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Chapter 6
Maximize Income Deferral

The First Principle of Tax Planning
1999 Tax Guide


Long-Term Savings

Table 5-1 showed the benefits of deferring income over long periods of time. Figure 6-1 below shows very simply the power of long-term deferral, comparing the first alternative (receiving income, paying tax, and investing the after-tax proceeds for 10 years) with the second (deferring income, receiving credit for annual income on the whole amount, and paying tax at the end of the 10-year period). Even in this situation, in which the tax rates are the same in the current year and the future year, the benefit of deferral is substantial.

FIGURE 6-1
Power of Long-Term Deferral of Ordinary Income
  Currently Taxed Deferred for 10 Years
Income $10,000 $10,000
Current tax at 31%  - $3,100            0
Net available for investment $6,900 $10,000
Value in 10 years:    
At 8% net of 31% tax (or 5.55%) $11,810  
At 8% tax-deferred annual return   $21,589
Tax at 31%            0 - $6,693
After-tax value $11,810 $14,896
Tax benefit of deferral -- $ 3,086

Techniques for Deferring Compensation

Qualified Retirement Plans: Most employees have the opportunity to participate in some form of qualified retirement plan, typically a pension, profit-sharing, or savings plan. Generally, a plan is "qualified" if it provides for participation in a nondiscriminatory manner and complies with certain restrictions. The restrictions are mainly limits on employer and employee contributions and distributions from the plans.

These plans have three major benefits:

  • The employer and the employee get a current-year tax deduction for contributions.
  • Earnings on these contributions accumulate tax free.
  • Distributions are taxed when received, sometimes at rates that are lower than the rates that apply to the employee before retirement.

If you participate in a qualified retirement plan (or plans), you have a significant opportunity to help provide for your eventual retirement security and for the security of your survivors. Consequently, one very important aspect of your participation in a plan is designating a beneficiary to receive the proceeds of the plan when you die. This designation should be made only after you carefully review your overall estate plan to ensure the coordination of assets, including employee benefit plan balances. In general, you may want to designate your spouse, your children, other family members, your estate, and often a trust.

Defined Benefit Pension Plans: If you have a defined benefit pension plan, you are generally entitled to an annual pension when you retire. The benefits are typically based on a formula that considers your length of service with the employer, your age at retirement, your annual Social Security income, your preretirement earnings, the period over which you elect to take benefits (that is, your life expectancy), and whether you elect survivor benefits. Figure 6-2 below shows the most common distribution options available under most qualified plans. In some cases, you may be able to take a lump-sum distribution at retirement instead of taking annual amounts.

FIGURE 6-2
Common Distribution Options
  • Single Life. A monthly annuity will be paid to the retired employee for life. This is usually the basic form of benefit under a pension plan.

  • Joint and Survivor. A reduced monthly annuity will be paid to the retired employee for life, with a percentage of that reduced benefit paid to the surviving spouse or other beneficiary. The larger the continuing percentage, the smaller the initial benefit.

  • Term Certain. Based on a single life or joint life annuity, a reduced monthly annuity will be paid for life (or joint life), coupled with a guaranteed minimum payment period, such as five, 10, or 15 years.

  • Lump Sum. A single sum, rather than an annuity, will be paid to the retired employee. This amount is a present-value equivalent of the stream of otherwise available annuity payments in a pension plan or, in the case of a defined contribution plan, simply the balance accumulated in the retiree’s account at the time of distribution.


Defined Contribution Pension, Profit-Sharing, and Savings Plans: Many employer-provided savings plans permit the employee to elect to contribute a specified percentage or dollar amount of pretax income to a retirement savings account. Some of these plans also allow after-tax contributions.

Many employers (but not all) "match" employee contributions in cash or employer stock to augment employees’ accounts. Under the terms of many of these plans, you may have significant, or even total, responsibility for investing your contributions.

The importance of electing the maximum contribution amount to these savings plans cannot be overstated. Anytime you have the ability to contribute pretax (or post-tax) income to an account that will grow at a tax-deferred rate, you should do so unless you clearly cannot afford to do so.

To the extent your employer matches any portion of your contribution, it becomes even more important to contribute. Receiving an employer match is the same as receiving an annual increase in pay.

  • 401(k) Plans. A 401(k) plan is a qualified plan named after the section of the Internal Revenue Code that authorizes it. This type of plan allows you to elect to contribute a specified portion of compensation (limited to $10,000 in 1999) to the plan before paying income taxes. Some plans permit additional contributions from after-tax compensation. Both the money contributed and the plan’s earnings are accumulated tax-free until they are withdrawn. Post-tax contributions are nontaxable when withdrawn. Distributions from the plan cannot be made before you reach age 59½ except in limited circumstances (hardship, termination of employment, and so forth). These distributions are often subject to a 10-percent early withdrawal penalty, in addition to the regular income taxes.

  • Individual Retirement Accounts. Individual retirement accounts provide an opportunity for some taxpayers to defer compensation. IRA contributions up to $2,000 ($4,000 in the case of a spousal IRA) may be fully deducted by a working taxpayer as long as (1) the taxpayer is not covered by an employer-sponsored retirement plan or (2) the taxpayer is covered by an employer-sponsored plan (an active participant) and adjusted gross income is below certain levels. The deduction is phased out for married couples filing jointly at income levels from $51,000 to $61,000 and for single people at income levels from $31,000 to $41,000. If these conditions are satisfied, the contribution is deductible even if you do not itemize deductions, thus causing the tax result to be similar to that of a 401(k) plan contribution. As with a 401(k) plan, the money and earnings in a deductible IRA and a traditional nondeductible IRA are not taxed until you withdraw them.

    Withdrawals before age 59½ are generally subject to a 10-percent early withdrawal penalty, in addition to the regular income tax payable on the distribution. The 10-percent early withdrawal penalty will not apply to distributions made after December 31, 1997, for first-home purchases (up to $10,000) and qualified higher education expenses for taxpayers, children, grandchildren, or ancestors. In addition, the 10-percent early withdrawal penalty does not apply to distributions used for medical expenses in excess of 7.5 percent of the taxpayer’s adjusted gross income.

  • Spousal IRAs. Separate IRA accounts are established for each spouse. A total $4,000 IRA contribution can be allocated between the spouses in any proportion as long as the amount allocated to one spouse does not exceed $2,000. However, the combined contribution cannot be higher than the combined earnings of the spouses in the year the contribution is made. A taxpayer’s spouse will not be considered to be an active participant merely because his or her spouse is covered by an employer-sponsored retirement plan for any part of a plan year. A separate phaseout limit applies to individuals who are not active participants but whose spouses are active participants. The deductible IRA contribution for such individuals is phased out at adjusted gross incomes between $150,000 and $160,000.

  • Nondeductible IRAs. Even if you do not satisfy the requirements that allow a tax deduction for your IRA contribution, you may still contribute up to $2,000 (less any deductible IRA contributions) to a traditional nondeductible IRA. (The contribution may be up to $4,000 for a 1999 spousal IRA.) Although the contribution is not deducted from taxable income, the earnings on the contribution are not taxed until they are withdrawn. This often-overlooked opportunity can provide significant benefits if used consistently for several years.

  • Nondeductible Roth IRA. The Roth IRA is funded solely with after-tax (nondeductible) contributions, but unlike current nondeductible IRAs, it exists as a separate account and offers the possibility of tax-free earnings.

    The principal features of the Roth IRA are:

    • No tax deduction is allowed for contributions to the account.
    • Income accumulates tax-free in the account.
    • Qualified distributions from the account are not included in income.
    • Income limitations for contributions begin at $150,000 for married taxpayers filing jointly and $95,000 for single taxpayers.
    • The maximum contribution is coordinated with the deductible IRA and is limited annually to the maximum IRA contribution allowed for that individual.
    • Contributions can be made even if the individual is beyond age 70½.
    • No distributions are required when the individual attains age 70½.
    • Distributions are required only upon death.
    • Rollovers are permitted from one Roth IRA to another Roth IRA.

    Nontaxable qualified distributions from a Roth IRA include distributions made at least five years after the first taxable year in which the individual made a contribution to the Roth IRA, if they are made (1) after the individual reaches age 59½, (2) after death, (3) on account of disability, or (4) for qualified first-home purchases. Nonqualified distributions are included in income to the extent of earnings after recovery of contributions and are subject to the additional 10-percent early withdrawal tax. Distributions for educational and medical expenses are taxable, but are not subject to the 10-percent early withdrawal tax.

  • Nondeductible Education IRAs. Taxpayers can make a nondeductible contribution of $500 in 1999 and later years to a separate education IRA for each child. An education IRA is a trust or custodial account that exists as a separate IRA account and has the intended purpose of providing funds for the attendance of a program of higher education.

    This account may be established for paying the qualified higher-education expenses of a designated beneficiary. As with the Roth IRA, there is no income tax deduction for the contribution. However, the earnings of this account are subject to inclusion in gross income, along with the additional 10-percent tax upon distribution to the extent the distribution exceeds qualified higher-education expenses.

    The education IRA has the following principal features:

    • Contributions of up to $500 per beneficiary annually are allowed (in addition to the $2,000 limit).
    • Contributions may be made regardless of whether the beneficiary has gross income.
    • Contributions may not be made after the beneficiary turns 18.
    • Distributions of income from the account are included in income and subject to the additional 10-percent tax to the extent that they exceed qualified higher-education expenses.
    • Income limitations for contributions begin at $150,000 for married taxpayers filing jointly and $95,000 for single taxpayers.

  • Two points about IRAs. You must remember two points about IRAs:

    1. You can maximize your savings by funding your IRA as early as possible in any given tax year.

    2. If the trustee of your IRA takes its fee out of your $2,000 contribution, there will be less money in your IRA account that can be invested, so consider paying the fee separately from your IRA contribution. Making a separate payment will also allow you to add the fee to your miscellaneous itemized deductions.

Keogh/Retirement Plans for Self-Employed Taxpayers: Keogh plans are the primary retirement savings opportunity for self-employed individuals. The maximum annual tax deduction for this type of plan is the lesser of $30,000 or 15 percent of net self-employment income (not in excess of $160,000). The percentage limitation may be increased to 25 percent by using a money purchase pension plan or a combination of both types of plans. Net self-employment income is your self-employment income reduced by 50 percent of the self-employment tax, as well as by the Keogh contribution itself.

Keogh plans can be established by all self-employed individuals. People who received compensation as company directors and other part-time self-employed consultants are also allowed to establish a Keogh plan with respect to that income, even if they are covered by an employer’s qualified retirement plan. Keep in mind that, if your self-employment income is derived from a business that has employees, the employees generally must be included in the plan.

Contributions to a Keogh plan are deductible if

  • The plan was established before the end of the tax year for which you want to take a deduction, and

  • They are paid by the due date for filing the return for that year (including extensions).

Simplified Employee Pensions: Another alternative available to the self-employed individual, as well as to small employers, is a simplified employee pension (SEP). It is similar to an IRA with regard to distributions, but provides for contributions of 15 percent of net self-employed compensation, subject to some dollar limitations, in the case of an unincorporated individual. One advantage of a SEP over a Keogh plan is that it can be established any time, including extensions, before the related tax return is required to be filed. The Keogh plan, on the other hand, must be established before the end of the individual’s tax year, generally Dec. 31.

Remember, the IRS dictates when you must begin taking payouts from qualified retirement plans and IRAs. Generally, distributions must start no later than April 1 of the year following the year in which you reach age 70½. IRS regulations dictate the dollar amounts of the distributions.

Nonqualified Retirement Plans: Generally, nonqualified plans are available only to more highly compensated employees. Nonqualified plans are not subject to the same tax and labor law restrictions as qualified plans, such as limitations regarding discrimination in contributions and distributions or funding requirements. However, since these plans generally either are not currently funded or are tied to the performance of employer stock, they can be much riskier than qualified plans.

Almost any plan designed to increase an employee’s retirement income or savings available for retirement can be considered a nonqualified retirement plan. These plans can be provided by an employer or established by an employee. Because these plans are nonqualified, employers who provide them do not receive any income tax deduction until the funds are actually paid to employees, and there is some risk that the funds will not be available to the employee at retirement. If you participate in this type of plan, you may want to consider this risk when determining your projected retirement income.

There may be less risk with employee-funded nonqualified retirement plans, but there is still generally some risk. For example, if you purchase a deferred annuity or a cash-value life insurance contract for tax-deferred growth, there is still some investment risk, as well as the risk that the company selling the product will not perform as expected.

Stock Option Plans: Stock options are often granted to executives as incentive compensation and to encourage and assist in the ownership of stock in the employer company. Stock appreciation rights (SARs) accomplish much the same results by rewarding executives with the increase in stock value, paid in cash or shares of stock or both.

These plans typically provide for the options/SARs to vest from one to five years following the date of grant and to expire, if unexercised, 10 years from the date of grant. Employee stock options generally are not taxable at the time of grant, but instead at the time of exercise and at the time of sale of the acquired stock.

Nonqualified stock options are subject to income tax at the time of exercise; the difference between the fair market value on the date of exercise and the grant price (the bargain element) is treated as additional compensation and taxed as ordinary income. Incentive stock options (ISOs) provide a major benefit because there is no ordinary income taxation at date of grant or date of exercise. However, the ISO bargain element is an adjustment for alternative minimum tax. You are allowed long-term capital gain treatment for the entire option gain (initial spread at exercise plus any subsequent appreciation) if you hold the stock for at least two years from the date of grant and at least one year from the date of exercise.

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