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Aug 6th, 2022
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Hi, this is Greg Maxwell with Amicus Settlement Planners. Today, I want to talk a little bit about the differences between a 401(k) plan, for example, and a deferred compensation plan for contingency fee attorneys. A lot of times, attorneys will call us and say, Why dont I just max out my 401(k) plan? Why would I want to set up a deferred compensation plan instead of using a 401(k) plan? First of all, I think its probably smart to have both. Theres no reason why you cant max out your 401(k) plan and also contribute to a deferred compensation plan. Some of the differences: a 401(k) plan, as you know, has certain limitations on the amount that you can contribute each year, and theyre fairly low. If youre looking to defer more than the 401(k) plans allow, then thats a good reason to also contribute to a deferred compensation plan. The other thing with 401(k) plans or any qualified plan is that they have certain limitations on when you can start receiving payments. You cant star

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To set up a NQDC plan, youll have to: Put the plan in writing: Think of it as a contract with your employee. Be sure to include the deferred amount and when your business will pay it. Decide on the timing: Youll need to choose the events that trigger when your business will pay an employees deferred income.
There are two types of deferred compensation plans: non-qualified and qualified. Non-qualified deferred compensation plans are also referred to as Section 409A or NQDC plans. Deferred compensation plans are not required for all employees.
You can take the distribution in a lump sum or regular installments, paying tax when you receive the income. You can also arrange to withdraw some of it when you anticipate a need, such as paying for your kids college tuition. While the IRS has few restrictions, your employer will probably have their own rules.
The dollar limit can consist of all before-tax, all Roth (after-tax) or a combination of the two. If a participant is contributing to another 401(k) or a 403(b) plan, the total annual contribution to all plans must be combined and cannot exceed $22,500 in calendar year 2023 ($20,500 in calendar year 2022).
Wherever life takes you, take the NYC DCP mobile app with you so you can retire well with confidence.
You may take up to 12 partial withdrawals annually. Each withdrawal must be at least $100. You may postpone payment of the remainder of your Plan account balance until age 72, request additional partial withdrawals as needed or establish periodic payments.
Deferred compensation accounting When an employee defers a portion of their compensation to a nonqualified plan, you owe them in the future. In accounting, the amount you owe them but have not paid them is known as accounts payable. Accounts payable represent a liability, or an amount you owe.
Unlike a 401(k) plan, which is completely independent of the sponsoring employer (unless your 401(k) is invested in company stock), contributions to a deferred compensation plan are unsecured loans to your employer that they promise to pay you. The risk is greatest when the plan is unfunded.

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