SBO-k Plan Quick Reference Guide : 2012 Plan Year
Any employer, providing only the business owner/s is/are eligible to participate in the plan. Spouses of owners ,and partners in a partnership are considered ‘owners’
Can exclude employees under age 21
Must include employees who have performed at least one year of service. Ayear of service can be defined as up to 1,000 hours of service during a 12-month period.
Salary deferral allowed
Yes. Up to $17,000 + catch-up of $5,500
Maximum contributions allowed
Lesser of 100% of employee’s compensation or $50,000+ catch-up
25% ofeligible compensation
Limitation on Compensation
Compensation cap of $250,000 applies
Vesting of Contributions
100% immediate vesting
Deadline to Establish Plan
Last day of the employer’s taxable year with respect to which a contribution is made
Deadline for making/
( see end notes for salary deferral contributions)
Salary deferrals- as soon as such contributions can reasonably be segregated from the employer’s general assets[i].
Employer contributions –by the employer’s tax filing deadline, including extensions
Yes. But only if assets exceed $250,000
This is really a traditional 401(k) plan, branded with a different name. Because no testing is required, paperwork is trimmed/reduced, to excludeoptions that don’t apply to owner-only plans
Ideally suited for …
Business owners where the only eligible employees are the business owners, and their spouses. Business owner must either have no non-owner (common-law) employees, or all common-law employees who are under age 21and/or work less than 1,000 hours each year…of course, the business owner must be at least age 21 and work at least 1,000 hours or they too would be ineligible if those requirements are chosen
[i] No later than the 15th business day of the month, following the month to which the deferral applies. The 15th business day is the latest deadline, and applies only if the assets cannot be segregated sooner. Plans with fewer than 100 participants as of the beginning of the plan year, may remit salary deferrals within 7 business days after the date the amount is received or withheld.