SEP IRA Strategies for Small Business Owners

BY: Mahendra S. Rathore. MBA BA(Hons) CFP® ChFC® CRPC® PMP® CTC® CLU®

There are 28.8 million small businesses in the United States, according to the U.S. Small Business Administration, which employ 56.8 million workers. Small businesses (defined as businesses with fewer than 500 employees) account for 99.7% of all business in the US. Today more than 15% of workforce is comprised of free lancers and temporary workers. And thanks to improved technology that makes it easier for us to work remotely, that number is expected to surge up to 20% by 2020. Imbedded in these figures is the fact that more and more workers are “Self-employed”, and responsible for their own retirement savings.

According to a recent survey by Manta, 34 percent of entrepreneurs polled said they did not have a retirement savings plan. So how do we help them with their retirement goals?  Gallup polls suggests that the majority of small business owners will delay retirement but will still need to retire eventually.  Of those, only 21% tapped into retirement funds to help their businesses. So, what is the best way for free lancers, small business owners, consultants, and other self-employed people to manage their retirement savings.? A SEP IRA maybe the best option for business owners who want to save for retirement in a tax-advantaged way without the stress of complicated plan administration.

WHAT IS SEP IRA?

The Simplified Employee Pension (SEP) IRA is a tax- advantaged retirement plan for small business owners with or without employees.

What type of business is eligible to establish a SEP IRA?

Free lancers, Independent contractors, Business Owners, Self-employed individuals, with no current business retirement plan and Individuals earning self-employment income from side jobs outside of their full-time jobs are eligible. SEP IRA Plans are available to Sole Proprietors, partnerships, C Corporation, and S Corporations.

Contribution Limits for SEP IRA:

The contributions made to an employee's SEP-IRA each year cannot exceed the lesser of 25% of compensation, or $56,000 for 2019 or 25 percent of an employee's compensation up to $280,000 in 2019. In the case of self-employed individuals, the 25 percent limit converts to 20 percent of net self-employment income. Contributions must be made in cash; you cannot contribute property. A regular IRA allows you to put away $6,000 in 2019 ($7,000 if you are above age 50 or older).

Important Aspects of SEPs:

·         Offers tax-deductible contributions for your business (or for sole proprietor) and tax-deferred growth potential on the vested plan assets.

·         Discretionary privilege eliminates the need to make contributions every year, and the amount contributed can change year to year. This makes it a smart option to consider for businesses with varying profits.

·         SEP IRAs are easy to set up and easy to maintain. You don’t need to file the plan or additional paperwork with the IRS.

·         Employers can change contributions percentages on year to year basis.

·         You can still contribute to a traditional or Roth IRA

·         All contributions that are made by the employer on their employee’s behalf are 100% vested from the moment the money is placed in the account. The employer and employee can withdraw the funds at any time.

Can an Employee contribute to both a SEP IRA and traditional IRA?

Yes, one can contribute to both. A traditional IRA contribution is in addition to any contribution an employer makes to a SEP IRA. In 2019, the traditional IRA limit is $6,000 and $7,000 for those investors age 50 and over. The same rules and contribution limits apply if you qualify to fund a Roth IRA.

Can funds be withdrawn from a SEP IRA before age 59½?

If the original contribution or earnings are withdrawn before reaching age 59½, there may be an additional 10% early withdrawal penalty. Loans cannot be made against SEP-IRA’s. Like traditional IRAs and 401(k)s, SEP IRAs require minimum distributions beginning at age 70½.

Required Minimum Distributions and SEP IRA Contributions:

SEP IRA contributions are also permitted after the client reaches age 70 ½. These contributions are limited to 25% of the client's compensation, or $56,000 (in 2019), whichever is less. RMD rules do apply once the taxpayer reaches 70 ½ so that the client may be both making contributions and taking RMDs allowing clients to continue to work after age 70 ½ (they will have to take taxable withdrawals in the same year you make deductible contributions).

Consolidation & Rollover of  Retirement Plans into SEP IRA:

·         You can consolidate your retirement assets by rolling over 401(k), 403(b) and 457 accounts into a SEP IRA. You can also roll-over a SIMPLE IRA after you have participated in the account for two years.

·         Interest, dividends, employer contributions, and other investment earnings have the potential to grow tax-deferred until they are withdrawn at retirement. Plus, SEP IRA balances can count toward the account holder's Preferred Rewards status.

·         Contribution limits can be higher than annual maximum contribution limit.

Unique Benefits to Retired Business Owners.

Former business owners can stay involved and earn income by serving on the board director or consulting. Even after receiving a lump sum from a sale, many previous business owners can remain engaged and earn income by serving on the board of directors or consulting. They may continue helping in day-to-day operations in a reduced but vital role such as serving clients who've been with the company for years.

If your clients/customers own an office building or other physical assets, another option for generating retirement income is to retain those assets and lease or rent them back to the business. Generally, it is recommended that such arrangements be agreed upon beforehand and spelled out clearly in the formal transfer or sale agreement with the new majority owners. That should also be the case if you're turning the business over or selling it to other family members.

If your client considers transferring the business as a gift and drawing an income from the new owners., congress increased the lifetime gift exemption for married couples—and set it to adjust annually for inflation. The exception is now worth $11.40 million for individuals and $22.80 million for married couples in 2019.  The strategy gives business owners considerable latitude to transfer a part or all the company as a gift. Your client might owe taxes on amounts exceeding the exemption, but once the business is out of your hands, it's no longer parts of your estate, and future growth of the company won't subject his/her estate to additional taxes.

EASY IRS FILING REQUIREMENTS:

The IRS outline three steps for setting up SEP- IRAs: 1. Create formal written agreement. 2. Give eligible EEs information about SEP-IRA. And 3. Give them a copy of IRS Form 5305-SEP through your account provider. The Plan setup deadlines are established by ER tax filing deadlines, plus the extensions, usually April 15. If a small business owner filed an IRS extension for the 2019 tax year, they could wait until six months after the filing deadline to open a SEP IRA or contribute.

In Closing-

Reach out to your clients and customers for mid-year review of their Business SEP retirement plans to ensure these are delivering on what was promised.  Advise your client to periodically review their retirement plans for law changes and do “when” and “what” to changes in their plans. Sometimes, changes in their business may produce unexpected changes in their plan operations. This is a great opportunity to offer free independent review to check client’s plans were in good shape and if anything overlooked previously would offer us prospects of saving the employees money and improving plan benefits. If you do not use Form 5305-SEP to implement your plan you should seek professional advice from a qualified tax accountant or attorney in adopting a SEP.  

CRITERIA’S

SEP IRA

TRADITIONAL IRA

ROTH IRA

Annual Contribution Limits

For your Employees:

25% of EEs Compensation or$56000, Whichever is lesser.

For Self-employed Workers:

20% of Net Adjusted Self-Employment Income

 

$6000

 ($7,000 over age 50 Years)

$6,000

 

($7,000 over age 50 years)

Income Limits

None

None

Single or HOH MAGI >= $137,000

Married Filing Jointly (MFJ)

>= $203,000

 

Tax-Deductible Contributions

Yes, Up to contribution limit

Yes, But Income limit apply if your ER (or Your Spouse’s) offers a 401 (k)

NO

Tax-Deferred Growth

Yes

Yes

Yes

Tax-Free Withdrawals in Retirement

No

No

Yes

Withdraw Contributions at any time without Penalty

No

No

Yes

Penalty-Free Withdrawals to pay for first Home or Mortgage

No

Yes- Up to $10,000

 Yes

 

Additional Resources and Information:

             References: www.irs.gov/ep

             https://www.fundera.com/blog/small-business-statistics

             SEP Plan FAQ’s- Establishing a SEP

             Small Business and Self -Employed Tax Center

             https://www.irs.gov/retirement-plans/retirement-plans-faqs-regarding-seps-contributions

             https://www.irs.gov/retirement-plans/traditional-and-roth-iras

             IRS Publication 560 -(Pages 22-24) for deductions worksheet and calculations.

             Order a Free Business Owners Checklist through IRS at 800-829-3676

             Refer to IRS Publication 4285 & 4288 SEP and SARSEP Checklists

             IRS Publication 560- Retirement plans for Small Business (SEP, SIMPLE and Qualified plans)

             IRS Form 5305-SEP: Simplified Employee Pension- Individual Retirement Accounts Contribution

 

 

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