Cut TIN in the Deferred Compensation Plan effortlessly

Aug 6th, 2022
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How to Cut TIN in the Deferred Compensation Plan

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good morning everybody it is Jeanie Fisher a certified financial planner and senior foreign key adviser with our key and I talked a lot about qualified plans ERISA plans but today were going to talk about the non-qualified deferred compensation plan now this is not an ERISA plan and because of that it is not subject to ERISA standards and that really carries two primary benefits for the employer they are now allowed to actually discriminate on who they offer the plan to so they dont have to necessarily provide it to every employee on the employee side the IRC contribution limits are not there so you can actually defer a much larger portion of your income so lets walk through how this works for lets say an executive youre earning $300,000 a year you know you need to save money for retirement or long term goals you max out your 401k or your qualified plan but youve hit that limit pretty quickly right the 19,000 or the 25,000 if youre over the age 50 but in order for you to meet yo

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Tax Benefits While taxes need to be paid on the withdrawn funds, these plans give the benefit of tax deferral, meaning withdrawals are made during a period when participants are likely to be in a comparatively lower income tax bracket. Deferred compensation plans also reduce the current years tax burden on employees.
Generally speaking, the tax treatment of deferred compensation is simple: Employees pay taxes on the money when they receive it, not necessarily when they earn it.
For example, the Internal Revenue Code (IRC) allows for 401(k) withdrawals to begin penalty-free after age 59but the IRC also requires that you start taking distributions at age 73. By contrast, there are no IRC age restrictions on distributions from a deferred compensation plan.
Under Section 404(a)(5), an employer is allowed to deduct deferred compensation in the tax year that includes the year-end of the employee tax year in which the deferred compensation is includible in the employees gross income as compensation.
Is deferred compensation considered earned income? Deferred compensation is not considered earned, taxable income until you receive the deferred payment in a future tax year. For example, the use of Roth 401(k)s as deferred compensation is an exception, requiring you to pay taxes on income when it is earned.
Elective deferral limit The amount you can defer (including pre-tax and Roth contributions) to all your plans (not including 457(b) plans) is $22,500 in 2023 ($20,500 in 2022; $19,500 in 2020 and 2021; $19,000 in 2021).
Nonqualified Deferred Compensation Plan Taxation on the Employer and Employee. Employer Compensation is not deductible when deferred. FICA and Medicare taxes are payable when compensation is deferred or employer contributions vest. Benefits are deductible when paid.
An employers contributions to a nonqualified deferred compensation plan are deductible in the tax year in which an amount attributable to the contribution is includible in the gross income of the employees participating in the plan.
If your deferred compensation comes as a lump sum, one way to mitigate the tax impact is to bunch other tax deductions in the year you receive the money. Taxpayers often have some flexibility on when they can pay certain deductible expenses, such as charitable contributions or real estate taxes, Walters says.
Earnings accumulate on a tax-deferred basis, and distributions are tax-free if made five years after the initial contribution to the plan and the employee is over 59.

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