Publication 560 |
2001 Tax Year |
Setting Up a SEP
There are three basic steps in setting up a SEP.
- You must execute a formal written agreement to provide benefits to all eligible employees.
- You must give each eligible employee certain information about the SEP.
- A SEP-IRA must be set up by or for each eligible employee.
Many financial institutions will help you set up a SEP.
Formal written agreement.
You must execute a formal written agreement to provide benefits to all eligible employees under a SEP. You can satisfy the written agreement
requirement by adopting an IRS model SEP using Form 5305-SEP. However, see When not to use Form 5305-SEP, later.
If you adopt an IRS model SEP using Form 5305-SEP, no prior IRS approval or determination letter is required. Keep the original form. Do not
file it with the IRS. Also, using Form 5305-SEP will usually relieve you from filing annual retirement plan information returns with the IRS and
the Department of Labor. See the Form 5305-SEP instructions for details.
When not to use Form 5305-SEP.
You cannot use Form 5305-SEP if any of the following apply.
- You currently maintain any other qualified retirement plan. This does not prevent you from maintaining another SEP.
- You have any eligible employees for whom IRAs have not been set up.
- You use the services of leased employees (as described in chapter 1).
- You are a member of any of the following unless all eligible employees of all the members of these groups, trades, or businesses participate
under the SEP.
- An affiliated service group described in section 414(m).
- A controlled group of corporations described in section 414(b).
- Trades or businesses under common control described in section 414(c).
- You do not pay the cost of the SEP contributions.
Information you must give to employees.
You must give each eligible employee a copy of Form 5305-SEP, its instructions, and the other information listed in the Form 5305-SEP
instructions. An IRS model SEP is not considered adopted until you give each employee this information.
Setting up the employee's SEP-IRA.
A SEP-IRA must be set up by or for each eligible employee. SEP-IRAs can be set up with banks, insurance companies, or other qualified financial
institutions. You send SEP contributions to the financial institution where the SEP-IRA is maintained.
Deadline for setting up a SEP.
You can set up a SEP for a year as late as the due date (including extensions) of your income tax return for that year.
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