Case Study Profile

Business Type:

College Professor (Independent Contractor/Self-employed Individual)

Business Entity:  

Sole Proprietor or LLC taxed as Sole Proprietor

Owner's Income: 

$50,000 net Schedule C earned income prior to deduction for plan contribution

Owner's Age:

50

Marital Status:  

Single

Employees:   

None

Plan Objective:  

Maximize tax deductible contribution to provide maximum retirement benefit

Comments:

The professor would like to shelter a portion of the earned income received from text book royalties.

$15,940 more than the SIMPLE; $22,000

more than the SEP or Keogh in 2011!

The Mini(k) permits the independent contractor to save more on an after-tax basis than the SIMPLE,  SEP or so-called "Keogh" Plan.  Compared to the SIMPLE Plan, this saves an additional $3,985 in taxes (assumes 25% tax bracket); compared to the SEP, this saves an additional $5,500 in taxes (assumes 25% tax bracket). But that's not all, look at the difference in benefit you gain by selecting the Mini(k) over a conventional plan.

The Mini(k) provides $1,003,258 at age 65; $496,948 more than the SIMPLE and $721,438 more than the SEP or Keogh!

What's the catch?  Just one, in reality the Mini(k)Plan is a Profit Sharing Plan with a 401(k) feature.  This means that the Mini(k) is a qualified retirement plan subject to numerous government compliance requirements.  If you don't comply with these requirements, you can lose the benefits gained by choosing this plan type over a SEP or a SIMPLE.  Here's a chart that illustrates just some of the compliance requirements and features for these different plan types.

Compliance Requirements and Plan Features

SEP SIMPLE Mini(k)Plan

Formal Plan Document

No

No

Yes

Trust Reconciliation

No

No, for SIMPLE IRA

Yes, for SIMPLE 401(k)

Yes

Annual Filing

No

No, for SIMPLE IRA

Yes, for SIMPLE 401(k)

Yes*

Rollovers from other Plans and IRAs 

Yes

Another SIMPLE only

Yes

Loans Permitted

No

No

Yes

Advantage to add Spouse

No

Yes

Yes

Updates Required by Law

No

No

Yes

Establish New Plan By

Due date of

return or any extension

October 1 unless

new employer

December 31

Must fund Employee Contribution by

Not

 Applicable

Corporation: Earliest date employer can transmit contributions.

Sole Prop/Partner: by due date or extension.

Corporation: Earliest date employer can transmit contributions.

Sole Prop/Partner: by due date or extension.

Must fund Employer Contribution by

Due date of

return or any extension

Corporation: by due date of return or extension.

Sole Prop/Partner: by due date or extension.

Corporation: by due date of return or extension.

Sole Prop/Partner: by due date or extension

*Recommended but not required until assets exceed $250,000

This chart illustrates basic requirements only.  All plans shown may be selected for audit by the government; all require timely and accurate completion of forms and other related documents when established and ongoing.  Chart is intended as a resource only; consult a professional before implementing any plan.

View comprehensive chart for these plan types: "Compliance Requirements and Limits"

View comprehensive chart for these plan types: "Available Benefits and Features"

Closing Comments

A SEP or SIMPLE plan is traditionally the appropriate plan type for an independent contractor (self-employed individual).  These plan types do not require formal plan documents or governmental reporting and disclosure and the additional cost for professional services typically associated with these requirements. The Mini(k) is a qualified retirement plan (Profit Sharing Plan with a 401(k) feature) requiring a formal plan document and governmental reporting and disclosure. 

Bottom Line:  The associated cost to establish and maintain the Mini(k) is justified based on the additional taxes you save and the dramatic increase in benefits at retirement.

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We intend the information provided as a general resource, not as formal investment or retirement planning advice or counsel. If you consider any actions discussed in this analysis, we suggest that you consult a qualified planning professional. ERISA Expertise LLC does not warrant and is not responsible for any errors and omissions from this information. Any tax advice included in this written or electronic communication is not intended or written to be used, and it cannot be used, by the taxpayer for the purpose of avoiding any penalties that may be imposed on the taxpayer by any governmental taxing authority or agency.