401(k) plans still flexible despite antibias rules

Article Abstract:

Profit sharing, money purchase, rural cooperative, and stock bonus plans can have an arrangement called a CODA (cash or deferred arrangement) that allows employees to receive either a cash distribution or have a distribution made to a trust in their name. CODAs must satisfy certain requirements to qualify under 401(k) regulations, including: distributions are restricted to the death, disability, retirement, or separation from service of the employee; the term of service for participation can be no more than one year; and accrued benefits must be non-forfeitable at all times.

author: Apfel, Kenneth S., Tuttman, Peter M.
Salary reduction savings plans, 401K plans, Deferred compensation

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Canceled debt need not result in taxable income

Article Abstract:

Section 61(a)(12) of the Internal Revenue Code stipulates that income resulting from the discharge of debts typically is included in gross income. A ruling by the Third Circuit Court of Appeals has held that cancelled debt does not necessarily result in taxable income. Zarin, a gambler, settled a $3 million debt with Atlantic City casinos for $500,000. The IRS argued that Zarin recognized $2.5 million, but the Circuit Court held that since gambling debts are not legally enforceable, for tax purposes the amount of the settlement was equal to the amount of the debt.

author: White, Stephen J.
Extinguishment of debts, Debt cancellation, Cases, Gambling, United States. Internal Revenue Service, United States. Court of Appeals for the 3d Circuit

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Charitable trusts are an alternative to qualified plans

Article Abstract:

Charitable remainder trusts, trusts where the trust creator receives income for the rest of their lives or for a set period, have become increasingly attractive to taxpayers due to the reduced tax deductions for charitable donations and the complexity and expense of maintaining a qualified plan. The income consequence of charitable remainder trusts are that contributions are considered tax deductible. The Internal Revenue Code requires that the trust receive the property for which deductions are taken.

author: Breen, Joseph R., Gertz, Theodore G., Nyberg, David W.
Charitable remainder trusts

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subjects list: Laws, regulations and rules, Tax administration and procedure, Tax administration, Revenue, Taxation
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