Enrolled Agents Should Understand The Tax Implications Of 403B Plans

A 403(b) plan, often called a tax-sheltered annuityinvest in either annuities or mutual funds.
(TSA), is a retirement plan for certain employees of 
public schools, tax-exempt organizations, and certainGenerally, the maximum amount contributable (MAC)
ministers. It is very likely that an enrolled agent will oneto a 403(b) account is limited to the lesser of:
day prepare a tax return or offer tax advice to a- The annual additions limit - For 2009 the limit is
client with a 403(b) plan. Our enrolled agent course$49,000 or 100% of compensation for the most recent
does not cover these plans in detail as the rules haveyear, whichever is less.
not been heavily tested in past ea exam questions. As- The elective deferral limit - In general, an employee
403(b) plans have become more prevalent, it ismay not contribute more than $16,500 for 2009
becoming more important for your enrolled agent(unchanged for 2010). There is a special rule for those
education to include coverage of this topic.with at least 15 years of service giving them the
A 403(b) has similar contribution limits and features topotential to contribute up to $3,000 more. Additionally,
qualified plans such as the ability to borrow against athose over 50 are eligible for a catch-up contribution of
balance; however, a 403(b) is not necessarily aup to $5,500 for 2009
qualified plan for ERISA purposes. Employees cannotIf, for any year, elective deferrals are contributed to
set up their own 403(b) account. Only employers canmultiple retirement accounts for you (whether or not
set up 403(b) accounts.with the same employer), consider all contributions to
Any eligible employee may participate. The followingdetermine whether the total is more than the limit for
employees are able to participate:that year. The limit on elective deferrals applies to
- Employees of tax-exempt organizations establishedamounts contributed to:
under section 501(c)(3) of the Internal Revenue Code.- 401(k) plans, to the extent excluded from income,
- Employees of public school systems who are- Section 501(c)(18) plans, to the extent excluded from
involved in the day-to-day operations of a school.income,
- Employees of cooperative hospital service- SIMPLE plans,
organizations.- Simplified employee pension (SEP) plans, and
- Civilian faculty and staff of the Uniformed Services- All 403(b) plans.
University of the Health Sciences (USUHS). 
- Employees of public school systems organized byIRS Circular 230 Disclosure - Pursuant to the
Indian tribal governments.requirements of the Internal Revenue Service Circular
- Certain ministers.230, we inform you that, to the extent any advice
 relating to a Federal tax issue is contained in this
Individual accounts in a 403(b) plan can be any of thecommunication, including in any attachments, it was not
following types:written or intended to be used, and cannot be used, for
- An annuity contract, which is a contract providedthe purpose of (a) avoiding any tax related penalties
through an insurance company,that may be imposed on you or any other person
- A custodial account, which is an account invested inunder the Internal Revenue Code, or (b) promoting,
mutual funds, ormarketing or recommending to another person any
- A retirement income account set up for churchtransaction or matter addressed in this communication.
employees. Generally, retirement income accounts can