| IRS Advice FS-2008-24, July 2008 Retirement or
pension plans are not just for big businesses. They are also
available for sole proprietorships. If you are self-employed small
business owner or professional person, you can set up a qualified
retirement plan for yourself and your employees and make annual
tax-deductible retirement plan tax deductions.
If you are a sole proprietor, you can deduct contributions you
make to the plan for yourself. You can also deduct trustee fees if
contributions to the plan do not cover them.
The Internal Revenue Code provides significant tax deductions
for employers that establish and maintain retirement plans that
comply with the requirements of the Code. Such plans include
Simplified Employee Pension (SEP) plans and Savings Incentive
Match Plan for Employees Individual Retirement Account (SIMPLE
IRA) plans.
Generally under these plans, contributions that are set aside
for retirement may be currently deductible by the employer, but
are not taxable to the employee until distributed from the plan.
You must set up and fund a qualified retirement plan such as a
SEP or SIMPLE-IRA. No matter what type of plan for the
self-employed you are considering, you must actually make
contributions to a qualified and properly maintained retirement
plan account. This fact sheet provides a quick look at preventing
incorrect deductions for retirement plans.
Qualifications to claim deductions
If you are self-employed, you may qualify for a tax deduction
for contributions you make to a qualified retirement plan. You
must have self-employment income to qualify. Self-employment
income consists of net profits from Schedule C or Schedule F.
The deduction is the total plan contributions you can subtract
from gross income on your federal income tax return. Limits apply
to the amount deductible. You can avoid examinations and
additional assessments by making sure you qualify for the
deduction.
The self-employed retirement plan deduction may not be
allowable if:
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Form 1040, Schedule SE, Section A (if applicable), Line 4, is
less than the amount on Form 1040, Line 28.
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Form 1040, Schedule SE, Section B (if applicable), Line 6, is
less than the amount on Form 1040, Line 28.
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Form W-2 indicates an individual is a Statutory Employee and
the amount in Box 1 is less than Form 1040, Line 28.
Deduction limits for the self employed
If you contribute to your own SEP-IRA, you must make a special
computation to figure your maximum deduction for these
contributions. When figuring the deduction for contributions made
to your own SEP-IRA, compensation is your net earnings from
self-employment which takes into account both of the following
deductions:
Use the rate table or worksheets in chapter 5 of IRS
Publication 560, “Retirement Plans for Small Business” for
figuring your allowable contribution rate and tax deduction for
your SEP-IRA plan contributions.
Deducting contributions
When to deduct contributions for a year depends on the tax year
on which the SEP is maintained.
If the SEP is maintained on a calendar year basis, you deduct
the yearly contributions on your tax return for the year within
which the calendar year ends.
If you file your tax return and maintain the SEP using a fiscal
year or short tax year, you deduct contributions made for a year
on your tax return for that year.
For example, you are a fiscal year taxpayer whose tax year ends
June 30. You maintain a SEP on a calendar year basis. You deduct
SEP contributions made for calendar year 2008 on your tax return
for your tax year ending June 30, 2009.
The allowable deduction for yourself is reported on your Form
1040 Line 28.
More information
There are many other factors to consider when choosing a
retirement plan that is right for you and for your business. A
retirement plan has many benefits, including investing in the
future now for financial security when you retire. As a bonus, you
may qualify for significant tax advantages and other incentives.
Publication 560, Retirement Plans for Small Business, is a
valuable resource for computing self-employment income and
determining limitations on SEP and other retirement contributions
and deductions.
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