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Section 401(a) provides that a trust created or organized in the United States and forming a part of a stock bonus, pension, or profit-sharing plan that satisfies the requirements set out in § 401(a) constitutes a qualified trust.
Trust Agreement The trustee essentially has legal title to the plan assets. The plan's assets are protected from the creditors of the Plan Sponsor. As such, if the employer was to become financially insolvent, the assets would be available to the plan participants and their beneficiaries.
What is profit-sharing? A profit-sharing plan is a retirement plan that allows an employer or company owner to share the profits in the business, up to 25 percent of the company's payroll, with the firm's employees. The employer can decide how much to set aside each year, and any size employer can use the plan.
Many 401(k) profit sharing plans still use a trust, who may also be the administrator, to oversee the assets in the plan. The purpose of the trust is to handle the managerial aspects of the plan. The trust has a fiduciary responsibility to act in the best interests of the participants.
A qualified trust is a stock bonus, pension, or profit-sharing plan established by an employer for their employees. A qualified trust is tax-advantaged as long as it meets IRS requirements.
The main difference between 401(k)s and IRAs is that 401(k)s are offered through employers, whereas IRAs are opened by individuals through a broker or a bank. IRAs typically offer more investment options, but 401(k)s allow higher annual contributions.
If the custodian is able to hold all of the assets that are currently in the profit-sharing plan, then all the assets may be rolled to the SEP IRA.
A Retirement Plan Trust is a trust that acts as a shield or barrier to insulate the principal of your qualified retirement accounts such as an IRA or 401K from the trust beneficiary's creditors, a bankruptcy, a lawsuit, or a divorcing spouse after they inherit the accounts from you.