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Refunds to the Highly Compensated

June 7, 2022
Retirement Plan Consulting, Uncategorized

Refunds to the highly compensated employees (HCE) in a qualified retirement plan can be frustrating to the participants and a challenge to the plan administrator. Various options exist to improve this situation. These include:

More effectively manage the deferral and refund process
Eliminate the issue of refunds caused by testing
Allow the participant to continue to individual retirement accounts

This article will discuss these options.

More Effective Management

If a plan is using the “current year” testing method, consideration could be given to using “prior year” testing. Under the “current year” option, the data is not finalized until after the end of the year and the HCEs do not know the amount they can contribute until after the testing is completed.

Under the “prior year” option, the data from the previous year is used to provide the maximum deferral amount for each HCE. This should eliminate excess deferrals that require refunds.

Another option is to notify the HCE at the beginning of the year regarding the estimated maximum deferral. This is based on the prior year average deferral of the non-highly compensated employees (NHCE) and a review of the current deferrals of each of the HCE. Of course, this amount may change during the year due to changes in the deferrals of either group.

Consider a Safe Harbor Plan

A safe harbor plan allows the HCE to contribute the maximum allowable deferrals without regard to the average deferrals of the NHCE. There are various safe harbor options that a plan could consider. These include:

Basic Safe Harbor Match (equal to 100% of amount contributed up to 3% of pay, plus 50% of amount contributed, up to the next 2% of pay);
Enhanced Safe Harbor Match (must be at least as generous as the basic formula, normally equal to 100% of amount contributed up to 4% of pay);
3% Non-Elective Contribution (NEC); and
Qualified Automatic Contribution Arrangement (QACA):
- QACA Match (equal to 100% of amount contributed up to 1% of pay, plus 50% of amount contributed, up to the next 5% of pay) or
- QACA 3% NEC.

Options for the Participant

Each HCE has several options to contribute to retirement accounts outside of the qualified plan. These include:

IRA Deductible Contributions: In most cases, HCEs do not qualify to make deductible IRA contributions.
Non-Deductible IRA Contributions: Most HCEs qualify to make non-deductible IRA contributions. The maximum contributions to IRA accounts for 2022 is $6,000 plus $1,000 for employees 50 and older.
IRA to Roth IRA Conversions: Each HCE should carefully consider the strategy of making non-deductible IRA contributions followed by a Roth conversion. This works extremely well with participants who do not have an existing IRA account. The non-deductible contribution is made, and the account is immediately converted to a Roth IRA. The result of this process is that the money ends up in a Roth IRA growing income tax free just as it would have if the HCE elected to defer to the Roth 401(k) account inside the qualified plan. If the participant has existing IRA accounts with zero basis, this option does not work as well. In this case, the conversion would create additional taxable income. This may or may not be an issue based on the current tax bracket and the projected future tax brackets.

Some HCEs have outside businesses that generate taxable income. In some cases, the HCE has the option of opening a SEP plan and deferring money to the SEP account.
Annuity contracts often allow investors to contribute unlimited amounts. These contributions are after tax and form the basis in the annuity contract. All the accumulated growth and earnings in the contract grow tax deferred. Caution should be taken to avoid buying an annuity that has high internal fees and pays high commissions to the salesperson. Always inquire as to the commissions to be paid, total expenses of the plan, and withdrawal options and penalties.

Plan administrators should carefully consider the plan design to determine if changes could be made to manage this process more effectively. HCE should seek guidance from qualified advisors to examine the various options available to assist them in making the critical long-term decisions regarding their retirement planning.

by: Anthony McCallister, AIF®, J.D.

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To discuss this article further or to learn more about CapSouth Wealth Management, visit our website at www.capsouthwm.com or call 800.929.1001 to schedule an appointment to speak with an advisor.

Understanding IRAs

May 11, 2022
Investing, IRA

An individual retirement arrangement (IRA) is a personal savings plan that offers specific tax benefits. IRAs are one of the most powerful retirement savings tools available to you. Even if you’re contributing to a 401(k) or other plan at work, you might also consider investing in an IRA.

What types of IRAs are available?

The two major types of IRAs are traditional IRAs and Roth IRAs. Both allow you to contribute as much as $6,000 in 2022 (unchanged from 2021). You must have at least as much taxable compensation as the amount of your IRA contribution. But if you are married filing jointly, your spouse can also contribute to an IRA, even if he or she has little or no taxable compensation, as long as your combined compensation is at least equal to your total contributions. The law also allows taxpayers age 50 and older to make additional “catch-up” contributions. These folks can contribute up to $7,000 in 2022.

Both traditional and Roth IRAs feature tax-sheltered growth of earnings. And both give you a wide range of investment choices. However, there are important differences between these two types of IRAs. You must understand these differences before you can choose the type of IRA that’s best for you.

Note: Special rules apply to certain reservists and national guardsmen called to active duty after September 11, 2001.

Learn the rules for traditional IRAs

Practically anyone can open and contribute to a traditional IRA. You can contribute the maximum allowed each year as long as your taxable compensation for the year is at least that amount. If your taxable compensation for the year is below the maximum contribution allowed, you can contribute only up to the amount that you earned.

Your contributions to a traditional IRA may be tax deductible on your federal income tax return. This is important because tax-deductible (pre-tax) contributions lower your taxable income for the year, saving you money in taxes. If neither you nor your spouse is covered by a 401(k) or other employer-sponsored plan, you can generally deduct the full amount of your annual contribution. If one of you is covered by such a plan, your ability to deduct your contributions depends on your annual income (modified adjusted gross income, or MAGI) and your income tax filing status:

For 2022, if you are covered by a retirement plan at work, and:

Your filing status is single or head of household, and your MAGI is $68,000 or less, your traditional IRA contribution is fully deductible. Your deduction is reduced if your MAGI is more than $68,000 and less than $78,000, and you can’t deduct your contribution at all if your MAGI is $78,000 or more.
Your filing status is married filing jointly or qualifying widow(er), and your MAGI is $109,000 or less, your traditional IRA contribution is fully deductible. Your deduction is reduced if your MAGI is more than $109,000 and less than $129,000, and you can’t deduct your contribution at all if your MAGI is $129,000 or more.
Your filing status is married filing separately, your traditional IRA deduction is reduced if your MAGI is less than $10,000, and you can’t deduct your contribution at all if your MAGI is $10,000 or more.

For 2022, if you are not covered by a retirement plan at work, but your spouse is, and you file a joint tax return, your traditional IRA contribution is fully deductible if your MAGI is $204,000 or less. Your deduction is reduced if your MAGI is more than $204,000 and less than $214,000, and you can’t deduct your contribution at all if your MAGI is $214,000 or more.

What happens when you start taking money from your traditional IRA? Any portion of a distribution that represents deductible contributions is subject to income tax because those contributions were not taxed when you made them. Any portion that represents investment earnings is also subject to income tax because those earnings were not previously taxed either. Only the portion that represents nondeductible, after-tax contributions (if any) is not subject to income tax. In addition to income tax, you may have to pay a 10% early withdrawal penalty if you’re under age 59½, unless you meet one of the exceptions. You must aggregate all of your traditional IRAs — other than inherited IRAs — when calculating the tax consequences of a distribution.

If you wish to defer taxes, you can leave your funds in the traditional IRA, but only until April 1 of the year following the year you reach age 72. That’s when you have to take your first required minimum distribution (RMD) from the IRA.¹ After that, you must take an RMD by the end of every calendar year until you die or your funds are exhausted. The annual distribution amounts are based on a standard life expectancy table. You can always withdraw more than you’re required to in any year. However, if you withdraw less, you’ll be hit with a 50% penalty on the difference between the required minimum and the amount you actually withdraw.

Learn the rules for Roth IRAs

Not everyone can set up a Roth IRA. Even if you can, you may not qualify to take full advantage of it. The first requirement is that you must have taxable compensation. If your taxable compensation in 2022 is at least $6,000, you may be able to contribute the full amount. But it gets more complicated. Your ability to contribute to a Roth IRA in any year depends on your MAGI and your income tax filing status:

If your filing status is single or head of household, and your MAGI for 2022 is $129,000 or less, you can make a full contribution to your Roth IRA. Your Roth IRA contribution is reduced if your MAGI is more than $129,000 and less than $144,000, and you can’t contribute to a Roth IRA at all if your MAGI is $144,000 or more.
If your filing status is married filing jointly or qualifying widow(er), and your MAGI for 2022 is $204,000 or less, you can make a full contribution to your Roth IRA. Your Roth IRA contribution is reduced if your MAGI is more than $204,000 and less than $214,000, and you can’t contribute to a Roth IRA at all if your MAGI is $214,000 or more.
If your filing status is married filing separately, your Roth IRA contribution is reduced if your MAGI is less than $10,000, and you can’t contribute to a Roth IRA at all if your MAGI is $10,000 or more.

Your contributions to a Roth IRA are not tax deductible. You can invest only after-tax dollars in a Roth IRA. The good news is that if you meet certain conditions, your withdrawals from a Roth IRA will be completely income tax free, including both contributions and investment earnings. To be eligible for these qualifying distributions, you must meet a five-year holding period requirement. In addition, one of the following must apply:

You have reached age 59½ by the time of the withdrawal
The withdrawal is made because of disability
The withdrawal is made to pay first-time home-buyer expenses ($10,000 lifetime limit)
The withdrawal is made by your beneficiary or estate after your death

Qualified distributions will also avoid the 10% early withdrawal penalty. This ability to withdraw your funds with no taxes or penalties is a key strength of the Roth IRA. And remember, even nonqualified distributions will be taxed (and possibly penalized) only on the investment earnings portion of the distribution, and then only to the extent that your distribution exceeds the total amount of all contributions that you have made. You must aggregate all of your Roth IRAs — other than inherited Roth IRAs — when calculating the tax consequences of a distribution.

Another advantage of the Roth IRA is that there are no required distributions. You can put off taking distributions until you really need the income. Or, you can leave the entire balance to your beneficiary without ever taking a single distribution.

Choose the right IRA for you

Assuming you qualify to use both, which type of IRA is best for you? Sometimes the choice is easy. The Roth IRA will probably be a more effective tool if you don’t qualify for tax-deductible contributions to a traditional IRA. However, if you can deduct your traditional IRA contributions, the choice is more difficult. The Roth IRA may very well make more sense if you want to minimize taxes during retirement and preserve assets for your beneficiaries. But a traditional deductible IRA may be a better tool if you want to lower your yearly tax bill while you’re still working (and probably in a higher tax bracket than you’ll be in after you retire). A financial professional or tax advisor can help you pick the right type of IRA for you.

Note: You can have both a traditional IRA and a Roth IRA, but your total annual contribution to all of the IRAs that you own cannot be more than $6,000 for 2022 ($7,000 if you’re age 50 or older).

Know your options for transferring your funds

You can move funds from an IRA to the same type of IRA with a different institution (e.g., traditional to traditional, Roth to Roth). No taxes or penalty will be imposed if you arrange for the old IRA trustee to transfer your funds directly to the new IRA trustee. The other option is to have your funds distributed to you first and then roll them over to the new IRA trustee yourself. You’ll still avoid taxes and the penalty as long as you complete the rollover within 60 days from the date you receive the funds.

You may also be able to convert funds from a traditional IRA to a Roth IRA. This decision is complicated, however, so be sure to consult a tax advisor. He or she can help you weigh the benefits of shifting funds against the tax consequences and other drawbacks.

Note: The IRS has the authority to waive the 60-day rule for rollovers under certain limited circumstances, such as proven hardship.

¹If you reached age 72 before July 1, 2021, you will need to take an RMD by December 31, 2021.

To discuss this article further or to learn more about CapSouth Wealth Management, visit our website at www.capsouthwm.com or call 800.929.1001 to schedule an appointment to speak with an advisor.

Am I Going to be Okay?

May 10, 2022
Budgeting, Financial Planning, Wisdom

Worry is defined as a state of anxiety and uncertainty over actual or potential problems. That’s the noun form of the word. I’d like to focus on the verb form, if I might, which is defined: to give way to anxiety or unease, to allow one’s mind to dwell on difficulty or troubles. Anybody resemble that remark, as they say? [Billy raises his hand]. This may or may not come as a surprise, but my worry typically has little to do with the stock market.

I worry more about things I’m less familiar with. How, for example, can I ensure my family remains safe through a global pandemic? Not only for their physical well-being, but from the effects of isolation from friends and teammates to media-driven fear and hyperbole. Wading through the psychological make up of teenagers can be challenging enough let alone during the last two years! Well, I’m still not sure how to address all of that, but my belief is that my family and my children are here, in this community, in the midst of all that’s going on, at the precise time they were appointed to be. And sometimes, when you don’t have all the answers, you seek wise counsel in conversation with a friend or mentor, or maybe in the pages of a book. (Or in my case, you do both…and often.)

And then you keep moving.

How are you faring through all of this? A recent study* by the American Psychiatric Association suggests that 40% of Americans were anxious about becoming seriously ill or dying from coronavirus and 62% were worried about the same for their loved ones. Bad thing about worrying is that it’s a slippery slope – things you may not otherwise worry about now have you on edge. Ordinary and routine events may now become sources for worry. And left unchecked, worry can – for some – manifest physically and affect the way you feel even to the point where you live in a constant state of fear and dread. All of this leaving us wrestling with this question:

Am I going to be okay?

As many of you can attest, numbers aren’t the only things CapSouth pays attention to. And quite frankly, they’re not even the most important. Sure, there are certain numbers that are likely to be part of the conversation. Returns, Probability of Success, for some, 33-18, for others. But out of context, they’re only numbers. What gives meaning to those numbers is the life you want to live and how you’re planning to get there. Or as you’ve heard us say, living your one best financial life. A lot of what’s going on in the world today I don’t even have a name for. At least not one suitable for this article. Quite a bit of what we see, read, and hear these days is certainly good for news stories. (Not that I always believe it’s newsworthy. That’s a topic for another day.) They do, however, generate viewership, readership and advertising. And so, the machine churns. And in the process, the narrative causes uncertainty, concern, and for some, full-fledged worry. And so that machine churns, also.

As it relates to your financial plan, to your one best financial life, allow us to join the conversation if you feel yourself slipping toward worry. Is it okay to be concerned? Of course, and it’s prudent. Your retirement assets may likely be the single largest asset you’ll ever have. Is it okay to be uncertain? Of course, and it’s unavoidable at times. The news cycles have and will forever generate short-term market movement. We see this play out daily. The market’s going to go up, sideways, or down. Whether you watch it on TV or on your phone, or maybe choose to go for a walk with a loved one instead – it’s going to happen. All of which, quite likely, in the same day. That said, please allow us to help you filter through the noise and help keep it in context. Not all of it matters, and you don’t have to go through it alone.

There are some pretty sharp individuals you have working on your behalf here at CapSouth. I’ve spent ten years of my life working with them. People I trust and depend on greatly. Not just because of how smart they may be or how hard they work for the benefit our clients, but because of the type of individuals they are. I may be preaching to the choir as some of you have been around CapSouth longer than I have. One of our values is to treat others the way we want to be treated. Maybe it’s a clarification of a news event? Maybe it’s a recap of your estate plan? Or maybe it’s just having someone who’ll listen.

We’re here. How can we help? Click here to Connect With Us

To discuss this article further or to learn more about CapSouth Wealth Management, visit our website at www.capsouthwm.com or call 800.929.1001 to schedule an appointment to speak with an advisor.

By: Billy McCarthy, Wealth Manager

*New Poll: COVID-19 Impacting Mental Well-Being: Americans Feeling Anxious, Especially for Loved Ones; Older Adults are Less Anxious

American Psychiatric Association, May 25, 2020

https://www.psychiatry.org/newsroom/news-releases/new-poll-covid-19-impacting-mental-well-being-americans-feeling-anxious-especially-for-loved-ones-older-adults-are-less-anxious.

Investment advisory services are offered through CapSouth Partners, Inc, dba CapSouth Wealth Management, an independent registered Investment Advisory firm. Information provided by sources deemed to be reliable. CapSouth does not guarantee the accuracy or completeness of the information. CapSouth does not offer tax, accounting, or legal advice. Consult your tax or legal advisors for all issues that may have tax or legal consequences. This information has been prepared solely for informational purposes, is general in nature and is not intended as specific advice. This article contains external links to third party content (content hosted on sites unaffiliated with CapSouth Partners). CapSouth makes no representations whatsoever regarding any third party content/sites. Linking to these third party sites in no way implies an endorsement or affiliation of any kind between CapSouth and any third party, including legal authorization to use any trademark, trade name, logo, or copyrighted materials belonging to either entity.

Refunds to the Highly Compensated

Understanding IRAs

What types of IRAs are available?

Learn the rules for traditional IRAs

Learn the rules for Roth IRAs

Choose the right IRA for you

Know your options for transferring your funds

Am I Going to be Okay?

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