In our work with more than 1,000 U.S. physicians, we have observed that the Number 1 financial goal for nearly all physicians is to achieve a financially secure retirement on their terms, including each doctor’s unique timeline and lifestyle goals. It is not surprising that data from national physician surveys confirm this as the top financial objective.
What is surprising is how many physicians attempt to reach this goal using just one of the tools at their disposal – a qualified retirement plan (QRP) – while completely unaware of another tool they could be using– a non-qualified plan (Non-Q Plan).
Qualified Plan Basics
The designation QRP means that the plan meets the definition of a retirement plan under U.S. Department of Labor and Internal Revenue Service rules created under the Employee Retirement and Income Security Act (ERISA). A QRP may be in the form of a defined benefit plan, profit sharing plan, money purchase plan, 401(k), or 403(b). Properly structured plans offer a variety of benefits: You can fully deduct contributions to a traditional QRP, funds within the QRP grow tax-deferred, and (if non-owner employees participate) the QRP funds enjoy superior asset protection. Despite these benefits, QRPs have a host of disadvantages that physicians should understand:
- Mandated maximum annual contributions for defined contribution plans
- Mandatory participation by employees
- Potential liability for management of employee funds in the plan
- Controlled group and affiliated service group restrictions
- Penalties for withdrawal prior to age 59½
- Required distributions beginning at age 70½
- Full ordinary income taxation of distributions
- Full ordinary income taxation and estate taxation of plan balances upon death (combined tax rates on these balances can be over 70%)
Despite these numerous disadvantages, nearly all U.S. physicians participate in traditional QRPs, largely because of the tax deduction benefits. For many physicians, however, the cost of contributions for employees, potential liability for mismanagement of employee funds, and the ultimate tax costs on distributions may outweigh the current tax savings offered by QRPs. If not giving pause, these drawbacks at least suggest that it would make sense to investigate another type of plan that hedges the QRP as an additional savings vehicle.
This is especially true if you believe that income tax rates, especially the higher marginal rates, will go up over the coming decades. When you use a traditional QRP, you trade today’s tax rates on your contribution for the tax rates in the future when you withdraw the money from the plan. If rates rise in the future, the QRP might prove not to be a good deal at all. Thus, the QRP tax rate bet is one that should be hedged against by using retirement savings alternatives.
One alternative to consider is a Roth QRP. Many medical practices sponsor 401(k) plans which give participants the option of making salary deferrals into either a traditional 401(k) or a Roth 401(k). Although traditional contributions are a tax deduction today and will be taxed upon distribution at the tax rates in effect at that time, their Roth counterparts are after-tax contributions today. Thus, the participant pays tax at today’s rates, but the funds grow on a tax deferred basis and are tax free upon withdrawal assuming they stay in the Roth account for at least five years. Only the salary deferral portion of a contribution can go into a Roth plan. Any profit sharing or match must go into a traditional account.
Simplified Employee Pension Individual Retirement Accounts (SEP-IRAs) are not officially QRPs. They are custodial accounts that are similar in many ways. Both SEP-IRAs and QRPs have the same tax restrictions on annual contribution amounts, penalties for early withdrawals, mandatory withdrawal rules, and taxation on distributions and plan balances at death. One big difference is that a SEP-IRA may not have the same level of asset protection under state law that a QRP enjoys.
Many physicians who use traditional QRPs, Roth QRPs or SEP-IRAs as a substantial part of their retirement planning should understand that such plans alone may not be enough to achieve their retirement goals. Whether because of annual contribution limits or the taxation of distributions as ordinary income, most doctors need another retirement savings vehicle. This is where Non-Q Plans could play a significant role.
Non-Qualified Plan Basics
Non-Q Plans can be valuable retirement tools for many doctors. Because these plans are not subject to QRP rules, Non-Q Plans do not have to be offered to any employees. Further, even among the physician-owners, there is total flexibility. For example, one doctor can contribute a maximum amount, the next partner could contribute much less, and a third physician could opt out completely.
The main drawback to Non-Q Plans is that contributions are never tax deductible. However, they can be structured for tax-free growth and tax-free access in retirement, like a Roth IRA. How much would you put in a Roth IRA if there were not funding limitations? If you think you would fund such a vehicle, then a Non-Q Plan could be very attractive to you.
In fact, a Non-Q Plan can be an ideal long-term tax hedge against a QRP. Beyond these general ground rules, there is tremendous flexibility and variation with Non-Q Plan designs, with the following common attributes:
- No limitations on contributions as with QRPs
- Can be implemented in addition to any QRP, such as a 401(k) or profit-sharing plan
- Owners/partners can vary in how much or whether they participate
- Employee participation is not required
- No tax deduction on contributions, but funds can grow tax-free and be accessed tax-free upon withdrawal
- Top asset protection in many states
As noted at the outset, the Number 1 financial goal of nearly every physician is retirement on his or her own terms, and both QRPs and Non-Q Plans can play important roles in achieving this goal. If building your retirement wealth is an important goal for you, we recommend you work with an experienced advisor to investigate both types of plans for your practice.
About the Author
David B. Mandell, JD, MBA
David B. Mandell, JD, MBA, is an attorney and author of more than a dozen books for physicians, including For Doctors Only. He is a partner in the wealth management firm OJM Group (www.ojmgroup.com), where Carole C. Foos, CPA is also a partner and lead tax consultant. They can be reached at 877-656-4362 or firstname.lastname@example.org
OJM Group, LLC. (“OJM”) is an SEC registered investment adviser with its principal place of business in the State of Ohio. SEC registration does not constitute an endorsement of OJM by the SEC nor does it indicate that OJM has attained a particular level of skill or ability. OJM and its representatives are in compliance with the current notice filing and registration requirements imposed upon registered investment advisers by those states in which OJM maintains clients. OJM may only transact business in those states in which it is registered or qualifies for an exemption or exclusion from registration requirements. For information pertaining to the registration status of OJM, please contact OJM or refer to the Investment Adviser Public Disclosure web site www.adviserinfo.sec.gov.
For additional information about OJM, including fees and services, send for our disclosure brochure as set forth on Form ADV using the contact information herein. Please read the disclosure statement carefully before you invest or send money.
This article contains general information that is not suitable for everyone. The information contained herein should not be construed as personalized legal or tax advice. There is no guarantee that the views and opinions expressed in this article will be appropriate for your particular circumstances. Tax law changes frequently, accordingly information presented herein is subject to change without notice. You should seek professional tax and legal advice before implementing any strategy discussed herein.