The Retirement Plan Blog

Helping get your retirement plan from where it is now to where it needs to be

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Mark D. DeBofsky. Esq.

John Hoffmire

Jerry Kalish

Adam Turville

Andrew S. Williams, Esq.

Latest from The Retirement Plan Blog

The Retirement Plan Blog

Retirement Funds and Business Startups: Do “ROBS” Work?

By Andrew S. Williams, Esq. on June 18, 2019

Here’s a not unusual scenario for Baby Boomers who have reached their company’s retirement age but are not quite ready to retire. Why not start a business or even buy a franchise? That can require a large personal investment, but he or she has a sizable 401(k) account. Why not use those funds to start a second career? Here’s how they work.…

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The elephant in the room for ERISA purposes could be that “other” company

By Jerry Kalish on May 23, 2019

The passage of the Tax Reform and Jobs Act (“TRJA”) in 2018 made entity selection an important part of tax planning. The TRJA made fundamental changes affecting individual and entity tax rates. Combined with corporate transactions for strategic reasons and business owners acquiring interests in other companies, we’re seeing businesses and owners using multiple entities. And that’s where the elephant in the room gets into the act. The elephant being the complex set of…

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Defined Benefit Plans Have Issues Too

By Jerry Kalish on May 12, 2019

Defined benefit plans may have markedly declined (44% since 1975 according to the Department of Labor), but they haven’t become any more understandable to employers. Indeed, the IRS continues to find the same type of mistakes during audit examinations. Here are the ones that made the IRS Top Ten list:…

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Take Advantage of ERISA Safe Harbors: They can help penetrate the ERISA fog.

By Jerry Kalish on February 6, 2019

Attorneys would define a Safe Harbor as a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. In our ERISA world, a Safe Harbor is a provision of the retirement plan law that can cut through the sometimes fog of ERISA and provide fiduciary protection to plan sponsors and at the same time make their retirement plans more efficient and effective. Here is…

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“Compensation” for Sole Proprietors, Partners, and LLC Members…It’s complicated.

By Jerry Kalish on January 27, 2019

Compensation for employees is some variation of taxable wages reported on Form W-2. For allocation purposes, the employer or payroll provider downloads the census and compensation data based on the plan’s definition of compensation into a spreadsheet at the end of the year. It’s a little more complicated, of course, but let’s leave it at that for purposes of this post. But if you’re a sole proprietor, partner in a partnership, or member of an…

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When your SIMPLE-IRA no longer fits, maybe it’s time for a 401(k) plan…and November 2 is almost here

By Jerry Kalish on October 15, 2018

Kids can certainly outgrow their clothes, and so can employers with their retirement plans. A SIMPLE-IRA may have worked in the beginning, but if you want to change to a 401(k) plan in 2019, November 2 is the deadline to take action. Employers must provide notice to their employees by that date that 2018 will be the last year for the SIMPLE; and that it will be replaced by a 401(k) plan. Why change from…

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Playing the game of 401(k) audit roulette: the odds are getting shorter.

By Jerry Kalish on October 4, 2018

If you’re in the retirement plan business, you’ve heard the term “audit roulette”. It refers to the belief by some employers that the odds of their retirement plan getting audited by the IRS are in their favor. Well, those odds are getting worse. The IRS is taking technology to the next level using “data driven decisions”.…

The Retirement Plan Blog

Don’t procrastinate in setting up a Safe Harbor 401(k) plan for 2018: October 1 deadline almost here

By Jerry Kalish on September 14, 2018

The conventional wisdom is that you can wait until the end of the year to put a retirement plan in place since you can still get the tax benefits for the whole year. Maybe for some purposes, but not for setting up a Safe Harbor 401(k) plan. If you want to set up a new Safe Harbor 401(k) plan for 2018, it has to be done by October 1. What’s a Safe Harbor plan? It’s a special…

The Retirement Plan Blog

In the era of electronic enforcement, fidelity bond issues easily revealed on Form 5500

By Jerry Kalish on July 12, 2018

The July 31 due date (unless extended) to file Form 5500 for 2017 calendar year ERISA plans is creeping up on us. And if history be our guide, there will be many plan sponsors who don’t have a fidelity bond or one that is insufficient. It’s one of those check the boxes that can easily become a red flag for the Department of Labor (“DOL”) to take a closer look at the plan.…

The Retirement Plan Blog

Stress testing S corporations for Reasonable Compensation

By Jerry Kalish on April 12, 2018

S corporations will be one of the major beneficiaries of the new tax law, the Tax Cuts and Jobs Act (“TCJA”), which added a new provision to the Internal Revenue Code. Owners of certain pass-through organizations can receive a 20% deduction on taxable income. But it’s not all good for S corporations who could face increased scrutiny from the IRS. Here’s why.…

The Retirement Plan Blog

Helping get your retirement plan from where it is now to where it needs to be

Blog Authors

Retirement Funds and Business Startups: Do “ROBS” Work?

The elephant in the room for ERISA purposes could be that “other” company

Defined Benefit Plans Have Issues Too

Take Advantage of ERISA Safe Harbors: They can help penetrate the ERISA fog.

“Compensation” for Sole Proprietors, Partners, and LLC Members…It’s complicated.

When your SIMPLE-IRA no longer fits, maybe it’s time for a 401(k) plan…and November 2 is almost here

Playing the game of 401(k) audit roulette: the odds are getting shorter.

Don’t procrastinate in setting up a Safe Harbor 401(k) plan for 2018: October 1 deadline almost here

In the era of electronic enforcement, fidelity bond issues easily revealed on Form 5500

Stress testing S corporations for Reasonable Compensation

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