Publication 560 - Introductory Material
                           
                         
                      
                      
                   
                  
This is archived information that pertains only to the 2006 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
                  
                     
                     Qualified Reservist Distributions. The additional 10% tax on early distributions does not apply to a qualified reservist distribution. A qualified reservist
                        distribution is a
                        distribution from an IRA or an elective deferral account made after September 11, 2001, to a military reservist or a member
                        of the National Guard who
                        has been called to active duty for at least 180 days or for an indefinite period. All or part of a qualified reservist distribution
                        can be
                        recontributed to an IRA.
                        
                     
                     Qualified Roth contribution program. For tax years beginning after December 31, 2005, your 401(k) plan may allow an employee to contribute to a qualified Roth
                        contribution program.
                        Under this program, an employee can designate all or a portion of his or her elective deferrals as after-tax Roth contributions.
                        
                     
                     Compensation limit. For 2006, the maximum compensation used for figuring contributions and benefits increases to $220,000. This amount increases
                        to $225,000 in 2007.
                        
                     
                     Elective deferrals. The limit on elective deferrals increases to $15,000 for tax years beginning in 2006 and then increases to $15,500 in 2007.
                        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 $15,500 figure is subject to cost-of-living increases after 2007.
                        
                     
                     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 2006 and 2007 is $5,000. The limit is subject to cost-of-living increases after 2007. The catch-up
                           contributions a participant
                           can make for a year cannot exceed the lesser of the following amounts.
                           
                        
                        
                        
                           
                        
                     SIMPLE plan salary reduction contributions. The $10,000 limit on salary reduction contributions remains the same for 2006. This limit increases to $10,500 in 2007.
                        
                     
                     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 2006 and 2007 is $2,500. 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.
                        
                     
                     
                     
                        
                     
                   
                  
                     
                     Rollovers by nonspouse beneficiaries.  For distributions after December 31, 2006, nonspouse designated beneficiaries may be able to make direct trustee-to-trustee
                        transfers from
                        eligible retirement plans of deceased employees to their own IRAs. The transfer will be treated as an eligible rollover distribution
                        and the receiving
                        IRA will be treated as an inherited IRA.
                        
                     
                     Rollover of after-tax contributions.  For tax years beginning after December 31, 2006, participants in a qualified plan or a section 403(b) plan can roll over
                        after-tax contributions
                        to another qualified plan or section 403(b) plan provided the rollover is made through a direct trustee-to-trustee transfer
                        and the receiving plan
                        separately accounts for the rollover.
                        
                     
                     Retirement savings contributions credit. The retirement savings contribution credit, originally set to terminate after December 31, 2006, was made permanent in the
                        Pension Protection Act
                        of 2006. For further information see Retirement savings contributions credit in Reminders.
                        
                     
                   
                  
                     
                     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.
                        
                     
                     
                        
                           - 
                              You. 
- 
                              A member of a controlled group that includes you. 
- 
                              A predecessor of (1) or (2). 
 
                     
                        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 fewer
                        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. In addition, the income limits for the credit are subject to indexing for inflation.
                        
                     
                     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 (simplified employee pension) plans. 
- 
                              SIMPLE (savings incentive match plan for employees) plans. 
- 
                              Qualified plans (also called H.R. 10 plans or Keogh plans when covering self-employed individuals), including 401(k) 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 a 401(k) plan, employees can have you contribute limited amounts of their before-tax (after-tax, in the case of a qualified
                        Roth contribution
                        program) pay to the plan. These amounts (and the earnings on them) are generally tax free until your employees receive distributions
                        from the plan or,
                        in the case of a qualified distribution from a designated Roth account, completely tax free.
                        
                     
                     What this publication covers.
                                This publication contains the information you need to understand the following topics.
                        
                        
                           
                              - 
                                 What type of plan to set up. 
- 
                                 How to set up a plan. 
- 
                                 How much you can contribute to a plan. 
- 
                                 How much of your contribution is deductible. 
- 
                                 How to treat certain distributions. 
- 
                                 How to report information about the plan to the IRS and your employees. 
 
                        
                        
                      
                     Basic features of retirement plans.
                                Basic features of SEP, SIMPLE, and qualified plans are discussed below. The key rules for SEP, SIMPLE, and qualified
                        plans are outlined in
                        
Table 1.
                        
                        
                      
                     SEP plans.
                                SEPs provide a simplified method for you to make contributions to a retirement plan for your employees. Instead of
                        setting up a profit-sharing or
                        money purchase plan with a trust, you can adopt a SEP agreement and make contributions directly to a traditional individual
                        retirement account or a
                        traditional individual retirement annuity (SEP-IRA) set up for each eligible employee.
                        
                        
                      
                     SIMPLE plans.
                                A SIMPLE plan can be set up by an employer who had 100 or fewer employees who received at least $5,000 in compensation
                        from the employer for the
                        preceding calendar year and who meets certain other requirements. Under a SIMPLE plan, employees can choose to make salary
                        reduction contributions
                        rather than receiving these amounts as part of their regular pay. In addition, you will contribute matching or nonelective
                        contributions. The two
                        types of SIMPLE plans are the SIMPLE IRA plan and the SIMPLE 401(k) plan.
                        
                        
                      
                     Qualified plans.
                                The qualified plan rules are more complex than the SEP plan and SIMPLE plan rules. However, there are advantages to
                        qualified plans, such as
                        increased flexibility in designing plans and increased contribution and deduction limits in some cases.
                        
                        
                      
                     
                        
                     
                      Table 1.  Key Retirement Plan Rules for 2006
                        
                           
                           
                              
                                 | Type of
 Plan
 | Last Date for Contribution | Maximum Contribution | Maximum Deduction | When to Set Up Plan | 
                              
                                 | SEP | Due date of employer's return (including extensions). | Smaller of $44,000 or 25%
                                    1 of participant's compensation.
                                    2 | 25%
                                    1 of all participants' compensation.
                                    2 | Any time up to due date of employer's return (including extensions). | 
                              
                                 | SIMPLE IRA
 and
 SIMPLE
 401(k)
 | Salary reduction contributions: 30 days after the end of the month for which the contributions are to be
                                    made.
                                    3 | Employee: Salary reduction contribution, up to $10,000. | Same as maximum contribution. | Any time between 1/1 and 10/1 of the calendar year. 
 For a new employer coming into existence after 10/1, as soon as administratively feasible.
 | 
                              
                                 |  | Matching contributions or nonelective contributions: Due date of employer's return (including extensions). | Employer contribution: Either dollar-for-dollar matching contributions, up to 3% of employee's compensation,
                                    4or fixed nonelective contributions of 2% of compensation.
                                    2
 | Same as maximum contribution. |  | 
                              
                                 | Qualified | Due date of employer's return (including extensions). | Defined Contribution Plans | Defined Contribution Plans | By the end of the tax year. | 
                              
                                 |  | Note: For a defined benefit plan subject to minimum funding requirements, contributions are due in
                                    quarterly installments. See Minimum Funding Requirements in chapter 4. | Money Purchase: Smaller of $44,000 or 100%
                                    1 of participant's compensation.
                                    2 
 Profit-Sharing: Smaller of $44,000 or 100%
                                    1 of participant's compensation.
                                    2
 | Money Purchase: 25%
                                    1 of all participants' compensation.
                                    2 
 Profit-Sharing: 25%
                                    1 of all participants' compensation.
                                    2
 |  | 
                              
                                 |  |  | Defined Benefit Plans | Defined Benefit Plans |  | 
                              
                                 |  |  | Amount needed to provide an annual benefit no larger than the smaller of $175,000 or 100% of the participant's average
                                    compensation for his or her highest 3 consecutive calendar years. | Based on actuarial assumptions and computations. |  | 
                              
                                 | 1Net earnings from self-employment must take the contribution into account. 2Compensation is generally limited to $220,000.
 3Does not apply to SIMPLE 401(k) plans. The deadline for qualified plans applies instead.
 4Under a SIMPLE 401(k) plan, compensation is generally limited to $220,000.
 | 
                           
                        
                     
                        
                     
                     What this publication does not cover.
                                Although the purpose of this publication is to provide general information about retirement plans you can set up for
                        your employees, it does not
                        contain all the rules and exceptions that apply to these plans. You may also need professional help and guidance.
                        
                        
                                Also, this publication does not cover all the rules that may be of interest to employees. For example, it does not
                        cover the following topics.
                        
                        
                           
                              - 
                                 The comprehensive IRA rules an employee needs to know. These rules are covered in Publication 590, Individual Retirement Arrangements
                                    (IRAs).
                                  
- 
                                 The comprehensive rules that apply to distributions from retirement plans. These rules are covered in Publication 575, Pension
                                    and Annuity
                                    Income.
                                  
 
                        
                        
                      
                     Comments and suggestions.
                                We welcome your comments about this publication and your suggestions for future editions.
                        
                        
                                You can write to us at the following address:
                        
                        
                           Internal Revenue Service
                              
TE/GE and Specialty Forms and Publications Branch
                              
SE:W:CAR:MP:T:T
                              
1111 Constitution Ave. NW, IR-6406
                              
Washington, DC 20224
                           
                         
                        
                        
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*taxforms@irs.gov. (The asterisk must be included in the
                        address.) Please put “
Publications Comment” on the subject line. Although we cannot respond individually to each email, we do appreciate your
                        feedback and will consider your comments as we revise our tax products.
                        
                        
                      
                     Tax questions.
                                If you own a business and have questions about starting a pension plan, an existing plan, or filing Form 5500, visit
                        
www.irs.gov or call our Tax Exempt/Government Entities Customer Account
                        Services at 1-877-829-5500. Assistance is available Monday through Friday. If you have questions about a traditional or Roth
                        IRA or any individual
                        income tax issues, you should call 1-800-829-1040. We cannot answer tax questions at either of the addresses listed above.
                        
                        
                      
                     Ordering forms and publications.
                                Visit
                        
www.irs.gov/formspubs
                        to download forms and publications, call 1-800-829-3676, or write to the National Distribution Center at the address shown
                        under 
How To Get Tax
                              Help in the back of this publication.
                        
                        
                      
                     
                        Note.
                        All references to “section” in the following discussions are to sections of the Internal Revenue Code (which can be found at most libraries)
                           unless otherwise indicated.