Maximum Pension Plan Contributions (Cash Balance Plan & SEP-IRA)

We are dealing with a QPSC (qualified professional service corporation) aka in the code as a PSC (personal service corporation). It is a one person (age 65) C Corporation with an individual marginal tax rate of ~50% combined federal/state. It maintains a SEP-IRA for its one employee. SEP-IRA contributions are maxed out to $59,000 ($53,000 + $6,000 catchup).

I know a corporation can have a defined benefit plan (e.g., cash balance plan) and a 401(k) plan for its employees. A 65 year old individual is allowed to contribute $245,045 to a cash balance plan in 2016. That same individual is allowed to contribute $24,000 ($18000 + $6000 catch-up) to a 401K (defined contribution plan). That comes to a total of $269,045 of sheltered income. It is my understanding (I could be wrong) that the

401K plan can have a profit sharing component that can take the total 401K contribution to $59,000 ($18,000 + $6000 + $35,000). That would make the total contribution for both plans $304,045 of sheltered income.

Can the corporation just keep the SEP-IRA with its $59K contribution or does it have to switch to a 401(k) with profit sharing?

Reply to
Alan
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SEP-IRA contributions are currently maxed out at $53,000, not $59,000.

Reply to
Alan

While I can't address most of your concerns, I believe a company with a SEP is prohibited from having any other plan covering the same employees.

Also a side note, a DC or DB plan must be adopted and minimally funded before the end of the year. The balance of the funding can happen between 1/1 and the due date of the return.

Reply to
bc

I asked the question because I also have "heard" that you can't have a SEP (a qualified employer plan) and another employer plan. My own research tells me that this is true if the SEP was created using IRS Form 5305-SEP. But... if the SEP was created using a prototype SEP document (e.g., some financial company's SEP document) then one is not precluded from having both a DB plan and the SEP. I just need someone to confirm this. The individual in question could rollover the SEP money into a 401(k) with profit sharing and also have a DB plan. We are just wondering whether we have to actually establish the 401(k) and rollover the money.

Lastly, any time I research combo plans for the PSC, they are always a Cash Balance plan and 401K.... never a CB and SEP.

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Reply to
Alan

I continue to research this and it turns out that using a combo plan (Cash balance = 401 K with profit sharing) has a limitation for a one person PSC. The CB plan is not subject to PBGC insurance and that limits the profit percentage to 6% of $265,000 maximum compensation. So the maximum dollars that can go into the 401K for some who has reached age

50 is $39,900 ($18K + $6K + $15.9K). This would be on top of the maximum CB plan contribution.

I still would like some confirmation that contributions can still be made to a SEP rather than a 401K as long as the SEP is not based on IRS Form 5305-SEP.

Reply to
Alan

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