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403(b) and ministers


Guest Butch
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An attorney asked me if there are any special considerations regarding 403 (B) that would allow a much larger contribution from a church to a minister (lump sum). It seems that the church would like to give the minister, of the past 15 years, a gift of $150,000. They want to give it completely without triggering constructive receipt. I don't see how this can be done without the use of a Rabbi Trust. Is there indeed a 403(B) provision that allows for a more generous contribution than just 25% and catch-up (he is apparantly 60 years old).

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Depending on the compensation level of the individual, couldn't this be done in a regular DB plan? It will take two years to get the accrual where you want it, though, because of 415 limits. If the individual isn't an HCE, then a DB plan could be set up just for him and wouldn't violate 401(a)(26) becuase of 1.401(a)(26)-1(B)(1)(i).

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Butch: Before doing anything check with tax counsel to determine whether the $150,000 is a gift which is exempt from income tax if it is not provided for the performance of services. The church could elect to put the gift into a trust and pay the income to the pastor or just give it outright.

mjb

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