412(i) Retirement Plans

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 IRS Guidance on 412(i) Plans

On February 13th. 2004 the IRS issued guidance on 412i plans. 412i plans are still viable retirement plans for those that intend to use them properly. The IRS issued the guidance in an attempt to address plans that they viewed were abusive and not following guidelines that have been in place for decades. 

The IRS has no problem with 412i plans as long as the conform to the guidelines and rules in place. 

IRS revenue rulings 2004-20, 2004-21 and IRS Revenue Procedure 2004-16 specifically deal with plans that exceed the incidental rules for insurance purchase, plans that are considered discriminatory and interim rules for the valuation of life insurance until the regulations are finalized.

412(i) Defined Benefit Plans

The tax law changes of EGTRRA 2001 equate to significantly higher tax deductible contributions that would otherwise be available with a 401(k) or SEP plan where the maximum contribution is $40,000.00. The higher permissible contributions  have resulted in significant numbers of high income professionals and business owners making 412(i) plans their first choice for qualified retirement plans.

Who are ideal prospects for implementing a 412(i) Defined Benefit Plan ??

  • 412(i) defined benefit plans are ideally best suited for high income professionals, sole proprietors, partnerships, S and C corporations.

  • Business owners typically 40 or older with employees fewer than ten.

  • Businesses with stable and consistently high income.

412(i) Defined Benefit Plan Advantages are:

  • Creates substantially higher deductions than traditional retirement plans.
  • 412(i) defined benefit plans guarantee retirement income without having to worry about market volatility and fluctuations.
  • The ability to pay for life insurance with pre-tax dollars and the ability to protect it from creditors.
  • Simple plan administration--An enrolled actuary is not required to set up the plan.
  • Retirement benefits are  fully guaranteed by the insurance company that has issued the life or annuity contract.
  •  

 412(i) Plan Funding

At the inception of the 412(i) plan the specific amount needed to guarantee the retirement income stream is determined by age and the number of years to fund the plan. The cash values of an annuity or life insurance contract are used to accumulate retirement funds. A combination of both may be used for additional flexibility.

The benefits provided by the 412(i) plan must be equal to the guaranteed cash values of the annuity or life insurance contract so that the IRS will not determine the plan to be noncompliant. Loans during the lifetime of the plan are not permissible and any excess life insurance dividends or annuity interest must be applied to the following years plan contribution.

Retirement planning for highly compensated individuals has become far easier today with the cost effectiveness and simplicity associated with implementing a 412(i) plan. Consider using a 412(i) plan in the future if you meet the above criteria and are primarily interested in a qualified plan  that provides maximum tax deductible contributions, protection against market volatility and a guaranteed retirement income.

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