Pension plans are set up and maintained through your
job. The company sets up a plan based on strict IRS guidelines and
offers the plan
to each of its employees.
There are many types of plans available. The most commonly used plans are as
follows:
A deferred compensation plan is a pension that allows employees to
voluntarily contribute an amount (usually up to 15%) of their income
per payday to a retirement plan. The contribution is not subject to
federal income taxes until the taxpayer withdraws the funds from the
plan. All of the distributions from this type of retirement plan are
taxable when received. A 401(k) plan is one of the most common types
of deferred compensation plans.
Non-contributory plans do not allow any contributions by the employee. An example
is the Military Retirement Plan. The employer and employee enter into a contract
requiring a specified number of years of employment in exchange for a specific
amount of monthly retirement once the employee fulfills their obligation. All
of the distributions from this type of retirement plan are taxable when received.
An annuity is a pension plan that requires employees to pay for a future retirement
benefit. An example of this type of plan is a Civil Service pension. The payment
is deducted from an employee's paycheck every payday after taxes are deducted.
A portion of each distribution is not taxed.
Credit for Contributions to Employer Plan or IRAs
The Retirement Savings Contributions Credit is a percentage (50%, 20%, or 10%)
of up to $2,000 of contributions to an employer elective deferral plan or IRA.
No credit is allowed on: Married Filing Jointly returns with a modified adjusted
gross income over $50,000, Head of Household returns over $37,500, and Single,
Qualifying Widow(er) or Married Filing Separately returns over $25,000. You
must be age 18 or older to claim the credit. In addition, you cannot be a student
as defined in the dependency tests or claimed as a dependent on another's return.
A distribution from a retirement plan any time in the preceding two tax years
or the current tax year reduces the amount available for the credit. This credit
is in addition to any deduction or exclusion for the contribution.
Distributions from Retirement Plans
You can transfer funds from your qualified retirement plan to an IRA or other
qualified plan within 60 days without paying any income tax. The opportunity
to roll over pension plan funds into alternate plans or an IRA is an ideal
way for an employee who leaves their job to avoid the tax liability assessed
when the plan is terminated and a check is issued. The rollover is a tax
benefit that eliminates the payment of taxes on a distribution made for any
reason other than a regular retirement distribution. Retirement plan administrators/trustees
are required by law to permit a transfer of funds from their retirement plan
directly to another qualified plan. This is known as a "trustee-to-trustee" transfer.
The law prefers the "trustee-to-trustee" transfer and discourages "hand
check" distributions by requiring plans to withhold 20% of the distribution
before a check is issued. Therefore, you will receive a check for only 80%
of the transfer amount. This can be a "tax trap" for a taxpayer
that does not have the funds available equal to the amount withheld. The
taxpayer needs to replace the 20% from other sources as part of the rollover
within the 60-day period or the 20% will be considered to have been distributed
and subject to taxes.
The IRS may waive the 60-day requirement for rollovers from pensions
if you have suffered from a casualty, disaster, or other event beyond
your reasonable control that prevents you from meeting the 60-day
rule.
If you receive money from the plan before reaching
age 59½,
you will be subject to a 10% additional tax unless you meet one of
the exceptions. Some exceptions to the additional tax are:
Distributions made to a taxpayer as a part of a series of substantially
equal periodic payments for life beginning after separation from service
Distributions made because the taxpayer is permanently and totally disabled.
Distributions to a beneficiary of a deceased taxpayer.
Distributions because a taxpayer is 55 or older and retired or separated from
service.
Distributions required by the courts in a divorce settlement.
Distributions used to pay deductible medical expenses (expenses greater than
7.5% of AGI) whether or not the taxpayer itemizes.
Distributions from an ESOP for dividends on employer securities held by the
plan.
Distributions due to an IRS levy of the plan.
Tax laws can be confusing, or just overwhelming. Let the tax professionals
at Emerald Tax Service help you get every dollar you deserve.
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