What You Need to Know About: The SECURE Act
In December of 2019, President Donald Trump passed the Setting Every Community Up for Retirement Enhancement Act or SECURE Act. Some of the Act aims as making it easier for small business owners to create more affordable and easier to administer retirement plans. Key takeaways from the SECURE Act include:
- Small Business Tax Credits have increased for businesses who start a 401(k) Plan, thus making starting a plan more affordable.
- New automatic enrollment plan tax credit created.
- Removes the annual notice requirement for Safe Harbor 401(k) Plans that utilize the nonelective contribution instead of the match.
- 401(k) Nonelective Safe Harbor Plans can be adopted up until 30 days before plan year end, instead of 90 days prior.
- Maximum automatic contribution rate is increased to 15% from 10% in Qualified Automatic Contribution Arrangements (QACAs).
- Pushes the age of 70 ½ to 72 for retirement plan participants needing to take RMDs or ‘required minimum distributions.
- Part-time employees will be eligible to participate after completing 500 hours of service in each of 3 consecutive 12-month periods, if at least age 21 at the end of that time. These employees do not have to share in company contributions.
- Pooled Employer Plans (PEPs) will be allowed which could make it easier for small businesses to administer their retirement plan.
“There is a lot of hype in the government and media about how the SECURE Act will make it cheaper to sponsor a plan. I don’t know if recordkeepers could lower their annual costs any more than they have over the last 8 or 9 years; but it definitely will provide lower start-up costs through the tax credits, and make it easier to administer plans if utilizing a Safe Harbor approach or a PEP,” stated Todd Yawit, Director / Retirement Plans at Saxon Financial Services, Inc.
For most plans and provisions, the SECURE Act became effective on January 1, 2020. However, for Pooled Employer Plans (PEPs), the SECURE Act will go into effect on January 1, 2021. For further information on how the SECURE Act will affect your retirement plans, contact Todd Yawit at (513) 573-0129 or tyawit@gosaxon.com.
Time’s running out to start a new Safe Harbor 401(k) plan for 2013
Originally posted August 26, 2013 by Jerry Kalish
Back in April, I wrote that the Retirement Plan Season Starts Now.
“Now” literally means now for an employer who wants to start a new 401(k) plan this year and take advantage of special tax rules that allow the plan to automatically pass the 401(k) discrimination tests.
Historically, many calendar year end companies have waited until late December to establish a new retirement plan. Employers have said “as long as my plan is in place by December 31, can’t my company consider the entire year for purposes of contributions and tax deductions?”
The answer to which is generally “yes” for most types of retirement plans, but there is a big exception for new Safe Harbor 401(k) plans.
October 1 is the due date for an employer to establish a new 401(k) plan using those special “Safe Harbor” contribution rules to permit owners and other Highly Compensated Employees to maximize their contributions regardless of how much the Non-Highly Compensated Employees contribute.
It works something like this. The employer can make one of two types of Safe Harbor contributions:
- 3% of compensation for all eligible employees, or
- Matching contribution of 100% of the first 3% of an employee’s contribution, and 50% of the next 2% of an employee’s contribution. Thus, if an employee contributes the full 5%, it will cost the employer 4%.
Bottom line: Owners and other Highly Compensated Employees would be able to defer the entire $17,500 maximum plus an additional $5,500 for those over age 50…and also receive the Safe Harbor contribution.
How is this possible if a plan is established on or before October 1? It’s simply that the 401(k) individual limit is a personal calendar year limit even though the 401(k) plan would have been in effect for less than the full year.
Here are the four things needed to get done on or before the October 1, deadline.
- The TPA provides a plan document.
- The employer establishes a trust account.
- The advisor helps the employer select a 401(k) provider.
- The adviser helps communicate the plan to the employees.
There is still time for an employer to establish a new 401(k) plan, and maybe even qualify for the retirement plan start-up tax credit.
This article is for general information and discussion purposes only. Employers and employees should always seek the advice of experienced tax advisors for the application of the tax rules to their specific situation.
