Katrina Emergency Tax Relief Act of 2005 and Gulf Opportunity Zone Act of 2005. Both Acts provide for tax-favored withdrawals, repayments, and loans from certain retirement plans for taxpayers who suffered economic losses as a result of Hurricane Katrina, Rita, or Wilma. See Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma, for more information.

Compensation limit. For 2005, the maximum compensation used for figuring contributions and benefits increases to $210,000. This amount increases to $220,000 in 2006.

Elective deferrals. The limit on elective deferrals increases to $14,000 for tax years beginning in 2005 and then increases to $15,000 in 2006. These new limits will apply for participants in SARSEPs, 401(k) plans (excluding SIMPLE plans), and deferred compensation plans of state or local governments and tax-exempt organizations. The $15,000 figure is subject to cost-of-living increases after 2006. Catch-up contributions. A plan can permit participants who are age 50 or over at the end of the calendar year to also make catch-up contributions. The catch-up contribution limit for 2005 is $4,000. This limit increases to $5,000 in 2006. The limit is subject to cost-of-living increases after 2006. The catch-up contribution a participant can make for a year cannot exceed the lesser of the following amounts.

SIMPLE plan salary reduction contributions. For 2005, the limit on salary reduction contributions to a SIMPLE plan increases to $10,000. The $10,000 figure is subject to adjustment after 2005 for cost-of-living increases. Catch-up contributions. A SIMPLE plan can permit participants who are age 50 or over at the end of the calendar year to make catch-up contributions. The catch-up contribution limit for 2005 is $2,000. This limit increases to $2,500 in 2006. The limit is subject to cost-of-living increases after 2006. The catch-up contributions a participant can make for a year cannot exceed the lesser of the following amounts.

Rollover distributions. Final Department of Labor regulations were issued implementing rules on fiduciary responsibilities relating to automatic rollovers of certain mandatory distributions to individual retirement plans. The final regulations apply to the rollover of mandatory distributions made on or after March 28, 2005. See Involuntary cash-out of benefits not more than dollar limit under Qualification Rules in Chapter 4.

Qualified Roth Contribution Program. For tax years beginning after December 31, 2005, your 401(k) plan may allow you to contribute to a qualified Roth contribution program. Under this program, you can designate all or a portion of your elective deferrals as after-tax Roth contributions. Elective deferrals designated as Roth contributions must be maintained in a separate Roth account. However, unlike other elective deferrals, designated Roth contributions are not excluded from your gross income but qualified distributions from a Roth account are excluded from your gross income. Elective deferrals. Under a Roth contribution program, the amount of elective deferrals that you may designate as a Roth contribution is limited to the maximum amount of your elective deferrals excludable from gross income for the year ($15,000 for 2006, $20,000 if age 50 or over) less the total amount of your elective deferrals not designated as a Roth contribution. Qualified distributions. A qualified distribution is a distribution that is made after the nonexclusion period and:

The nonexclusion period is the 5-tax-year period beginning with the earlier of the following tax years.

Rollovers. A distribution from your designated Roth account can only be rolled over to another designated Roth account of yours or a Roth IRA of yours. Rollover amounts do not apply toward the annual deferral limit.

Credit for startup costs. You may be able to claim a tax credit for part of the ordinary and necessary costs of starting a SEP, SIMPLE, or qualified plan. The credit equals 50% of the cost to set up and administer the plan and educate employees about the plan, up to a maximum of $500 per year for each of the first 3 years of the plan. You can choose to start claiming the credit in the tax year before the tax year in which the plan becomes effective. You must have had 100 or fewer employees who received at least $5,000 in compensation from you for the preceding year. At least one participant must be a non-highly compensated employee. The employees generally cannot be substantially the same employees for whom contributions were made or benefits accrued under a plan of any of the following employers in the 3-tax-year period immediately before the first year to which the credit applies.

The credit is part of the general business credit, which can be carried back or forward to other tax years if it cannot be used in the current year. However, the part of the general business credit attributable to the small employer pension plan startup cost credit cannot be carried back to a tax year beginning before January 1, 2002. You cannot deduct the part of the startup costs equal to the credit claimed for a tax year, but you can choose not to claim the allowable credit for a tax year. To take the credit, get Form 8881, Credit for Small Employer Pension Plan Startup Costs, and the instructions.

User fee. The user fee for requesting a determination letter does not apply to certain requests made by employers who have 100 or less employees, at least one of whom is a non-highly compensated employee participating in the plan. See User fee under Setting Up a Qualified Plan in chapter 4.

Retirement savings contributions credit. Retirement plan participants (including self-employed individuals) who make contributions to their plan may qualify for the retirement savings contributions credit. The amount of the credit is based on the contributions participants make and their credit rate. The maximum contribution eligible for the credit is $2,000. The credit rate can be as low as 10% or as high as 50%, depending on the participant's adjusted gross income. The credit also depends on the participant's filing status. Form 8880, Credit for Qualified Retirement Savings Contributions, and the instructions explain how to claim the credit.

Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

This publication discusses retirement plans you can set up and maintain for yourself and your employees. In this publication, “you” refers to the employer. See chapter 1 for the definition of the term employer and the definitions of other terms used in this publication. This publication covers the following types of retirement plans.

SEP, SIMPLE, and qualified plans offer you and your employees a tax-favored way to save for retirement. You can deduct contributions you make to the plan for your employees. If you are a sole proprietor, you can deduct contributions you make to the plan for yourself. You can also deduct trustees' fees if contributions to the plan do not cover them. Earnings on the contributions are generally tax free until you or your employees receive distributions from the plan.

Under certain plans, employees can have you contribute limited amounts of their before-tax pay to a plan. These amounts (and earnings on them) are generally tax free until your employees receive distributions from the plan.