Publication 560, Retirement Plans for Small Business
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Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/P560/2020/A/XML/Cycle07/source (Init. & Date) _______ Page 1 of 31 16:18 - 1-Mar-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 560 Cat. No. 46574N Contents What's New .................. 1 Department of the Retirement Reminders ................... 2 Treasury Internal Introduction .................. 2 Revenue Plans Service Chapter 1. Definitions You Need for Small To Know ................. 4 Chapter 2. Simplified Employee Pensions (SEPs) ............ 5 Business Setting Up a SEP ............. 6 How Much Can I Contribute? ...... 6 Deducting Contributions ......... 7 (SEP, SIMPLE, and Salary Reduction Simplified Employee Pensions Qualified Plans) (SARSEPs) .............. 7 Distributions (Withdrawals) ....... 8 Additional Taxes ............. 8 Reporting and Disclosure For use in preparing Requirements ............. 8 Chapter 3. SIMPLE Plans ......... 8 2020 Returns SIMPLE IRA Plan ............. 9 SIMPLE 401(k) Plan .......... 11 Chapter 4. Qualified Plans ........ 11 Kinds of Plans ............. 12 Qualification Rules ........... 12 Setting Up a Qualified Plan ...... 14 Minimum Funding Requirement ... 14 Contributions .............. 14 Employer Deduction .......... 15 Elective Deferrals (401(k) Plans) ... 16 Qualified Roth Contribution Program ............... 18 Distributions ............... 18 Prohibited Transactions ........ 20 Reporting Requirements ....... 21 Chapter 5. Coronavirus - Related Distributions .............. 22 Qualified Individual ........... 22 Special Tax Treatment ......... 22 Repayment of Distributions and Tax Reporting Requirements ... 22 Chapter 6. Table and Worksheets for the Self-Employed ........ 24 Chapter 7. How To Get Tax Help .... 27 Index ..................... 30 Future Developments For the latest information about developments related to Pub. 560, such as legislation enacted after it was published, go to IRS.gov/Pub560. What's New Get forms and other information faster and easier at: Coronavirus-related distributions. Section • IRS.gov (English) • IRS.gov/Korean (한국어) 2202(a)(4)(A) of the CARES Act defines a coro- • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) navirus-related distribution as any distribution • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) from an eligible retirement plan made on or after January 1, 2020, and before December 31, Mar 01, 2021 Page 2 of 31 Fileid: … tions/P560/2020/A/XML/Cycle07/source 16:18 - 1-Mar-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2020, to a Qualified Individual (defined later). Small employer automatic enrollment The amount of aggregate distributions from all credit. The Further Consolidated Appropria- Introduction eligible retirement plans that can be treated as tions Act, 2020, P.L. 116-94, added section a coronavirus-related distribution is limited to no 45T. An eligible employer may claim a tax credit Section references are to the Internal Revenue more than $100,000. See Coronavirus-Related when it sponsors a qualified employer plan in- Code unless otherwise noted. Distributions, later. cluding an eligible automatic contribution ar- This publication discusses retirement plans rangement. The credit equals $500 per year you can set up and maintain for yourself and Qualified birth or adoption distribution. Be- your employees. In this publication, “you” refers ginning in tax years after December 31, 2019, over a 3-year period beginning with the first tax year beginning after December 31, 2019, and to the employer. See chapter 1 for the definition you can take a distribution from your IRA with- of the term “employer” and the definitions of out it being subject to the 10% additional tax for could first be claimed on the employer’s return for the year 2020. other terms used in this publication. This publi- early distributions if that distribution is for a cation covers the following types of retirement qualified birth or adoption. For more informa- Increase in credit limitation for small em- plans. tion, see Qualified birth or adoption distribution. ployer plan startup costs. The Further Con- • SEP (simplified employee pension) plans. under Introduction, later. solidated Appropriations Act, 2020, P.L. • SIMPLE (savings incentive match plan for Compensation limits for 2020 and 2021. For 116-94, also amended section 45E. For tax employees) plans. 2020, the maximum compensation used for fig- years beginning after December 31, 2019, eligi- • Qualified plans (also called H.R. 10 plans uring contributions and benefits is $285,000. ble employers can claim a tax credit for the first or Keogh plans when covering self-em- This limit increases to $290,000 for 2021. credit year and each of the 2 tax years immedi- ployed individuals), including 401(k) plans. ately following. The credit equals 50% of quali- SEP, SIMPLE, and qualified plans offer you Elective deferral limits for 2020 and 2021. fied startup costs, up to the greater of (a) $500; and your employees a tax-favored way to save The limit on elective deferrals, other than or (b) the lesser of (i) $250 for each employee for retirement. You can deduct contributions catch-up contributions, is $19,500 for 2020 and who is not a “highly compensated employee” el- you make to the plan for your employees. If you 2021. These limits apply for participants in igible to participate in the employer plan, or (ii) are a sole proprietor, you can deduct contribu- SARSEPs, 401(k) plans (excluding SIMPLE $5,000. See the instructions for Form 3800 and tions you make to the plan for yourself. You can plans), section 403(b) plans, and section 457(b) Form 8881 for more information on the startup also deduct trustees' fees if contributions to the plans. cost credit. plan don't cover them. Earnings on the contribu- Defined contribution limits for 2020 and Qualified automatic contribution arrange- tions are generally tax free until you or your em- 2021. The limit on contributions, other than ment (QACA) safe harbor plans. Effective ployees receive distributions from the plan. catch-up contributions, for a participant in a de- for plan years beginning after December 31, Under a 401(k) plan, employees can have fined contribution plan is $57,000 for 2020 and 2019, when an employee doesn’t make an affir- you contribute limited amounts of their be- increases to $58,000 for 2021. mative election specifying a deferral percent- fore-tax (after-tax, in the case of a qualified Defined benefit limits for 2020 and 2021. age, the maximum default deferral percentage Roth contribution program) pay to the plan. The limit on annual benefits for a participant in a increases from 10% to 15%. These amounts (and the earnings on them) are defined benefit plan is $230,000 for 2020 and generally tax free until your employees receive 2021. distributions from the plan or, in the case of a qualified distribution from a designated Roth ac- SIMPLE plan salary reduction contribution Reminders count, completely tax free. limit for 2020 and 2021. The limit on salary reduction contributions, other than catch-up Changes to the hardship distribution rules What this publication covers. This publica- contributions, is $13,500 for 2020 and 2021. for section 401(k) plans. The Bipartisan tion contains the information you need to under- Catch-up contribution limits for 2020 and Budget Act of 2018, P.L. 115-123, made stand the following topics. 2021. A plan can permit participants who are changes to the hardship distribution rules for • What type of plan to set up. plan years beginning after December 31, 2018. age 50 or over at the end of the calendar year to • How to set up a plan. Removes the 6-month prohibition on con- make catch-up contributions in addition to elec- • • How much you can contribute to a plan. tributions following a hardship distribution. tive deferrals and SIMPLE plan salary reduction • How much of your contribution is deducti- Permits hardship distributions to be made contributions. The catch-up contribution limita- • ble. from contributions, earnings on contribu- tion for defined contribution plans other than • How to treat certain distributions. tions, and employer contributions. SIMPLE plans is $6,500 for 2020 and 2021. • How to report information about the plan to Eliminates any requirement to take plan The catch-up contribution limitation for SIMPLE • the IRS and your employees. loans prior to taking a hardship distribution. plans is $3,000 for 2020 and 2021. • Basic features of SEP, SIMPLE, and quali- A participant's catch-up contributions for a Retirement savings contributions credit. fied plans. The key rules for SEP, SIMPLE, year can't exceed the lesser of the following Retirement plan participants (including self-em- and qualified plans are outlined in Table 1. amounts. ployed individuals) who make contributions to SEP plans. SEP plans provide a simplified The catch-up contribution limit. their plan may qualify for the retirement savings • method for you to make contributions to a retire- The excess of the participant's compensa- contribution credit. The maximum contribution • ment plan for yourself and your employees. In- tion over the elective deferrals that aren’t eligible for the credit is $2,000. To take the stead of setting up a profit-sharing or money catch-up contributions. credit, use Form 8880, Credit for Qualified Re- tirement Savings Contributions. For more infor- purchase plan with a trust, you can adopt a SEP See Catch-up contributions under Contribution mation on who is eligible for the credit, retire- agreement and make contributions directly to a Limits and Limit on Elective Deferrals in chap- ment plan contributions eligible for the credit, traditional individual retirement account or a tra- ters 3 and 4, respectively, for more information. and how to figure the credit, see Form 8880 and ditional individual retirement annuity (SEP-IRA) Repeal of maximum age for traditional IRA its instructions or go to IRS.gov/Retirement- set up for yourself and each eligible employee.