Retirement plans are another popular fringe benefit.
There are three broad categories of retirement plans:
Profit sharing - the most simple plan. You have
maximum flexibility, but these types of plans have the lowest
contribution caps
Money purchase (sometimes called defined contribution
plans) - still a lot of flexibility, but has a minimum annual
contribution level. You give up some flexibility in exchange for the
opportunity to sock away higher tax-advantaged savings amounts
Defined benefit - the most complex and expensive plan
to administer. You set or define the output (the guaranteed level of
monthly retirement benefit), and the company must contribute whatever it
takes to get there. This type of plan has fallen out of favor with
companies large and small in recent years.
There are additional sporty features you can add to any of these three types
of models. The most popular are salary reduction features, usually referred to
as 401(k) or CODA (cash or deferred arrangement). Each retirement plan must file
its own annual tax return. You can also elect to include vesting rights and
integrate plan contributions for each employee with social security benefits.
Vesting and integration are both ways to send more of the contributions towards
the owners and more highly paid employees.
There are several special plans designed by Congress just for small
businesses. The two most popular are the SIMPLE (Savings Incentive Match Plan)
and SEP (Simplified Employee Pension plan). Both of these plans have no annual
reporting requirements, and can be established with an easy one page IRS form
(plus whatever paperwork your bank, insurance company or brokerage firm wants).
However, there is no integration and full immediate vesting rights in these
plans.
The SIMPLE plan offers an opportunity for you to put away $6,000 for
yourself. The company must match dollar for dollar up to 3% of compensation. To
get the company match, the employee must first elect to make the payroll
deduction, which most probably won't. If they don't elect to put away funds
themselves, then you can legally get the full benefit of the retirement plan
yourself.
The SEP plan is a very flexible plan. You can choose up to the company filing
date (i.e. after the year is over) to contribute anywhere from nothing to 15%
(13% for sole proprietors, partners and S-corporation shareholders). You can
also change the amount you contribute from year to year to meet the company's
annual cash flow situation.
There are some complicated tax consequences to some of these benefits plans,
so you should consult with your tax advisor. The biggest limitation is that sole
proprietors, partners, and S-corporation shareholders over 2% cannot participate
in fringe benefit plans other than retirement, and the retirement benefit is
partially limited.
Sometimes you can get around these limitations. For example, if you are
organized as a sole proprietor and your spouse works for you in the business,
you can sign a spousal employment agreement which can include offering any or
all of these fringe benefits. This arrangement will cut both income and
self-employment taxes for you.