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Ez forms 3. Ez forms   SIMPLE Plans Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: SIMPLE IRA PlanWho Can Set Up a SIMPLE IRA Plan? Who Can Participate in a SIMPLE IRA Plan? How To Set Up a SIMPLE IRA Plan Notification Requirement Contribution Limits When To Deduct Contributions Where To Deduct Contributions Tax Treatment of Contributions Distributions (Withdrawals) More Information on SIMPLE IRA Plans SIMPLE 401(k) Plan Topics - This chapter discusses: SIMPLE IRA plan SIMPLE 401(k) plan Useful Items - You may want to see: Publications 590 Individual Retirement Arrangements (IRAs) 3998 Choosing A Retirement Solution for Your Small Business 4284 SIMPLE IRA Plan Checklist 4334 SIMPLE IRA Plans for Small Businesses Forms (and Instructions) W-2 Wage and Tax Statement 5304-SIMPLE Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)–Not for Use With a Designated Financial Institution 5305-SIMPLE Savings Incentive Match Plan for Employees of Small Employers (SIMPLE)–for Use With a Designated Financial Institution 8880 Credit for Qualified Retirement Savings Contributions 8881 Credit for Small Employer Pension Plan Startup Costs A savings incentive match plan for employees (SIMPLE plan) is a written arrangement that provides you and your employees with a simplified way to make contributions to provide retirement income. Ez forms Under a SIMPLE plan, employees can choose to make salary reduction contributions to the plan rather than receiving these amounts as part of their regular pay. Ez forms In addition, you will contribute matching or nonelective contributions. Ez forms SIMPLE plans can only be maintained on a calendar-year basis. Ez forms A SIMPLE plan can be set up in either of the following ways. Ez forms Using SIMPLE IRAs (SIMPLE IRA plan). Ez forms As part of a 401(k) plan (SIMPLE 401(k) plan). Ez forms Many financial institutions will help you set up a SIMPLE plan. Ez forms SIMPLE IRA Plan A SIMPLE IRA plan is a retirement plan that uses SIMPLE IRAs for each eligible employee. Ez forms Under a SIMPLE IRA plan, a SIMPLE IRA must be set up for each eligible employee. Ez forms For the definition of an eligible employee, see Who Can Participate in a SIMPLE IRA Plan , later. Ez forms Who Can Set Up a SIMPLE IRA Plan? You can set up a SIMPLE IRA plan if you meet both the following requirements. Ez forms You meet the employee limit. Ez forms You do not maintain another qualified plan unless the other plan is for collective bargaining employees. Ez forms Employee limit. Ez forms   You can set up a SIMPLE IRA plan only if you had 100 or fewer employees who received $5,000 or more in compensation from you for the preceding year. Ez forms Under this rule, you must take into account all employees employed at any time during the calendar year regardless of whether they are eligible to participate. Ez forms Employees include self-employed individuals who received earned income and leased employees (defined in chapter 1). Ez forms   Once you set up a SIMPLE IRA plan, you must continue to meet the 100-employee limit each year you maintain the plan. Ez forms Grace period for employers who cease to meet the 100-employee limit. Ez forms   If you maintain the SIMPLE IRA plan for at least 1 year and you cease to meet the 100-employee limit in a later year, you will be treated as meeting it for the 2 calendar years immediately following the calendar year for which you last met it. Ez forms   A different rule applies if you do not meet the 100-employee limit because of an acquisition, disposition, or similar transaction. Ez forms Under this rule, the SIMPLE IRA plan will be treated as meeting the 100-employee limit for the year of the transaction and the 2 following years if both the following conditions are satisfied. Ez forms Coverage under the plan has not significantly changed during the grace period. Ez forms The SIMPLE IRA plan would have continued to qualify after the transaction if you had remained a separate employer. Ez forms    The grace period for acquisitions, dispositions, and similar transactions also applies if, because of these types of transactions, you do not meet the rules explained under Other qualified plan or Who Can Participate in a SIMPLE IRA Plan, below. Ez forms Other qualified plan. Ez forms   The SIMPLE IRA plan generally must be the only retirement plan to which you make contributions, or to which benefits accrue, for service in any year beginning with the year the SIMPLE IRA plan becomes effective. Ez forms Exception. Ez forms   If you maintain a qualified plan for collective bargaining employees, you are permitted to maintain a SIMPLE IRA plan for other employees. Ez forms Who Can Participate in a SIMPLE IRA Plan? Eligible employee. Ez forms   Any employee who received at least $5,000 in compensation during any 2 years preceding the current calendar year and is reasonably expected to receive at least $5,000 during the current calendar year is eligible to participate. Ez forms The term “employee” includes a self-employed individual who received earned income. Ez forms   You can use less restrictive eligibility requirements (but not more restrictive ones) by eliminating or reducing the prior year compensation requirements, the current year compensation requirements, or both. Ez forms For example, you can allow participation for employees who received at least $3,000 in compensation during any preceding calendar year. Ez forms However, you cannot impose any other conditions for participating in a SIMPLE IRA plan. Ez forms Excludable employees. Ez forms   The following employees do not need to be covered under a SIMPLE IRA plan. Ez forms Employees who are covered by a union agreement and whose retirement benefits were bargained for in good faith by the employees' union and you. Ez forms Nonresident alien employees who have received no U. Ez forms S. Ez forms source wages, salaries, or other personal services compensation from you. Ez forms Compensation. Ez forms   Compensation for employees is the total wages, tips, and other compensation from the employer subject to federal income tax withholding and the amounts paid for domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. Ez forms Compensation also includes the employee's salary reduction contributions made under this plan and, if applicable, elective deferrals under a section 401(k) plan, a SARSEP, or a section 403(b) annuity contract and compensation deferred under a section 457 plan required to be reported by the employer on Form W-2. Ez forms If you are self-employed, compensation is your net earnings from self-employment (line 4 of Short Schedule SE or line 6 of Long Schedule SE (Form 1040)) before subtracting any contributions made to the SIMPLE IRA plan for yourself. Ez forms How To Set Up a SIMPLE IRA Plan You can use Form 5304-SIMPLE or Form 5305-SIMPLE to set up a SIMPLE IRA plan. Ez forms Each form is a model savings incentive match plan for employees (SIMPLE) plan document. Ez forms Which form you use depends on whether you select a financial institution or your employees select the institution that will receive the contributions. Ez forms Use Form 5304-SIMPLE if you allow each plan participant to select the financial institution for receiving his or her SIMPLE IRA plan contributions. Ez forms Use Form 5305-SIMPLE if you require that all contributions under the SIMPLE IRA plan be deposited initially at a designated financial institution. Ez forms The SIMPLE IRA plan is adopted when you have completed all appropriate boxes and blanks on the form and you (and the designated financial institution, if any) have signed it. Ez forms Keep the original form. Ez forms Do not file it with the IRS. Ez forms Other uses of the forms. Ez forms   If you set up a SIMPLE IRA plan using Form 5304-SIMPLE or Form 5305-SIMPLE, you can use the form to satisfy other requirements, including the following. Ez forms Meeting employer notification requirements for the SIMPLE IRA plan. Ez forms Form 5304-SIMPLE and Form 5305-SIMPLE contain a Model Notification to Eligible Employees that provides the necessary information to the employee. Ez forms Maintaining the SIMPLE IRA plan records and proving you set up a SIMPLE IRA plan for employees. Ez forms Deadline for setting up a SIMPLE IRA plan. Ez forms   You can set up a SIMPLE IRA plan effective on any date from January 1 through October 1 of a year, provided you did not previously maintain a SIMPLE IRA plan. Ez forms This requirement does not apply if you are a new employer that comes into existence after October 1 of the year the SIMPLE IRA plan is set up and you set up a SIMPLE IRA plan as soon as administratively feasible after your business comes into existence. Ez forms If you previously maintained a SIMPLE IRA plan, you can set up a SIMPLE IRA plan effective only on January 1 of a year. Ez forms A SIMPLE IRA plan cannot have an effective date that is before the date you actually adopt the plan. Ez forms Setting up a SIMPLE IRA. Ez forms   SIMPLE IRAs are the individual retirement accounts or annuities into which the contributions are deposited. Ez forms A SIMPLE IRA must be set up for each eligible employee. Ez forms Forms 5305-S, SIMPLE Individual Retirement Trust Account, and 5305-SA, SIMPLE Individual Retirement Custodial Account, are model trust and custodial account documents the participant and the trustee (or custodian) can use for this purpose. Ez forms   A SIMPLE IRA cannot be a Roth IRA. Ez forms Contributions to a SIMPLE IRA will not affect the amount an individual can contribute to a Roth or traditional IRA. Ez forms Deadline for setting up a SIMPLE IRA. Ez forms   A SIMPLE IRA must be set up for an employee before the first date by which a contribution is required to be deposited into the employee's IRA. Ez forms See Time limits for contributing funds , later, under Contribution Limits. Ez forms Credit for startup costs. Ez forms   You may be able to claim a tax credit for part of the ordinary and necessary costs of starting a SIMPLE IRA plan that first became effective in 2013. Ez forms For more information, see Credit for startup costs under Reminders, earlier. Ez forms Notification Requirement If you adopt a SIMPLE IRA plan, you must notify each employee of the following information before the beginning of the election period. Ez forms The employee's opportunity to make or change a salary reduction choice under a SIMPLE IRA plan. Ez forms Your decision to make either matching contributions or nonelective contributions (discussed later). Ez forms A summary description provided by the financial institution. Ez forms Written notice that his or her balance can be transferred without cost or penalty if they use a designated financial institution. Ez forms Election period. Ez forms   The election period is generally the 60-day period immediately preceding January 1 of a calendar year (November 2 to December 31 of the preceding calendar year). Ez forms However, the dates of this period are modified if you set up a SIMPLE IRA plan in mid-year (for example, on July 1) or if the 60-day period falls before the first day an employee becomes eligible to participate in the SIMPLE IRA plan. Ez forms   A SIMPLE IRA plan can provide longer periods for permitting employees to enter into salary reduction agreements or to modify prior agreements. Ez forms For example, a SIMPLE IRA plan can provide a 90-day election period instead of the 60-day period. Ez forms Similarly, in addition to the 60-day period, a SIMPLE IRA plan can provide quarterly election periods during the 30 days before each calendar quarter, other than the first quarter of each year. Ez forms Contribution Limits Contributions are made up of salary reduction contributions and employer contributions. Ez forms You, as the employer, must make either matching contributions or nonelective contributions, defined later. Ez forms No other contributions can be made to the SIMPLE IRA plan. Ez forms These contributions, which you can deduct, must be made timely. Ez forms See Time limits for contributing funds , later. Ez forms Salary reduction contributions. Ez forms   The amount the employee chooses to have you contribute to a SIMPLE IRA on his or her behalf cannot be more than $12,000 for 2013 and 2014. Ez forms These contributions must be expressed as a percentage of the employee's compensation unless you permit the employee to express them as a specific dollar amount. Ez forms You cannot place restrictions on the contribution amount (such as limiting the contribution percentage), except to comply with the $12,000 limit. Ez forms   If you or an employee participates in any other qualified plan during the year and you or your employee have salary reduction contributions (elective deferrals) under those plans, the salary reduction contributions under a SIMPLE IRA plan also count toward the overall annual limit ($17,500 for 2013 and 2014) on exclusion of salary reduction contributions and other elective deferrals. Ez forms Catch-up contributions. Ez forms   A SIMPLE IRA plan can permit participants who are age 50 or over at the end of the calendar year to also make catch-up contributions. Ez forms The catch-up contribution limit for 2013 and 2014 for SIMPLE IRA plans is $2,500. Ez forms Salary reduction contributions are not treated as catch-up contributions for 2013 or 2014 until they exceed $12,000. Ez forms However, the catch-up contribution a participant can make for a year cannot exceed the lesser of the following amounts. Ez forms The catch-up contribution limit. Ez forms The excess of the participant's compensation over the salary reduction contributions that are not catch-up contributions. Ez forms Employer matching contributions. Ez forms   You are generally required to match each employee's salary reduction contributions on a dollar-for-dollar basis up to 3% of the employee's compensation. Ez forms This requirement does not apply if you make nonelective contributions as discussed later. Ez forms Example. Ez forms In 2013, your employee, John Rose, earned $25,000 and chose to defer 5% of his salary. Ez forms Your net earnings from self-employment are $40,000, and you choose to contribute 10% of your earnings to your SIMPLE IRA. Ez forms You make 3% matching contributions. Ez forms The total contribution you make for John is $2,000, figured as follows. Ez forms Salary reduction contributions ($25,000 × . Ez forms 05) $1,250 Employer matching contribution ($25,000 × . Ez forms 03) 750 Total contributions $2,000     The total contribution you make for yourself is $5,200, figured as follows. Ez forms Salary reduction contributions ($40,000 × . Ez forms 10) $4,000 Employer matching contribution ($40,000 × . Ez forms 03) 1,200 Total contributions $5,200 Lower percentage. Ez forms   If you choose a matching contribution less than 3%, the percentage must be at least 1%. Ez forms You must notify the employees of the lower match within a reasonable period of time before the 60-day election period (discussed earlier) for the calendar year. Ez forms You cannot choose a percentage less than 3% for more than 2 years during the 5-year period that ends with (and includes) the year for which the choice is effective. Ez forms Nonelective contributions. Ez forms   Instead of matching contributions, you can choose to make nonelective contributions of 2% of compensation on behalf of each eligible employee who has at least $5,000 (or some lower amount you select) of compensation from you for the year. Ez forms If you make this choice, you must make nonelective contributions whether or not the employee chooses to make salary reduction contributions. Ez forms Only $255,000 of the employee's compensation can be taken into account to figure the contribution limit in 2013 ($260,000 in 2014). Ez forms   If you choose this 2% contribution formula, you must notify the employees within a reasonable period of time before the 60-day election period (discussed earlier) for the calendar year. Ez forms Example 1. Ez forms In 2013, your employee, Jane Wood, earned $36,000 and chose to have you contribute 10% of her salary. Ez forms Your net earnings from self-employment are $50,000, and you choose to contribute 10% of your earnings to your SIMPLE IRA. Ez forms You make a 2% nonelective contribution. Ez forms Both of you are under age 50. Ez forms The total contribution you make for Jane is $4,320, figured as follows. Ez forms Salary reduction contributions ($36,000 × . Ez forms 10) $3,600 2% nonelective contributions ($36,000 × . Ez forms 02) 720 Total contributions $4,320     The total contribution you make for yourself is $6,000, figured as follows. Ez forms Salary reduction contributions ($50,000 × . Ez forms 10) $5,000 2% nonelective contributions ($50,000 × . Ez forms 02) 1,000 Total contributions $6,000 Example 2. Ez forms Using the same facts as in Example 1, above, the maximum contribution you make for Jane or for yourself if you each earned $75,000 is $13,500, figured as follows. Ez forms Salary reduction contributions (maximum amount allowed) $12,000 2% nonelective contributions ($75,000 × . Ez forms 02) 1,500 Total contributions $13,500 Time limits for contributing funds. Ez forms   You must make the salary reduction contributions to the SIMPLE IRA within 30 days after the end of the month in which the amounts would otherwise have been payable to the employee in cash. Ez forms You must make matching contributions or nonelective contributions by the due date (including extensions) for filing your federal income tax return for the year. Ez forms Certain plans subject to Department of Labor rules may have an earlier due date for salary reduction contributions. Ez forms When To Deduct Contributions You can deduct SIMPLE IRA contributions in the tax year within which the calendar year for which contributions were made ends. Ez forms You can deduct contributions for a particular tax year if they are made for that tax year and are made by the due date (including extensions) of your federal income tax return for that year. Ez forms Example 1. Ez forms Your tax year is the fiscal year ending June 30. Ez forms Contributions under a SIMPLE IRA plan for the calendar year 2013 (including contributions made in 2013 before July 1, 2013) are deductible in the tax year ending June 30, 2014. Ez forms Example 2. Ez forms You are a sole proprietor whose tax year is the calendar year. Ez forms Contributions under a SIMPLE IRA plan for the calendar year 2013 (including contributions made in 2014 by April 15, 2014) are deductible in the 2013 tax year. Ez forms Where To Deduct Contributions Deduct the contributions you make for your common-law employees on your tax return. Ez forms For example, sole proprietors deduct them on Schedule C (Form 1040) or Schedule F (Form 1040); partnerships deduct them on Form 1065; and corporations deduct them on Form 1120 or Form 1120S. Ez forms Sole proprietors and partners deduct contributions for themselves on line 28 of Form 1040. Ez forms (If you are a partner, contributions for yourself are shown on the Schedule K-1 (Form 1065) you receive from the partnership. Ez forms ) Tax Treatment of Contributions You can deduct your contributions and your employees can exclude these contributions from their gross income. Ez forms SIMPLE IRA plan contributions are not subject to federal income tax withholding. Ez forms However, salary reduction contributions are subject to social security, Medicare, and federal unemployment (FUTA) taxes. Ez forms Matching and nonelective contributions are not subject to these taxes. Ez forms Reporting on Form W-2. Ez forms   Do not include SIMPLE IRA plan contributions in the “Wages, tips, other compensation” box of Form W-2. Ez forms You must, however, include them in the “Social security wages” and “Medicare wages and tips” boxes. Ez forms You must also include them in box 12. Ez forms Mark the “Retirement plan” checkbox in box 13. Ez forms For more information, see the Form W-2 instructions. Ez forms Distributions (Withdrawals) Distributions from a SIMPLE IRA are subject to IRA rules and generally are includible in income for the year received. Ez forms Tax-free rollovers can be made from one SIMPLE IRA into another SIMPLE IRA. Ez forms However, a rollover from a SIMPLE IRA to a non-SIMPLE IRA can be made tax free only after a 2-year participation in the SIMPLE IRA plan. Ez forms Generally, you or your employee must begin to receive distributions from a SIMPLE IRA by April 1 of the first year after the calendar year in which you or your employee reaches age 70½. Ez forms Early withdrawals generally are subject to a 10% additional tax. Ez forms However, the additional tax is increased to 25% if funds are withdrawn within 2 years of beginning participation. Ez forms More information. Ez forms   See Publication 590 for information about IRA rules, including those on the tax treatment of distributions, rollovers, required distributions, and income tax withholding. Ez forms More Information on SIMPLE IRA Plans If you need help to set up or maintain a SIMPLE IRA plan, go to the IRS website and search SIMPLE IRA Plan. Ez forms SIMPLE 401(k) Plan You can adopt a SIMPLE plan as part of a 401(k) plan if you meet the 100-employee limit as discussed earlier under SIMPLE IRA Plan. Ez forms A SIMPLE 401(k) plan is a qualified retirement plan and generally must satisfy the rules discussed under Qualification Rules in chapter 4, including the required distribution rules. Ez forms However, a SIMPLE 401(k) plan is not subject to the nondiscrimination and top-heavy rules discussed in chapter 4 if the plan meets the conditions listed below. Ez forms Under the plan, an employee can choose to have you make salary reduction contributions for the year to a trust in an amount expressed as a percentage of the employee's compensation, but not more than $12,000 for 2013 and 2014. Ez forms If permitted under the plan, an employee who is age 50 or over can also make a catch-up contribution of up to $2,500 for 2013 and 2014. Ez forms See Catch-up contributions , earlier under Contribution Limits. Ez forms You must make either: Matching contributions up to 3% of compensation for the year, or Nonelective contributions of 2% of compensation on behalf of each eligible employee who has at least $5,000 of compensation from you for the year. Ez forms No other contributions can be made to the trust. Ez forms No contributions are made, and no benefits accrue, for services during the year under any other qualified retirement plan sponsored by you on behalf of any employee eligible to participate in the SIMPLE 401(k) plan. Ez forms The employee's rights to any contributions are nonforfeitable. Ez forms No more than $255,000 of the employee's compensation can be taken into account in figuring matching contributions and nonelective contributions in 2013 ($260,000 in 2014). Ez forms Compensation is defined earlier in this chapter. Ez forms Employee notification. Ez forms   The notification requirement that applies to SIMPLE IRA plans also applies to SIMPLE 401(k) plans. Ez forms See Notification Requirement in this chapter. Ez forms Credit for startup costs. Ez forms   You may be able to claim a tax credit for part of the ordinary and necessary costs of starting a SIMPLE 401(k) plan that first became effective in 2013. Ez forms For more information, see Credit for startup costs under Reminders, earlier. Ez forms Note on Forms. Ez forms   Please note that Forms 5304-SIMPLE and 5305-SIMPLE can not be used to establish a SIMPLE 401(k) plan. Ez forms To set up a SIMPLE 401(k) plan, see Adopting a Written Plan in chapter 4. Ez forms Prev  Up  Next   Home   More Online Publications
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Ez forms Publication 947 - Introductory Material Table of Contents What's New Practitioners' Hotline IntroductionOrdering forms and publications. Ez forms Tax questions. Ez forms Useful Items - You may want to see: What's New Registered tax return preparers. Ez forms  Registered tax return preparers may prepare and sign as the preparer tax returns and claims for refund and other documents for submission to the IRS. Ez forms They may also represent taxpayers before revenue agents, customer service representatives, and similar IRS employees during an examination if they signed the return or claim for refund for the tax year or period under examination. Ez forms Future developments. Ez forms  The IRS has created a page on IRS. Ez forms gov for information about Publication 947 at www. Ez forms irs. Ez forms gov/pub947. Ez forms Information about any future developments (such as legislation enacted after we release it) will be posted on that page. Ez forms Practitioners' Hotline The Practitioner Priority Service® is a nationwide, toll-free hotline that provides professional support to practitioners with account-related questions. Ez forms The toll-free number for this service is 1-866-860-4259. Ez forms Introduction This publication discusses who can represent a taxpayer before the IRS and what forms or documents are used to authorize a person to represent a taxpayer. Ez forms Usually, attorneys, certified public accountants (CPAs), enrolled agents, enrolled retirement plan agents, and enrolled actuaries can represent taxpayers before the IRS. Ez forms Under special circumstances, other individuals, including registered tax return preparers, unenrolled return preparers, and students can represent taxpayers before the IRS. Ez forms For details regarding taxpayer representation, see Who Can Practice Before the IRS, later. Ez forms Definitions. Ez forms   Many of the terms used in this publication, such as “enrolled agent” and “practitioner” are defined in the Glossary at the back of this publication. Ez forms Comments and suggestions. Ez forms   We welcome your comments about this publication and your suggestions for future editions. Ez forms   You can write to us at the following address: Internal Revenue Service Individual Forms and Publications Branch SE:W:CAR:MP:T:I 1111 Constitution Ave. Ez forms NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Ez forms Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Ez forms   You can email us at taxforms@irs. Ez forms gov . Ez forms Please put “Publications Comment” on the subject line. Ez forms You can also send us comments from www. Ez forms irs. Ez forms gov/formspubs/, select “Comment on Tax Forms and Publications” under “Information About. Ez forms ” Ordering forms and publications. Ez forms   Visit www. Ez forms irs. Ez forms gov/formspubs/ to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received. Ez forms Internal Revenue Service 1201 N. Ez forms Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Ez forms   If you have a tax question, check the information available on IRS. Ez forms gov or call 1-800-829-1040. Ez forms We cannot answer tax questions sent to either of the above addresses. Ez forms Useful Items - You may want to see: Publications 1 Your Rights as a Taxpayer 470 Limited Practice Without Enrollment Circular No. Ez forms 230 Regulations Governing Practice before the Internal Revenue Service Forms and Instructions 2848 Power of Attorney and Declaration of Representative 8821 Tax Information Authorization Prev  Up  Next   Home   More Online Publications