Age-Weighted Profit-Sharing Plans: Elder Shelter

(June 2008)



If you run a small company or professional practice and you're considerably older than your employees, an age-weighted profit-sharing plan may be appealing. Most of the contributions can go into your own retirement account and the accounts of co-owners who are starting to show a few gray hairs.

Generic profit-sharing plans
In a standard profit-sharing plan, the company will contribute a certain percentage of pay to participating employees' accounts within the plan. That percentage can vary each year, from 0%-25% of pay, regardless of the company's profitability. Each employee gets the same percentage of pay. Contributions are tax deductible for the company.

Example #1: Connie Simmons is the sole owner of DEF Co., earning $100,000 a year. She decides to make 25% profit-sharing contributions for all employees. Thus, Connie's account gets $25,000, while a salesman earning $60,000 gets a $15,000 contribution, and a secretary earning $40,000 gets a $10,000 contribution. The maximum contribution for 2008 is $46,000, per the IRS. If a profit-sharing plan also includes a 401(k), participants 50 and older will be able to make a $5,000 catch-up contribution in 2008, bringing their maximum to $51,000.

Cost control
From a business owner's perspective, a standard profit-sharing plan may be expensive. To bring the owner's contribution up to the $46,000 maximum, the company might have to contribute 20%-25% of pay for each employee. To cut costs while maximizing your personal contribution, consider an age-weighted profit-sharing plan. The older you are, compared with the company's other workers, the more you can tilt such a plan in your favor.

Depending on the makeup of the company workforce, a 50-year-old business owner might get 20% of pay contributed to his account while a 25-year-old assistant gets only 3% of pay. The IRS may allow this difference because the assistant's contribution has 25 more years to grow, untaxed. Thus, the disparate contributions might be deemed appropriate.

The weighting game
In a simple scenario, an age-weighted plan may work well for business owners. That's not always true, however.

Example #2: GHI Co. has four owners, ranging in age from the upper 30s to the low 50s. With a straight age-weighted plan, a larger contribution will go to the oldest owner, which might displease the youngest one. An age-weighted plan also may prove to be impractical if a lower-wage employee is older than the business owners. That employee might be entitled to a large profit-sharing contribution, as a percentage of pay.

In such situations, a specific type of age-weighted plan might be more appealing. In a "new comparability" or "cross-tested" plan, the age weighting is done by groups of employees, not by individuals. Profit-sharing contributions are determined by the average age within the group. Thus, if the average age of the owner group (which might consist of only one person) is greater than the average age of other employees, contributions can be tilted toward the owners. Often, 90% or more of the company's contributions can go to the owners and other key employees, who receive maximum or near-maximum contributions while relatively little goes to the rank-and-file.

Proceed with caution
Age-weighted profit-sharing plans - especially new comparability plans - can require steep setup and administrative costs. IRS rules in this area can be complex. Our office can help you put together a plan that will stand up to scrutiny. You also should be aware that such plans can be detrimental to morale if young workers feel their retirement plan contributions are too low. Nevertheless, if amassing a large retirement fund for your own use is a key goal, an age-weighted profit-sharing plan may suit your purposes.


 

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