Form 5305a-Sep - Salary Reduction Simplified Employee Pension - Individual Retirement Accounts Contribution Agreement Page 7

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7
Form 5305A-SEP (Rev. 6-2006)
Page
disclosure statement that contains the
these contributions) attributable to elective
a 10% tax on early distributions if you are not
deferrals made during the year until March 15
following information in plain, nontechnical
59
1
years of age when you withdraw it.
2
of the following year or, if sooner, at the time
language:
Report the tax in Part I of Form 5329. Also
your employer notifies you that the deferral per-
see Pub. 590.
1. The law that relates to your IRA.
centage limitation test (discussed under Annual
If you have both excess elective deferrals
2. The tax consequences of various options
Limitation on page 6) has been completed for
and excess SEP contributions, the amount
concerning your IRA.
that year. In general, any transfer or distribution
of excess elective deferrals that you withdraw
3. Participation eligibility rules, and rules on
made before this time is includible in your gross
by April 15 will reduce any excess SEP
the deductibility of retirement savings.
contributions that must be withdrawn for the
income and may also be subject to a 10% tax
corresponding calendar year.
on early distribution. Report this tax in Part I of
4. Situations and procedures for revoking
your IRA, including the name, address, and
Form 5329. You may, however, remove excess
Disallowed Deferrals
telephone number of the person designated
elective deferrals from your SEP-IRA before this
to receive notice of revocation. (This
time but you may not roll over or transfer these
You are not required to make elective
information must be clearly displayed at the
deferrals to a SEP-IRA. However, if more than
deferrals to another IRA.
beginning of the disclosure statement.)
50% of your employer’s eligible employees
If the restrictions above do not apply, you
choose not to make elective deferrals in a
5. A discussion of the penalties that may
may withdraw funds from your SEP-IRA and
calendar year, then no employee may
be assessed because of prohibited activities
no more than 60 days later place those funds
participate for that calendar year. If you make
concerning the IRA.
in the same or another IRA, but not in a
elective deferrals during a year in which this
SIMPLE IRA. This is called a “rollover” and
6. Financial disclosure that provides the
happens, then your deferrals for that year will
can be done without penalty only once in any
following information.
be “disallowed,” and the deferrals will be
1-year period. However, there are no
treated as ordinary IRA contributions (which
a. Projects value growth rates of the IRA
restrictions on the number of times that you
may be excess IRA contributions) rather than
under various contribution and retirement
may make “transfers” if you arrange to have
SEP-IRA contributions.
schedules, or describes the method of
these funds transferred between the trustees
Disallowed deferrals and any income the
computing and allocating annual earnings and
or the custodians so that you never have
deferrals have earned may be withdrawn,
charges that may be assessed.
possession of the funds.
without penalty until April 15 following the
b. Describes whether, and for what period,
You may not, however, roll over or transfer
calendar year in which you are notified of the
excess elective deferrals, excess SEP
the growth projections are guaranteed, or a
disallowed deferrals. Amounts left in the IRA
contributions, or disallowed deferrals from
statement of earnings rate and the terms on
after that date will be subject to the same
your SEP-IRA to another IRA. These amounts
which these projections are based.
penalties discussed in Excess SEP
may be reduced only by a distribution to you.
c. States the sales commission to be
Contributions above.
charged in each year expressed as a
Employer To Provide Information on
Income Allocable To Excess
percentage of $1,000.
SEP-IRAs and Form 5305A-SEP
Amounts
In addition, the financial institution must
provide you with a financial statement each
Your employer must give you a copy of the
The rules for determining and allocating
year. You may want to keep these statements
following information:
income to excess elective deferrals, excess
to evaluate your IRA’s investment
SEP contributions, and disallowed deferrals
1. A copy of a completed Form
performance and to report IRA distributions
are the same as those governing regular IRA
5305A-SEP, the Model Salary Reduction SEP
for tax purposes.
contributions. The trustee or custodian of
Deferral Form (used to defer amounts to the
your SEP-IRA will inform you of the income
SEP), and, if applicable, a copy of the Notice
allocable to these amounts.
of Excess SEP Contributions. Your employer
Paperwork Reduction Act Notice. You are
should also provide you with a statement of
Additional Top-Heavy Contributions
not required to provide the information
any contributions made during the calendar
requested on a form that is subject to the
year to your SEP-IRA. Highly compensated
If you are not a key employee, your employer
Paperwork Reduction Act unless the form
must make an additional contribution to your
employees must also be notified at the time
displays a valid OMB control number. Books
SEP-IRA for a year in which the SEP is
the deferral percentage limitation test is
or records relating to a form or its instructions
considered “top heavy.” (Your employer can
completed.
must be retained as long as their contents
tell you if you are a key employee. Also, see
2. A statement that traditional IRAs other
may become material in the administration of
Top-Heavy Requirements on page 4 for the
than SEP-IRAs receiving contributions under
any Internal Revenue law. Generally, tax
definition of a key employee.) This additional
this SEP may have different rates of return
returns and return information are
contribution will not exceed 3% of your
confidential, as required by section 6103.
and different terms (for example, transfers
compensation. It may be less if your employer
and withdrawals from the IRAs).
has already made a contribution to your
The time needed to complete this form will
SEP-IRA, and for certain other reasons.
vary depending on individual circumstances.
3. A statement that the administrator of an
The estimated average time is:
amended SEP must furnish to each
IRA Contribution for SEP
participant within 30 days of the amendment,
Recordkeeping
4 hr., 29 min.
a copy of the amendment and an explanation
Participants
Learning about the
of its effects.
law or the form
5 hr., 1 min.
In addition to any SEP amounts, you may
4. A statement that the administrator must
make regular IRA contributions to an IRA.
Preparing the form
58 min.
notify each participant in writing of any
However, the amount of your contribution that
employer contributions to the SEP-IRA. The
If you have comments concerning the
you may deduct on your income tax return is
notification must be made by the later of
accuracy of these time estimates or
subject to various income limits. See Form
January 31 following the year of the
suggestions for making this form simpler, we
8606. Also, you may want to see Pub. 590.
contribution or 30 days after the contribution
would be happy to hear from you. You can
is made.
write to the Internal Revenue Service, Tax
SEP-IRA Amounts—Rollover or
Products Coordinating Committee,
Financial Institution Requirements
Transfer To Another IRA
SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave.
NW, IR-6406, Washington, DC 20224. Do not
The financial institution where your IRA is
If you are a highly compensated employee,
send this form to this address. Instead, keep
maintained must provide you with a
you may not withdraw or transfer from your
it for your records.
SEP-IRA any SEP contributions (or income on

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