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401(K)S

401(k)s are company-sponsored retirement plans that allow employees to set aside and invest a portion of their income before taxes. 401(k)s get their names from the section in the U.S. Tax Code that addresses the product.

Tax Treatment

Contributions into a 401k plan are made on a pre-tax basis. This means you do not pay federal income tax on the money deferred to the plan. This is a great way to save for retirement without significantly affecting your take-home pay. Plus, since contributions are pre-taxed, your current taxable income for the year is reduced.

Your contributions are also able to grow tax free while in your account. This is one of the major benefits of the 401k plan.

However, when the time comes to take money out of a 401(k), you must pay taxes on both the principal and the gains.

Contribution Limits

As of 2007, the maximum annual pre-tax contribution to a 401(k) plan is $15,500. This amount is adjusted for cost of living increases, which are applied in $500 increments.

If for any reason you contribute more than their maximum pre-tax limit, you must withdraw the excess amount by April 15 of the following year. If you do not make this correction in time, the excess amount is considered “non-qualified” and may be subject to taxation and penalties. 401(k) plans can also accept employer contributions. Companies make contributions to these plans as an incentive to get employees interested in saving for retirement. An employer’s match is subject to vesting, which means you may need to satisfy specific employment requirements before taking ownership of these funds.

The IRS has also imposed a total contribution—employee and employer—limit. The maximum amount is the lesser of 100 percent of compensation or $45,000.

Catch-Up Contribution Limits

Catch-up contributions were created as an option for those who haven’t saved enough for retirement. If you are over the age of 50, you can make catch up contributions as retirement draws near. The maximum contribution amount is $5000. For future years these limits may adjust in $500 increments to account for inflation.

Income Limits

There are no income limitations for participating in a 401(k).

Contribution Deadlines

Employer contributions must be made by the company’s tax-filing deadline.

Investment Choices

There is a wide array of investment choices to take advantage of depending on your plan provider, such as mutual funds, guaranteed interest vehicles, equities, bonds, and so on.

Early Withdrawal

Early withdrawals taken prior to the required age of 59 ½ are subject to taxation and an early-withdrawal penalty of 10 percent. The IRS allows early distributions for “hardships” that fall into these categories.

  • Purchase of a primary residence
  • To avoid foreclosure or eviction of a primary residence
  • Medical expenses not covered by employees insurance
  • Funeral expenses for parents, spouse, or dependants
  • Payment of secondary education expenses
  • Home repairs due to a deductible casualty loss

Another common form of early distribution from a 401(k) is the ability to take a loan against your plan that is to be repaid with after-tax funds at a pre-determined rate of interest. As long as the loan is paid in full, the loan will not be taxed or subject to the early-withdrawal penalty. General terms of these loans are that the loan be extended for no longer than five years, that a reasonable rate of interest is charged, and that equal payments over a quarterly basis are made over the life of the loan. If for any reason you default on the loan, the loan balance is taxed as a distribution and is penalized as an early distribution.

Distribution Requirements

Once you reach age 59 ½, they can begin to take normal distributions. It is at this time that the withdrawals are taxed as ordinary income. Minimum distributions are required if you are age 70 ½ and have yet to take distributions from the account. The distribution amounts are based on IRS time tables and other relevant factors.

Rollover Restrictions

When you terminate employment with a company, you are given the option to rollover your 401(k) into a new company’s plan or into a Traditional IRA. The most common decision is to roll the account into a Traditional IRA. IRA accounts offer more investment choices than 401(k) plans and are not subject to restrictions imposed by the company.

The most efficient method of a 401(k) rollover is a direct rollover. This is where the company directly transfers your retirement funds to your IRA provider or your new employers plan. By doing this it eliminates the chances of federal tax withholding or incurring any early distribution penalties.

Potential Penalties

The most common penalties are for early withdrawal or a failure to take a required minimum distribution. Early withdrawal results in a 10-percent penalty on the amount distributed along with normal taxation on the amount withdrawn as ordinary income.

The most severe penalty that the IRS applies is upon failure to make the required minimum distribution, which is equal to 50-percent of the amount that should have been withdrawn.

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