like to learn more about Solo 401(k) plans and the projected influx of audits, 安全的赌博软件 今天.
By: 保罗·麦克尤恩，注册会计师，MTax, AIFA (新费城会计师事务所)
寻求更多的退休计划审计见解? 看看这些资源:
Prepare For The New Employee Benefit Plan 审计 Standard Now – Not Later