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Key Takeaways A significant drawback of rabbi trusts is that they don't protect against creditors. If a company becomes insolvent or goes bankrupt, both the beneficiaries and the company's creditors have access to the trust's assets.
The Disadvantage of Rabbi Trusts If the founding company declares bankruptcy or otherwise becomes insolvent, its creditors will have unbridled access to the rabbi trust's funds?potentially depriving employees of their own earnings.
Because the Rabbi Trust is a non-qualified deferred compensation plan, the distribution is classified as supplemental wages and reported on a Form W-2 Wage and Tax Statement rather than on the Form 1099-R used for retirement income from your 403(b) account.
The first IRS letter approving this sort of trust involved a Rabbi, hence the name Rabbi Trust. The employer's contribution to the trust is tax-deductible, and the employee does not have to pay tax on that sum until he/she receives it from the trust.
How Do You Establish a Rabbi Trust? You as settler or grantor establish a rabbi trust by entering into a trust agreement with a trustee (usually a bank or trust company). The trustee then holds the NQDC plan contributions and investment earnings. A single rabbi trust can benefit more than one employee.