Small Business Resource Guide 2001
I. Pre Start-up/Assessing Your Business IdeaII. Starting Your Business/Keeping RecordsIII. Guidance for Special Types of BusinessesIV. Hiring EmployeesV. Preparing Your Tax Return(s) and Information ReturnsVI.  Filing Your Returns and Paying Taxes - Including Electronic OptionsVII.  Post-Filing IssuesVIII. Other Tax Issues of InterestIX. Index of Business Forms and Publications Including: Highlights of the New Tax Law ChangesX.  Changing Your Business or Getting Out of BusinessXI. Alerts and TutorialsXII. Directory of Internet and Other Resources
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Hiring Employees
Employee Pension/Retirement Plans

Retirement plans are savings plans that offer you taxadvantages to set aside money for your and your employees' retirement.

SEP, SIMPLE and qualified plans offer you and youremployees a tax favored way to save for retirement. You can deduct contributionsyou make to the plan for you and your employees. The contributions and earningsare generally tax free until you or your employees receive distributions fromthe plan in later years.

In general, individuals who are employed can also set upand contribute to individual retirement arrangements (IRAs).

All retirement plans have important tax, business andother implications for employers and employees. Therefore, you may want todiscuss any retirement savings plan with a tax or financial advisor.

See the IRS website at http://www.irs.gov/bus_info/ep/index.html.

SimplifiedEmployee Pension (SEP)

A Simplified Employee Pension (SEP) is a written plan thatallows you to make contributions toward your own and your employees' retirementwithout getting involved in a more complex qualified plan. Under a SEP, you makethe contributions to an individual retirement arrangement (called a SEP-IRA) setup for each eligible employee. SEP-IRAs are owned and controlled by theemployee, and you make contributions to the financial institution where theSEP-IRA is maintained. You generally do not have to file annual retirement planinformation reports with the government.

Under a SEP, you must contribute a uniform percentage ofpay to each eligible employee's SEP-IRA. You are not locked into makingcontributions every year. You can decide how much to put into a SEP each year -offering you some flexibility when business conditions vary. Employercontributions are limited to the lesser of 15 percent of an employee's annualsalary or $25,500. (Note: this amount is indexed for inflation and will vary).

You can set up a SEP by completing an IRS model SEP using Form5305-SEP. See the instructions to the form for exceptions. No IRS approvalis required. Keep the original form. Follow its terms and instructions. Do notfile it with the IRS. You must also set up a SEP-IRA for each eligible employee.SEP-IRAs can be set up with banks, insurance companies, or other qualifiedfinancial institutions. You send SEP contributions to the financial institutionwhere the SEP-IRA is maintained.

You can set up a SEP for a year as late as the due date(including extensions of your income tax return for that year.

 

Contributionlimits.
Deductionlimits.
Reporting SEPContributions of Form W-2.

Form5305-SEP

SIMPLEPlan

A Savings Incentive Match Plan for Employees (SIMPLE)allows employees to contribute a percentage of their salary each pay check.Under a SIMPLE, employees can set aside up to $6,000 each year by payrolldeduction. Employers can either match employee contributions dollar for dollar -up to 3 percent of an employee's wage - or make a fixed contribution of 2percent of pay for all eligible employees instead of a matching contribution.

You can set up a SIMPLE only if you had 100 or feweremployees who earned $5,000 or more in compensation during the preceding year.You cannot sponsor a SIMPLE if you currently sponsor another plan.

You can use 5304-SIMPLEor Form 5305-SIMPLEto set up a SIMPLE. Each form is a model SIMPLE document. Which form you usedepends on whether you select the financial institution or your employees selectthe financial institution that will receive the contributions. Use Form5304-SIMPLE if you allow each plan participant to select the financialinstitution for receiving his or her SIMPLE contributions. Use Form 5305-SIMPLEif you require that all contributions under the SIMPLE be deposited initially ata designated financial institution.

A SIMPLE is adopted when you have completed allappropriate boxes and blanks on the form and you have signed it. No IRS approvalis required. Keep the original form. Follow its terms and instructions. Do notfile it with the IRS. You generally do not have to file annual retirement planinformation reports with the government.

A SIMPLE IRA must be set up for each eligible employee. ASIMPLE IRA is the individual retirement account or annuity into which the SIMPLEcontributions are deposited. Form 5305-S and Form 5305-SA are model trust andcustodial account documents that the participant and the trustee (or custodian)can use to set up a SIMPLE IRA.

Definitions
ContributionLimits

Qualified Plans(Keogh Plans)
Qualified plans offer higher contribution limits andgreater flexibility than SEPs and SIMPLEs. However, they are also more complexand difficult to operate. They generally involve an annual information reportingrequirement. See Form 5500 and Form 5500-EZ. Although advance IRS approval isnot required, you can apply for approval by paying a fee and requesting adetermination letter. See Revenue Procedure 2001-6 and Form 5300 or Form 5307.

There are two basic kinds of qualified plans -- definedcontribution plans and defined benefit plans -- and different rules apply toeach. A defined contribution plan provides an individual account for eachparticipant in the plan. It provides benefits to a participant largely based onthe amount contributed to that participant's account. Benefits are also affectedby any income, expenses, gains, losses, and forfeitures of other accounts thatmay be allocated to an account.

Profit-sharing plans and money purchase pension plans are types of definedcontribution plans. A profit-sharing plan is a plan for sharing your businessprofits with your employees. Contributions to a money purchase pension plan arefixed and not based upon your business profits.

In a profit-sharing plan, the contribution formula can beflexible and you do not have to make contributions out of net profits to have aprofit-sharing plan. A profit-sharing plan can also contain a cash or deferredarrangement - also known as a 401(k) plan - a plan that allows employees tocontribute a percentage of their salary each pay check. You can contribute toyour employee's 401(k) account by matching the amount of pay that your employeeshave deferred into the 401(k) plan, usually up to a percentage of the employee'spay.

Defined benefit plans promise a specified benefit atretirement, for example, $100 a month at retirement. The amount of the benefitis often based on a set percentage of pay multiplied by the number of years theemployee worked for the employer offering the plan. Employer contributions mustbe sufficient to fund the promised benefit. Actuarial assumptions andcomputations are required to figure these contributions. Generally, you willneed continuing professional help to have a defined benefit plan.

Most qualified plans follow a standard form of plan (amaster or prototype plan) approved by the IRS. Master or prototype plans aremade available by plan providers for adoption by employers (includingself-employed individuals). Under a master plan, a single trust or custodialaccount is established, as part of the plan, for the joint use of all adoptingemployers. Under a prototype plan, a separate trust or custodial account isestablished for each employer. A master or prototype plan can generally beobtained from one of the following organizations: banks (including some savingsand loan associations and federally insured credit unions), trade orprofessional organizations, insurance companies and mutual funds.

Kinds ofQualified Plans
PlanApproval
Deduction Limits

IndividualRetirement Arrangements
An individual retirement account (IRA) is a personalsavings plan that allows you set aside money for your retirement. Even if you donot want to adopt a retirement plan, you can allow your employees to save forretirement through payroll deduction, providing a simple and direct way foremployees to contribute to an IRA. You do not have to set up IRAs for youremployees or make contributions for them. There are various tax advantages toIRAs depending on the type of IRA and the circumstances. For more information onIRAs, see Publication 590.

Which Plan is Right for Your Business?

There are many factors to consider when deciding whichplan best fits your business. When determining which plan is right for you,consult a financial advisor. Also, see Selecta Retirement Plan web site for additional information.

Important References 

Publication 535                  Business Expenses
Form 5300
Form 5307
Form 5305-S
Form 5305-SA
Form 5304-SIMPLE
Form 5305-SIMPLE
Form 5500
Form 5500-EZ
Form 5305-SEP                 Simplified Employee Pension-Individual Retirement Accounts Contribution Agreement
Form 1040 Schedule C      Profit or Loss From Business
Form 1040 Schedule FBrussels hotel rooms      Profit or Loss From Farming
Form 1065                          U.S. Partnership Tax Return
Publication 560                  Retirement Plans for the Self-Employed
Publication 590                   IndividualRetirement Arrangements



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