Individual 401(k) vs. SEP-IRA For Self-Employed Individuals and Small-Business Owners

As a solo-practicing attorney seeking to hire an employee, I am quite upset with the tax laws and regulations regarding retirement accounts. If you are self-employed or own a small business, you likely share my frustration with the current tax laws and regulations surrounding retirement accounts such as Traditional IRAs, Roth IRAs, SEP-IRAs, Individual 401(k)s, and 401(k) Plans.

If you are an employee working for a company that offers a 401(k) Plan, it’s extremely easy to save for retirement. You simply enroll in your employer’s 401(k) Plan and can stash away $16,500 in tax-deferred income for retirement per year. But what are sole proprietors and small-business owners supposed to do if they want to take advantage of retirement accounts?

The first and easiest option for the sole proprietor or small-business owner is to open an IRA — Traditional IRA, Roth IRA, or both. However, you’ll be confined to a maximum $5,000 total contribution to both IRAs if you’re under 50-years-old and get a mere extra $1,000 contribution if you’re over the age of 50. You can’t even contribute $5,000 to both. If you want to fund a Traditional IRA and Roth IRA, your combined contributions cannot exceed $5,000.

There are also further regulations on how much you can contribute to a Roth IRA. If you are single and earn over $120,000, guess what, you cannot contribute to a Roth IRA because you make too much money. Fortunately, as long as you are not covered by an employer-sponsored retirement plan, you can still contribute $5,000 to your Traditional IRA.

You are probably thinking what can I do to save for retirement, take advantage of tax laws, and reduce my current tax burden if I am self-employed or a small-business owner? The plans that you’ll want to explore in more detail include Individual 401(k)s and SEP-IRAs. Like the 401(k), you can significantly reduce your current year taxable income by deferring the taxation my placing it into these retirement accounts. However, setting up and understanding these accounts does not come without headaches.

I am particularly in a rough spot because I have been a self-employed sole proprietor, but I am now thinking of hiring one single employee. An Individual 401(k) would be the perfect retirement vehicle for me if I could rule out the possibility of hiring an employee, but as soon as I hire a full-time employee, the simplicity of the Individual 401(k) goes out the window and I’ll have the burden of establishing a regular 401(k) Plan to offer to my employee.

If I hire a part-time employee who works less than 1,000 hours per year (slightly less than 20 hours per week), I am still eligible for an Individual 401(k), but as soon as I hire a full-time employee or a part-time employee who works over that 1,000 hour limitation, I am forced to offering them a regular 401(k) Plan.

What’s the alternative to the 401(k) for the small-business owner with one single employee? The alternative would be the SEP-IRA. An SEP-IRA can be setup regardless of whether or not you have employees and has similar tax-deferring benefits as the 401(k). The SEP-IRA has 401(k)-like advantages in that you can receive a substantial deduction for contributions made towards the plan. You can contribute up to $49,000 per year and defer the taxation of that income. The limit on your contribution is 20% of your net adjusted self-employment income, which is a fancy way of saying take your gross income, subtract your business expenses, and then half of your self-employment tax.

The SEP-IRA comes with a whole host of regulations. The SEP-IRA requires IRS Form 5305 stating the rules for who is an eligible employee. Essentially, if you have an employee who is over 21-years-old, earns over $450, and has worked for you in three of the last five years, the employee is entitled to contributions under the SEP-IRA. While contributions to the SEP-IRA are completely voluntary, if you have an eligible employee and make a contribution to your SEP-IRA, you must also contribute to your employee’s SEP-IRA proportionately. Further, all contributions to the SEP-IRA are made by the employer. An employee cannot make contributions to their SEP-IRA.

After we work through our options, if you are a small business owner with just one single employee and want to take advantage of retirement accounts, you’ll have to setup a 401(k) Plan or establish a SEP-IRA.

Why can’t Congress simply pass an Act that states that small-business owners with less than 50 employees that do not have a 401(k) Plan can contribute up to $16,500 to their IRA so they can receive the benefits of a 401(k) without having to go through the headache, hassle, and cost of setting up their own 401(k) Plan? Congress should do more to encourage small business owners to save more for retirement.

America’s Lost “Idea”

With our debt growing and our allies quickly dying off, I think we are heading in a direction that may be quite different than what we, as Americans are accustomed to. Pakistan is quickly siding with Russia and Iran and Palestine have Israel (our only real ally left) in their crosshairs. Tom Coburn, an Oklahoma republican, who was part of the “gang of six” (a bipartisan group of politicians who were attempting to sort out our budget deficit), has walked away from the so-called gang. Coburn says that they are not coming to a legitimate conclusion so he has to walk away from it. How can he just walk away? We have some extremely serious issues at hand and he is tired of it? This is the problem we have right now. It is not just democrats or republicans, it’s lazy politicians who have the liberty to just walk away or go on holiday when things get too tough.

With the 2012 elections right around the corner, many people are looking to the republican party to do something huge. However, with probable front runners Huckabee and Trump dropping out, it has me scratching my head. Now don’t take what I say out of context. I love my parents are grandparents very much but it is the baby boomer generation that has gotten us into this mess. Everyone wants to call our twenty-something generation incapable and lazy but I think that we have had enough of these “bipartisan” teams that get nothing done. In a time where most politicians are part of the baby boomer generation, things are the worst since the great depression. We need new politics. Young, passionate, men and women who have the best interest of their fellow Americans in mind.

Here is the point that I want to tie this all into. America has lost our “idea”. We have so many other major “ideas” such as sharia law (islamic law) or communism, fighting against us. Up until the 1970′s, Americans everywhere would fight for freedom, liberty and the pursuit of happiness. I feel as though, in a lot of cases, people feel like the work is done and we have reached our peek. I strongly disagree. Although I think that Americans protect nothing except for “things” nowadays (such as oil, houses, and property [which are somewhat necessary things]), we can revert back to a strong belief and faith in our ideals. America was built on ideals. Separation from England and self sustainment. We were an “idea” of freedom, and every capable man and woman played a role in protecting our liberty. I do believe that we can be that again but it takes time and work that our current politicians try to pawn off on the many government agencies underneath them. I just want people to understand how crucial this is. As I stated at the beginning of this article, we have so many large issues at hand. We do not have time to argue anymore. We keep telling ourselves that we have more time but we do not. If you are reading this, I hope that you will hear me and see what really is happening. We need to find our “idea” again and push back the infiltrating viewpoints that are trying to undermine our ideals.

Sarah Palin 2012 Political Cartoons

Will Sarah Palin run for the presidency in 2012? I sure hope not.

To borrow a line from Billy Madison: “Ms. Palin, what you’ve just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.”

Osama Bin Laden DEAD Political Cartoons

Osama Bin Laden is dead. Now to some political cartoons.

Ron Paul Responds To Ben Bernanke Press Conference

Ron Paul before the Ben Bernanke press conference on April 27, 2011.

Ron Paul’s reaction to Ben Bernanke’s speach.

No Business is Too Big to Fail

I apologize to anyone who has been following my column for not writing at all this past week. I have been quite busy with finals coming up next week.

My fiance Leah asked me yesterday where I see our nation and our personal lives in ten years. Let me start by saying that I am extraordinarily proud of being an American. I love this great nation and I could not imagine living anywhere else in this world. Our nation was founded by a group of men who loved our country and the idea of liberty even more. Our ancestors came to this land to escape the monarchy of Great Britain and live in a place where they could worship freely and thrive in a competitive and free market.

I am sick and tired of people in our own country saying that a socialistic society is a better economic plan than capitalism. As most people know, socialism and communism are similar but different, in that, socialism is an economic system, whereas communism is a political system. The more well-known communistic nations are: North Korea, Cuba, Russia, and China. Now, although countries like China (a free communistic society) seem to be well off and have everything they need taken care of, the normal wage of a working Chinese person is $10,000 per year. They live in the same colossal buildings that they work in. Their bedrooms are small, cramped, dorm-style rooms with four, maybe five family members in each.

Foxconn, a factory in China that manufactures Apple products such as iPhone’s, iPad’s, and iPod’s. The company itself employs 400,000 people. They are asked to sign an overtime agreement so that the managers can have their subordinates work obnoxiously long hours. By signing this agreement, the workers MUST work whatever hours the management makes them. In recent years, there has been nine suicide attempts and seven confirmed deaths. The workers make 900 Chinese Yuan ($130) per week. They cannot even afford the products that they themselves build. They are forced to stand for their entire shift and some of the workers admit that they would think about dropping something on the floor so that they could bend over and rest for a second to pick it back up. In fact, the workers are forbidden from friendships with one another for fear that they might unionize. These are the working conditions of the “most successful” communistic society in the world. Now I don’t know about anyone else but I would NOT like to live this way.

Everyone wants to blame the wealthy for our nations financial issues. However, capitalism thrives on competition and motivation. When one business fails, another will eventually rise from the ashes. When Henry Ford manufactured the first automobile, he put a man named William Durant, the leading manufacturer of horse drawn vehicles, out of business. Mr. Durant did not blame Henry Ford for his failure, nor did he beg our government for a bail out. William Durant went on to start a new company in Detroit, Michigan named GENERAL MOTORS! This is the same company that our government bailed out not even a few years ago. Some businesses fail while others expand. It is not always fair, but it works and it has for over three hundred years.

The point that I am trying to make is that when there is a reason to succeed, people will always strive to be the best. When companies become “too big to fail” it eliminates the motivation to be successful. The fear of failure drives business to the top, I believe. No company is too big to fail and when one does, inevitably fail, there will ALWAYS be an innovative and motivated business to take its place.

To be honest, I do not know where I see the United States of America in ten years from now. However, I do know that if we continue to stray from our capitalistic, free market, we could be destined to fail. I believe that we need to preserve our standards for success and always encourage innovation. Competition, and the fear of failure will continue to drive our economy and will continue to motivate people across the land. Anyone from anywhere can make something of themselves in this great nation and I do not ever want that to change.

- Joe Piperato

 

 

Why Eliminating Certain Tax Deductions Is A Terrible Idea

Tax Crucification Political CartoonOne of the Republican proposals on the table is to reduce the top tax rate to from 35% to 25%, and in return, eliminating certain tax deductions. Which tax deductions will be eliminated and which will stay has yet to be debated, but there is talk of completely overhauling the tax code.

If some ordinary business expenses get the boot or are limited as permissible deductions, I believe it would have a chilling effect on the economy. I highly doubt that the tax code would be amended to reflect a tax based on revenue with zero deductions rather than net income after deductions, but you never know what Washington is capable of. Washington wouldn’t be able to tax revenue since deductions for things such as the cost of goods sold and advertising are essential and without these deductions, businesses will be broke. However, what if deductions for things like business equipment are eliminated? To illustrate why this is such a bad idea, I’ll demonstrate the effect this would have on business spending and taxation.

Let’s assume that a software business in California that has 50 employees generated a net profit of $1 million. We’ll assume that they’re in the 35% tax bracket and taxed $350,000 on that $1 million leaving them with $650,000 of after-tax profit.

Now, come the end of the year, they’re likely celebrating their success and thinking of reinvesting those profits back into their business to expand and give them a competitive advantage. Perhaps they’re thinking of upgrading their office equipment.

Now let’s assume that the company has decided to upgrade all their employee’s office equipment such as computers, printers, and the like. The company wishes to spend $250,000 on upgrading their equipment.

Thanks to the new tax laws, rather than pro-rating their deduction over the period of the useful life of the equipment such as 5 years, the company can take a full deduction in the current tax year. This tax law was passed by Obama to encourage businesses to spend money.

Now the business can write off $250,000 for a net pre-tax profit of $750,000. Assuming they’re taxed at the a 33% level (just to arrive at some nice round numbers), this will generate $250,000 in tax income for the government, leaving the company’s after-tax profit of $500,000. Essentially, this company received $250,000 worth of equipment for a price of $150,000 thanks to the tax break.

We’ll assume that their computer equipment was purchased from HP and that all income was earned and reported in the United States. HP will now have earned $250,000 from this software company, which resulted in $87,500 of additional tax revenue for the IRS.

Now if the Republican plan to lower the tax rate to 25% while eliminating some deductions is passed, the company would have to pony up $250,00 in taxes regardless of whether or not they upgrade their company’s equipment.  If they do purchase the equipment and are taxed 25% without the deduction, they now have a net profit of $500,000 and are in the same position they were in if the tax rate was 35% and they took the deduction. However, without the deduction, now you’ve provided them in incentive not to purchase business equipment which would increase HP’s sales by $250,000 resulting in another $87,500 in tax revenue from HP.

To summarize, whether the tax rate is 35% with this particular deduction or 25% without this deduction, it basically has the same effect on tax revenue. However, you’ve eliminated any incentive for businesses to reinvest their profits in the business by purchasing equipment needed to expand if this particular deduction is eliminated, which in turn results in even less tax revenue. Assuming those profits are going to American companies, those earnings can then be taxed, ultimately producing even more revenue for the IRS.

Although the tax code needs some reform, I don’t believe a complete overhaul is necessary. Yeah, it’s complicated and convoluted, but it keeps CPAs in business and most of the tax deductions serve good public policy.

Facts About U.S. Debt Woes

Two interesting facts about the U.S.’s debt woes.

The following comes from the Wall Street Journal (April 2011):

Even if the top 1% of the U.S. earners were taxed at 100%, there would still be a deficit. Taxing the top 1% of the country 100% of their income would bring in $938 billion which isn’t enough to cover the $4 trillion annual budget and the $1.5 trillion annual deficit.

The U.S. has $2.7 trillion in currency and bank reserves to support an estimated $70 trillion in total borrowings, which include Treasury debt and other federal obligations, mortgages, and other consumer loans, and municipal and corporate bonds. By this measure, the U.S. is leveraged 26 to 1. Putting that in perspective, Lehman Brothers was levered about 31 to 1 before it imploded.

How To Make Money From Inflation

Make Money From InflationI first wrote about investing in gold in November 2008 when gold was trading at $735 per ounce.  It is now April 2011 and gold is now trading at $1,496 — over a 200% return. Silver has also been on a tear, rising from $9 per ounce in November 2008 to $42 per ounce in April 2011 — over a 400% return.

Silver lagged gold from November 2008 through August 2011 until silver broke out as investors saw an opportunity due to the “gold-to-silver ratio” which has historically been a 15:1 ratio meaning that if silver kept pace with the ratio, it should be trading around $150 per ounce.

However, we all know it doesn’t make sense to dive into precious metal investments after they’ve doubled and quadrupled in price. If you wanted to invest in gold and silver, the time to do that has passed because the risk vs. reward is much higher now. I would still suggest holding 5-10% of your portfolio in precious metals despite these giant moves. The gold bugs are still out there convinced that gold is going to $2,500 and silver is going to $100. I wouldn’t be surprised to see that, but it’s a late trade at this point to me.

I’ve though about increasing my exposure to gold lately, but it doesn’t make sense to me to invest in gold at these levels. Will gold go to $2,500? Perhaps, but a move back down to $1,350 or even $1,100 wouldn’t surprise me one bit, especially if there is a correction in the overall market. Gold and silver are very crowded trades. All it takes is one huge hedge fund to unwind this trade to shake individual investors out.

What are other ways to profit from inflation? Most poeple would think stocks. If inflation is tame, in the range of 2-4% per year, it wouldn’t be bad for stocks, but if inflation is over 6% per year, it would have a severe adverse affect on equity markets.

For those who want to place bets on rising inflation and feel that gold and silver are crowded trades, another way to play it is shorting treasuries. If interest rates rise, bond prices fall. The Fed has shown no signs of raising interest rates, but what will happen when QE2 ends on June 30, 2011, and the number one purchaser of treasuries is out of the market? Who is going to take over for the drop in demand? With less demand for treasuries, interest rates are sure to rise and demand is sure to fall.

The only thing that can keep interest rates this low in the U.S. is if The Fed announces QE3. My bet is that treasury yields rise over the next year now that The Fed will no longer be purchasing treasuries temporarily boosting demand to keep interest rates low.

You can make a play on rising interest rates with ProShares UltraShort 20+ Year Treasury ETF ($TBT). The TBT is the double inverse of the performance of Barclays Capital 20+ Year U.S. Treasury Bond Index (the Index). However, if the inflation fears are overblown, this one may take a beating.

The year-to-date return on the TBT is -1.5%, while the 6-month return is 8.67%, and the 1-year return is down a staggering 23.56% despite yields being exactly the same one year ago. In other words, the stock is very volatile to direction changes in rates since the ETF resets daily and is based on intraday moves of rates rather than an overall trend in interest rates. I would recommend looking at a yield chart of the 30-year treasury to put current rates into perspective.

Rates have been in a steady decline since the 1980s.  Here is a list of the approximate yields on the 30-year treasury through the last 30 years.

  • 1980 – 12%
  • 1985 – 12%
  • 1990 – 8%
  • 1995 – 8%
  • 2000 – 6%
  • 2005 – 4.5%
  • 2010 – 4.5%

30-year yields hit an all-time low in September 2010 when the yield hit 3.5%.  Since September 2010, yields bounced right back up to 4.5% — a 1% increase in the yield in 6 months. If you nailed this one via the TBT, you’ve seen a 17% return since rates have bottomed in the 30-year treasury.

With U.S. debt worries coming to the forefront with Standards and Poors downgrading the U.S. outlook to negative, I’m taking a bet that future interest rates are on the rise and I’m looking to purchase January 2012 TBT options to limit my downside risk if inflation fears are overblown.

Poor Decision Making; The New Good Decision Making

As I promised yesterday, I would like to get into President Obama’s speech from Wednesday afternoon. I wrote yesterday that Obama threw around a few, but not enough numbers in his fiscal policy address to the nation. As I pointed out, the President states that the $38 billion budget cuts will total $750 billion in savings over the next twelve years. Now from my understanding, the equation is simply $38 billion multiplied by twelve years. This equals only $456 billion, which is only sixty percent of the $750 billion total that President Obama promises. Also, he boldly stated that, by the end of this decade, the interest that we owe on our debt will be nearly $1 trillion. After looking into this statistic on Politifact.com, Obama is using 2019 or 2020 as “the end of the decade” instead of 2021 which is ten years from now. Obama’s numbers are anywhere from 13% to 29% off and the interest will fall well short of $1 trillion.

Our national debt has now exceeded fourteen trillion dollars. I cannot even comprehend that volume of money. Now, there is talk about the United States potentially defaulting on our loans. We need to pay back $2 trillion of the $14.3 trillion by the end of this year. If the Senate raises the debt ceiling, it will force us to borrow money from the same people we owe the money to. Also, the Senate rejected, on Thursday, an effort to cut funds for President Obama’s health care law. The vote was fifty-three to thirty-seven, which just so happens to be an uncompromising divide straight down the middle of Republicans and Democrats. However, Democrats and Republicans everywhere are boasting that we will not be able to come to a compromise and that the final decision will please absolutely no one.

Obama introduced his budget plan two months ago and is relying, heavily on a tiny group of democratic senators to transform his 2012 budget proposal into a long-term strategy to reduce our increasing debt. Now here is the issue. President Obama’s February budget plan will not only fail to stop our debt from increasing but it will allow for a $1.2 trillion deficit in 2012 alone. Even more upsetting is the $9.4 trillion additional debt over the next ten years. The President has recognized that his plan is significantly inadequate. The Congressional Budget Act requires him to submit a revised budget plan but he insists on spending his time invalidating Paul Ryan’s budget plan. Jeff Sessions, a member of the Senate Budget Committee was not pleased at all with our Presidents lazy budget proposal. “They have no intention of actually following through the speech with concrete proposals that Congress can evaluate,” Sessions says. ”The idea he’s proposing can’t be evaluated because it’s just talk.”

Today, Standard and Poor’s Rating Service told the American government that politics are interfering with achieving a legitimate budget compromise. They have lowered the outlook of U.S. sovereign debt from “stable” to “negative”. This is EXTREMELY scary. This is the next move toward a complete and total stock market crash and shift into hyperinflation. The rest of the world is losing confidence in our currency and they have been warning us for quite some time now to cut spending and start advancing toward a balanced budget. After S&P announced their decision, President Obama declared it “dirty politics”. What an absurd thing to say, especially considering that our President has been warned time and time again by economists to stop the spending and start cutting back. Like I stated in my last article, our commander in chief loves bipartisan politics, as long as the final resolution pleases his voters and party members.

Finally, oil prices have soared to an all time high and Saudi Arabia has announced that they are cutting back on production. I believe that this is in part due to their lack of confidence in our financial institutions. It will soon come to the point of drilling on our own soil. Our nation uses oil. It is a necessary part of life considering renewable energy only makes up seven percent of our nations total energy supply.

Unfortunately, I am not able to get to the union issue today. However, I will be discussing unions and high labor costs tomorrow. Thank you for reading.

-Joe Piperato