Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 35

Tax Rates Will Be Lower at Retirement The fourth reality is that the taxes imposed when you withdraw from your retirement account will be at a much lower rate, for three reasons. First, payroll taxes and investment surtaxes don’t apply to retirement income. Investing through a qualified plan washed them out. Secondly, a portion of your income at retirement isn’t taxed at all, because of exemptions and the standard deduction. Thirdly, taxes on income in excess of your exemptions and deductions are imposed at low 10% and 15% rates until total income reaches $96,500 (at 2014 tax rates). A married couple at age sixty-five using the standard deduction in 2014 pays no taxes on their first $22,700 of income. Even if they earn $100,000 per year, they still pay no taxes on the first $22,700. The tax on their income in excess of $22,700 is taxed at 10% on the next $18,150. Their federal tax rate on the next $55,650 is only 15%. They would not hit the 25% tax rate until their income exceeds $96,500, at today’s indexed tax rates. The point is that with a retirement plan you avoid state and federal income taxes at combined rates of 32%, 35%, and 48%, plus payroll taxes at 15.3% (or more with single-payer), and take it out at federal and state combined rates of 12.65%, or less, since the standard deduction, exemption, and tax rates are indexed. Once upon a time, long ago, when tax aficionados like Wilbur Mills and Dan Rostenkowski roamed the House of Representatives, tax policy or retirement policy had a rational basis. Today, there is no such thing as tax policy or retirement policy. Internal Revenue Code changes are revenue measures with no greater good being taken into account. In this uncertain atmosphere the wisest planning is to take advantage of tax deductible plan funding while it lasts. The current retirement plan funding rules are highly advantageous. Don’t wait until the next budget compromise limits your ability to significantly fund a qualified plan. Funding Objectives and Employee Cost There are a number of options in choosing the best retirement plan for your situation. If you have no employees or you are willing to fund heavily for your employees, first consider a Simplified Employee Pension Plan (SEP). Your broker or a mutual fund can help you set one up. Contributions are invested in individual IRAs and your only administrative cost is what you pay your accountant to calculate the fundwww.vtbar.org ing. The downside is that the same percentage of pay must be funded for employees and employers alike in a SEP, and all funding comes out of the employers’ pockets. If you have more than one employee, that can be fairly expensive. If your largesse to your employees has limits, but you are willing to commit to funding a certain amount for them, you need a profit sharing plan, or a 401(k) plan. A 401(k) plan is a type of profit sharing plan that permits participants to make individual, pre(income)-tax, deferrals. 401(k) plans are popular with columnists, but they are hardly a panacea. The percentage of income deferred by the employer/owner is limited by the average percentage that his employees defer. 401(k) deferrals are subject to payroll taxes, which takes away some of the pre-tax advantage. If it is our destiny to have single-payer health care, deferrals will be subject to a single-payer payroll tax as well. In a profit sharing plan employee cost is a function of plan design. What you have to fund for your employees is determined by the sophistication of your plan document and the knowledge of the persons implementing your plan. An actuary or ERISA attorney, for example, will know much more about how to design a plan to keep employee cost in line than someone whose primary expertise is investments. A rough rule of thumb concerning employee cost is that you need to be prepared to fund at least 3% of pay for eligible employees. If you are not willing to fund that percentage, qualified plans are not for you. If you want to maximize your funding of a profit sharing plan, such as funding the current limit of $52,000 per year for yourself, be prepared for a staff cost in the neighborhood of 5% of pay, which is achievable in a well-designed profit sharing plan. Finally, if you can afford to really sock it away for yourself, in the range of $100,000-$250,000 per year, anticipate a staff cost of approximately 8½%, in a well- designed pension and profit sharing plan combination. More to Come Under IRS compliance rules every existing profit sharing plan needs to be amended and restated between now and April 30, 2016. If you currently sponsor a plan, don’t simply accept what a mutual fund or investment platform sends you to sign. Even in a standardized document there are choices, and their impact will be financially significant. The document you sign should reflect what you want to fund for yourself, and what you are willing to fund for your employees. In our next article we will review the choices that are available to you in almost every plan document, and the choices that could be available in the right plan document. Please wait for our article in the fall issue before updating your document. You’ll be glad you did. Finally, we will be speaking at the annual bar meeting in September about the tax advantages of corporations over LLCs (discussed in the spring issue of the Journal) and how that affects the design of a qualified plan. We will provide more detailed information at that time, with examples and calculations. Please join us then. We believe that Vermont attorneys pay far too much in taxes, and we intend to do something about it. ____________________ John H.W. Cole, Esq., practices as a C corporation in South Burlington, VT, and concentrates his practice in the areas of tax planning, design of qualified retirement plans, plan administration, and QDROs. Mark E. Melendy, Esq., is a member of Melendy Moritz PLLC, with offices in Hanover, NH, Burlington, VT and Woodstock, VT, where he concentrates his practice in the a ɕ