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Best small business retirement account contribution rate for President/ owners?

Posted on 1/5/24 at 1:13 pm
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/5/24 at 1:13 pm
I've had my small business (S Corp) for 10 years but this will be my first year that I have an employee employed for 3 years. I have been using a SEP. My understanding is that I have to start offering retirement to employees of 3 years or more and that all employer contributions to employees have to be equal? I am not looking to screw over my employees, but lets say I'm currently doing a $25,000 employer contribution rate to the only employees. I won't be able to offer that to all new employees.

Am I correct in that once I have these employees there are no good employer contribution methods to limited employees like myself? Most of my personal contributions need to be moved from employer to employee (me)?

ETA: I have a meeting with my accountant I'm just trying to explore my options now.
This post was edited on 1/5/24 at 1:15 pm
Posted by Maderan
Member since Feb 2005
807 posts
Posted on 1/5/24 at 2:07 pm to
SEPs would be a percentage for all participants. So if the $25k is 25% of your comp then you certainly don't want to do that.

You will likely need to swap to a 401(k) in order to hit your $ targets. It will probably need to a what is referred to as a Safe Harbor plan in order for you to hit similar targets on contribution dollars if the employees are not going to defer at high rates.

If your targets are lower then you might be able to do a SIMPLE.
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/5/24 at 2:26 pm to
quote:


You will likely need to swap to a 401(k) in order to hit your $ targets.


I'm likely going to switch plans I believe. I appreciate the information. To hit anything reasonable with a 401k though it will need to be employee contributions as employer contributions are capped right?

My problem which I can rework fairly easily, is that like most S-Corp small businesses my W-2 income is not a huge portion of my actual income.

So I guess I'll just need to change that around? Seems like I'll be throwing up a huge audit red flag but so be it I haven't done anything wrong.
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/5/24 at 3:27 pm to
quote:

My problem which I can rework fairly easily, is that like most S-Corp small businesses my W-2 income is not a huge portion of my actual income.


When you say “not a huge portion,” be careful. SCorps are coming under pressure for too much owner draws as a percentage of income. It’s not a problem until it is.

As far as 401k, probably not worth it for only 3 employees. May want to stick with SEP and be generous, or consider SIMPLE IRA.
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/5/24 at 3:58 pm to
Yeah I'm conservative with my S-corp. I've heard plenty of stories of people paying themselves $20k a year or whatever and $200k+ in distributions. I could reasonable hire someone for what I pay myself, but still none of my employees make over $70k so offering any sort of retirement plan I won't be able to do a damn thing with employer contributions anymore?

Everything on the web is Small business plans for individual owners, almost nothing for small businesses with 5-20 employees like a trades company, retail shop, restaurant, etc. where the owner makes considerably more than any employees.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1581 posts
Posted on 1/5/24 at 4:02 pm to
quote:

...employee contributions as employer contributions are capped right?


Employer contributions are capped at 25% but you will have to do it for everyone eligible.

You can defer up to $23,000 + catch up over age 50.

I don't think it would flag an audit - this happens all the time.

If you do a 401k, look at a Safe Harbor plan so you can get around testing. If you don't the odds are you'll be getting taxable refunds every year and not get the full benefit out of it (the headache and the expense).

Another tip, an auto-enroll feature is worth $500 in tax credits for 3 years.

If you go down this road and it still doesn't work for you, that SIMPLE that was mentioned may be your best best.
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/5/24 at 4:21 pm to
Employer contributions are 25% of pre tax pay though right?

I should have just made the numbers easy. Lets say I pay myself $100k W-2 and $100k distributions. This seems more than reasonable from everyone I've talked to as far as the IRS goes.

Previously with my SEP I could do $50k (that's 25% of $200k). Now that I have an employee lets say I do a 10% match with SimpleIRA or 401k I'm only at $33,000 ($23k + $10k (10%)) total.

That's a damn significant chunk missing?
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1581 posts
Posted on 1/5/24 at 8:54 pm to
quote:

Employer contributions are 25% of pre tax pay though right?


Yes, you (the business) want to deduct them.

I had a SEP back in the day and my tax lady said it was only of the W-2

I do know the SIMPLE match is only 3%. There's some other silly rule I've never seen anyone use not worth explaining, but it's lower.

Yeah, you got the math right. Other option is to fire everybody that makes it to three years.
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/6/24 at 11:48 am to
quote:

Previously with my SEP I could do $50k (that's 25% of $200k)


You can’t make a SEP contribution based on the owner distributions. It can only be based on net earnings from self employment as defined in Publication 560 Chapter 1.



This post was edited on 1/6/24 at 12:11 pm
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/6/24 at 11:49 am to
quote:

but still none of my employees make over $70k so offering any sort of retirement plan I won't be able to do a damn thing with employer contributions anymore?


You can do a SIMPLE and match up to 3% as employer contributions.

You can also look into cash balance plans, but may not be worth the administrative costs.
This post was edited on 1/6/24 at 11:51 am
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/6/24 at 5:35 pm to
quote:

You can’t make a SEP contribution based on the owner distributions. It can only be based on net earnings from self employment as defined in Publication 560 Chapter 1.


Sorry, poor terminology. My understanding is it’s 25% of net earnings. My point with the distributions is that would be included in the net earnings. Or a good indication there of.

What I’m trying to say, is that adding an employee of 3 years reduces an employed owners ability to contribute to their retirement unless major changes are made?
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/6/24 at 5:51 pm to
quote:

Sorry, poor terminology. My understanding is it’s 25% of net earnings. My point with the distributions is that would be included in the net earnings. Or a good indication there of.


No.


If you have $100k in owner distributions and $100k in wages, you cannot multiply 25% by $200k. The owner distribution isn’t in your net earnings.

Also, because you’re self employed, you can actually only contribute 20% of net earnings. The 25% number is true, but it’s a circular calculation for the business owner, so you have to add back the SEP deduction which results in a 20% SEP contribution.

I realize you may have been vague for illustrative purposes, but you may want to get another CPA if you’ve actually been doing this kind of stuff.
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/6/24 at 7:17 pm to
I am being vague, I was trying to be simplistic. My understanding is that Sep contributions also are considered net earnings.

I’ll need to look further into my calculations, you’ve certainly brought up some valid points and suggestions. My numbers are simply to provide comparable income to retirement contribution limits.

But yes I’ve been doing over $30,000 which is beyond what my foreseeable future will allow?

ETA: there’s no reason this crap shouldn’t be in a spread sheet. Put anything unknown into its own and either allowed or not allowed and revisit yearly. Fricking ridiculous
This post was edited on 1/6/24 at 7:21 pm
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/6/24 at 7:41 pm to
quote:

My understanding is that Sep contributions also are considered net earnings.



They’re not. They are deducted from net earnings just like 1/2 SE tax has to be deducted to get to net earnings too.
quote:

I’ll need to look further into my calculations, you’ve certainly brought up some valid points and suggestions. My numbers are simply to provide comparable income to retirement contribution limits.


In your $100k example you could actually contribute more to a 401k than you could to a SEP. the employee could contribute $23k or $30,500 if 50+. Employer could also make contributions as a percentage of income for employees. You could make it something like 10% and put more into 401k than you are into the SEP.

You could also just keep your SEP maxed out and do the same for your employee.

Ultimately it’s going to come down to administrative cost and how generous you want to be.
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/6/24 at 7:44 pm to
quote:

ETA: there’s no reason this crap shouldn’t be in a spread sheet. Put anything unknown into its own and either allowed or not allowed and revisit yearly. Fricking ridiculous


Couldn’t agree with this more.

It should be as simple as “take Line N income, multiply by X%, and that’s your SEP deduction.”

The idea you have to read multiple form instructions and publications to figure it out is fricking insane. Net income from self employment is needed for SEP, but isn’t defined in SEP publication.
Posted by Mariner
Mandeville, LA
Member since Jul 2009
1945 posts
Posted on 1/7/24 at 8:03 am to
I have an S-Corp and a SEP. You either have to give everyone the same annual payout, or 25% of each person's salary. What I do is the 25% contribution, and pay myself and my wife (owner) a salary that maxes out the $66K (now $68K) contribution for the year, otherwise I would have to pay everyone $66K.

Yes, after three years you have to offer the plan to the employee, but you could offer it on day 1 if you choose, but it applies to everyone and not just for a rockstar new hire.

I consulted with a tax attorney about this. I recommend establishing a relationship with one.
Posted by baldona
Florida
Member since Feb 2016
20497 posts
Posted on 1/8/24 at 2:23 pm to
quote:

In your $100k example you could actually contribute more to a 401k than you could to a SEP. the employee could contribute $23k or $30,500 if 50+. Employer could also make contributions as a percentage of income for employees. You could make it something like 10% and put more into 401k than you are into the SEP. You could also just keep your SEP maxed out and do the same for your employee.


Good stuff. I do a $1,000 transfer monthly and then look everything over with my CPA before filing to determine my final transfer. So I’m just trying to remember now all my rules and limitations. I don’t think there’s any reason for me to continue my SEP and frankly shouldn’t have done it this year for the reasons you pointed out. Thank you.

Given that, I’m going to run some numbers you can do a 401(k) and Roth 401(k) at the same time. Again you’d think there’d be a damn spreadsheet for this….but if I can reasonably hire someone for what I pay myself, then why would I W-2 myself more and take fewer distributions just for retirement fund ability?

Seems like maybe I should offer a 7-10% employer match and do a personal contribution in the 401(k) up to the employer match, and then maximize the employee contribution to the limit in the Roth? The way I see it is the Roth is coming from my ‘distributions’ basically so somewhat lower taxes, additionally greatly reducing my tax bases at retirement potentially?

Another note, if personal contributions to a 401k are maxed at $23,500 how do you hit the maximum of $66,000 allowed with combined employer contributions? How do you get the missing $19,000 ($66,000-($23,500x2))? I’m missing something I know?

ETA: Finally found this online, so I can contribute after tax? I guess you get tax free growth, is there any other reason to do this into a retirement account?

Depending on your plan, you may be able to contribute up to the total employee and employer contribution limit for the year, provided your existing employee and employer contributions do not exceed the limit. For example, if you were under 50 and contributing $23,000 and your employer was contributing $20,000 in 2024, you could contribute up to an additional $26,000 as after-tax contributions to bring your total to $69,000. "
This post was edited on 1/8/24 at 4:17 pm
Posted by slackster
Houston
Member since Mar 2009
85086 posts
Posted on 1/8/24 at 7:07 pm to
quote:

ETA: Finally found this online, so I can contribute after tax? I guess you get tax free growth, is there any other reason to do this into a retirement account?


After tax is great because you can potentially set up the plan for Roth rollover distributions of the after tax amount and each year. You can basically use it as more Roth contributions.

Also, the employer can contribute more than dollar for dollar. Rarely happens but it’s allowed.
This post was edited on 1/8/24 at 7:09 pm
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