Form 5305-Simple - Savings Incentive Match Plan For Employees Of Small Employers (Simple) - For Use With A Designated Financial Institution Page 5

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5
Form 5305-SIMPLE (Rev. 3-2012)
Page
Additional Information
Matching Contributions
applicable amount for any calendar year.
The applicable amount is $11,500 for
In general, you must contribute a
2012. After 2012, the $11,500 amount
Timing of Salary Reduction
matching contribution to each eligible
may be increased for cost-of-living
Contributions
employee’s SIMPLE IRA equal to the
adjustments. In the case of an eligible
employee’s salary reduction
employee who is 50 or older by the end
The employer must make the salary
contributions. This matching contribution
of the calendar year, the above limitation
reduction contributions to the
cannot exceed 3% of the employee’s
is increased by $2,500 for 2012. After
designated financial institution for the
compensation. See Definition of
2012, the $2,500 amount may be
SIMPLE IRAs of all eligible employees
Compensation later.
increased for cost-of-living adjustments.
no later than the 30th day of the month
You may reduce this 3% limit to a
following the month in which the
Timing of Salary Reduction
lower percentage, but not lower than
amounts would otherwise have been
Elections
1%. You cannot lower the 3% limit for
payable to the employee in cash.
more than 2 calendar years out of the
For a calendar year, an eligible employee
The Department of Labor has
5-year period ending with the calendar
may make or modify a salary reduction
indicated that most SIMPLE IRA plans
year the reduction is effective.
election during the 60-day period
are also subject to Title I of the
immediately preceding January 1 of that
Note. If any year in the 5-year period
Employee Retirement Income Security
year. However, for the year in which the
described above is a year before you
Act of 1974 (ERISA). Under Department
employee becomes eligible to make
first established any SIMPLE IRA plan,
of Labor regulations, at 29 CFR
salary reduction contributions, the period
you will be treated as making a 3%
2510.3-102, salary reduction
during which the employee may make or
matching contribution for that year for
contributions must be made to the
modify the election is a 60-day period
purposes of determining when you may
SIMPLE IRA at the designated financial
that includes either the date the
reduce the employer matching
institution as of the earliest date on
employee becomes eligible or the day
contribution.
which those contributions can
before.
reasonably be segregated from the
To elect this option, you must notify
employer’s general assets, but in no
You can extend the 60-day election
the employees of the reduced limit within
event later than the 30-day deadline
periods to provide additional
a reasonable period of time before the
described previously.
opportunities for eligible employees to
applicable 60-day election periods for
make or modify salary reduction
the year. See Timing of Salary Reduction
Definition of Compensation
elections using the blank in Article II,
Elections earlier.
item 2b. For example, you can provide
“Compensation” means the amount
Nonelective Contributions
that eligible employees may make new
described in section 6051(a)(3) (wages,
salary reduction elections or modify prior
Instead of making a matching
tips, and other compensation from the
elections for any calendar quarter during
contribution, you may, for any year,
employer subject to federal income tax
the 30 days before that quarter.
make a nonelective contribution equal to
withholding under section 3401(a)), and
2% of compensation for each eligible
amounts paid for domestic service in a
You may use the Model Salary
employee who has at least $5,000 in
private home, local college club, or local
Reduction Agreement on page 3 to
compensation for the year. Nonelective
chapter of a college fraternity or sorority.
enable eligible employees to make or
contributions may not be based on more
Usually, this is the amount shown in box
modify salary reduction elections.
than $250,000* of compensation.
1 of Form W-2, Wage and Tax
Employees must be permitted to
Statement. For further information, see
To elect to make nonelective
terminate their salary reduction elections
Pub. 15, Circular E, Employer’s Tax
contributions, you must notify employees
at any time. They may resume salary
Guide. Compensation also includes the
within a reasonable period of time before
reduction contributions for the year if
salary reduction contributions made
the applicable 60-day election periods
permitted under Article II, item 2b.
under this plan, and, if applicable,
for such year. See Timing of Salary
However, by checking the box in Article
compensation deferred under a section
Reduction Elections earlier.
II, item 2d, you may prohibit an
457 plan. In determining an employee’s
employee who terminates a salary
Note. Insert “$5,000” in Article III, item
compensation for prior years, the
reduction election outside the normal
2b(i) to impose the $5,000 compensation
employee’s elective deferrals under a
election cycle from resuming salary
requirement. You may expand the group
section 401(k) plan, a SARSEP, or a
reduction contributions during the
of employees who are eligible for
section 403(b) annuity contract are also
remainder of the calendar year.
nonelective contributions by inserting a
included in the employee’s
compensation amount lower than
compensation.
Contributions (Article III)
$5,000.
For self-employed individuals,
Only contributions described below may
Effective Date (Article VII)
compensation means the net earnings
be made to this SIMPLE IRA plan. No
from self-employment determined under
additional contributions may be made.
Insert in Article VII the date you want the
section 1402(a), without regard to
provisions of the SIMPLE IRA plan to
Salary Reduction Contributions
section 1402(c)(6), prior to subtracting
become effective. You must insert
any contributions made pursuant to this
As indicated in Article III, item 1, salary
January 1 of the applicable year unless
SIMPLE IRA plan on behalf of the
reduction contributions consist of the
this is the first year for which you are
individual.
amount by which the employee agrees
adopting any SIMPLE IRA plan. If this is
to reduce his or her compensation. You
the first year for which you are adopting
must contribute the salary reduction
a SIMPLE IRA plan, you may insert any
contributions to the designated financial
date between January 1 and October 1,
institution for the employee’s SIMPLE
inclusive of the applicable year.
IRA.
*
This is the amount for 2012. For later years, the limit may be increased for cost-of-living adjustments. The IRS announces the increase, if any, in a news release, in
the Internal Revenue Bulletin, and on the IRS’s website at IRS.gov.

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