With the passing of the Secure Act 2.0, there are now even more reasons why starting a retirement plan may make sense for your small business. Effective January 1, 2023, in order to encourage employers to establish new retirement plans, substantial tax credits are now available for employers with 100 or fewer employees.
New Plan Credit – The tax credit is available to cover implementation and administrative costs of establishing a plan up to a maximum of $5,000 per year for a total of three years!
Employer Contribution Credit – Employer gets a credit of up to $1,000 per employee (only employees making under $100,000) for the amount of the employer contributions. It phases out based on the number of employees above 50. The percentage also phases out over five years.
Auto-Enrollment Credit – The SECURE Act 1.0 created a separate new tax credit for any business that adds an auto-enrollment feature to a new or existing retirement plan. This credit, of up to $500, is available for the first three years for small employers that add an automatic enrollment feature to a qualified retirement plan or SIMPLE IRA plan.
Let’s look at a few examples of how the the different credits apply. I Can Save, Inc. sets up a new 401(k) plan with automatic enrollment and a 100% match up to 4% of compensation. The company has 30 employees: 25 non-highly compensated employees (non-HCEs) and 5 highly compensated employees (HCEs). All HCEs have compensation over $100,000, and 20 of the non-HCEs have compensation under $100,000. All employees will receive the full match of 4%. |
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Credit #1 Startup Credit Dollar Limitation (The greater of $500 OR the lesser of A or B) A. $6,250 (i.e., $250 x 25 non-HCE participants) B. $5,000 Result = $5,000 |
Credit #2 Auto-Enrollment Credit for auto-enrollment feature = $500 |
Credit #3 Employer Contributions 20 employees with compensation <$100,000 x $1,000 = $20,000 |
The above is for illustrative purposes only and does not include any actual client information.
Other Incentives – In addition to the enhancements made with the passing of the SECURE Act, there are other tax incentives that employers can take advantage of by offering a retirement plan to their employees:
If you are a business owner and have not yet established a retirement plan for yourself and your employees, consider taking advantage of these new credits by establishing a new retirement plan. Schedule time with your Stifel Financial Advisor to discuss which plan or plans make the most sense for your business.
Q: What is considered an eligible employer?
A: Employers that qualify for this tax incentive must meet the following criteria:
Q: Can the tax credit cover 100% of the start-up administrative costs?
A: It can cover 100% of the start-up costs for an employer with 1 to 50 non-highly compensated employees (up to $5,000). The credit covers 50% of costs if the employer has 51 to 100 non-highly compensated employees.
Q: Which plans qualify for the new plan tax incentive?
A: Eligible plans include 401(k) plans, 403(b) plans, profit sharing plans, cash balance plans, SIMPLE IRAs, and SEP IRAs. Such businesses are defined as businesses with 100 or fewer employees receiving $5,000 or more of compensation.
Q: What expenses are considered when determining the credit?
A: The term “qualified startup costs” means any ordinary and necessary expenses of an eligible employer that are paid or incurred in connection with the:
If expenses are used as tax deductions, they are not eligible for the tax credit.
Q: In order for a business to claim the credit, how do plan expenses need to be paid?
A: In order to claim the tax incentive, the cost of establishing the plan and education costs need to be paid directly by the employer/business owner and not out of plan assets.
Employer Contribution Incentive
Employer gets a credit of up to $1,000 per employee (only employees making under $100,000) for the amount of the employer contributions. It phases out based on the number of employees above 50. The percentage also phases out over five years.
Q: Do employers get a $1,000 credit for every employee?
A: Employers get a credit of up to $1,000 for employees who are making less than $100,000.
Q: How much of the employer match is covered by the credit?
A: The credit covers 100% of employer matches for the first two years after plan establishment, 75% in Year 3, 50% in Year 4, and 25% in Year 5.
Q: Will employers with 100 employees receive the credit?
A: Employers with 50 or fewer employees receive the full benefit of this credit, and it is phased out gradually for those with 51 to 100 employees.
Auto-Enrollment Incentive
Q: Does the plan have to be established in 2023 or later to get the auto-enrollment credit?
A: The auto-enrollment option tax credit is based on when the auto-enrollment option itself is added, not when the plan is created. An existing qualified plan can still earn the credit by adding an auto-enrollment option in 2023 or beyond.
Q: Is the auto-enrollment credit available to SIMPLE IRA plans as well?
A: Yes, the credit applies to 401(k), 403(b), and SIMPLE IRA plans.
Stifel does not provide legal or tax advice. You should discuss your particular situation with your legal and tax advisors.
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