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Double, Double, Toil and Trouble

Avoiding Double Taxation on an Inherited IRA

double double toil and trouble by ArbronDid you know that if you don’t pay close attention, you could be paying tax a second time on an inherited IRA – if the original owner’s estate paid estate tax.  You won’t find much (if anything) about this at the IRS’ website… not really sure why, but nonetheless, it’s a little-known fact that you can avoid this double tax.

Following are a couple of examples that explain how the IRD deduction works, so that you can avoid the double taxation problem.

First Example

You have become the sole beneficiary of your father’s $400,000 IRA.  According to the records for the account, all of the contributions were deductible contributions (more on this later).

When your father passed away, his total estate was worth $1.3 million – the IRA that you will inherit, plus an additional $900,000 in other assets.  At the time of his death, the estate tax exemption was $1 million, leaving $300,000 taxable to the estate.  Without the IRA, the estate would have been completely non-taxed.  At the then-current 55% rate, your father’s estate has paid $165,000 in estate tax.

This creates your Income in Respect of a Decedent (IRD) ratio:  the tax attributable to the distribution divided by the size of the IRA.  Dividing $165,000 by $400,000 equals 41.25%.  This is an important number!

If you took the entire distribution all at once, you would have available the entire IRD deduction of $165,000.  However (and – there’s always a however in life, right?) what happens when you take the distribution over many years?

If you began withdrawing $20,000 per year from the account, each year you could deduct $8,250 (41.25%) from the distribution – reducing the taxable income to $11,750.  If you continued withdrawing that same $20,000 every year, the same deduction would be available to you – but only until you used up the original $165,000.  In this case, it would be 20 years.

If you took different-sized distributions, each distribution would be eligible for the 41.25% deduction, up to the point where the full $165,000 has been used up.

Of course, over time the IRA has the opportunity to grow, so you’ve likely got quite a bit left in the account.  Each distribution after the credit has been used up will be completely taxable.

Second Example

For a very quick look at a second example:

Same circumstances as before, except that the rest of the estate was worth $1.2 million, so that the overall estate is valued at $1.6 million when your inherited IRA is included.  Total estate tax paid is $330,000 (55% of $600,000).  Of that $330,000, the tax attributable to the IRA is $220,000.  So your IRD ratio is 55%, the same as the tax – $220,000 divided by $400,000.  In this example, every distribution that you take from the account receives a deduction of 55%, until the $220,000 has been used completely.

Photo by Arbron
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Social Security Spousal Benefit for Divorcées

bankruptcy or divorce by kevindooleyRecently we talked about the spousal benefit for Social Security retirement benefits.  It is also important to note that similar benefits are available to divorced spouses.

A divorced spouse is eligible for a Social Security retirement benefit based upon the PIA (Primary Insurance Amount) of his or her ex-spouse under the following conditions:

  • he or she is at least 62 years of age
  • the couple was married for ten years or longer
  • he or she is not currently married
  • he or she is not eligible for a benefit (on his or her own record or another ex-spouse’s record) that would be greater than the benefit based on this particular ex-spouse’s record

The divorcée’s former spouse does not have to have applied for benefits, as long as the couple have been divorced for at least two years when he or she applies for the spousal benefit.  However, the former spouse must be eligible for benefits – that is, he or she (the former spouse) must be at least age 62.  Delaying application for spousal benefits beyond the former spouse’s age 62, up to FRA (Full Retirement Age) for the former spouse, will increase the amount of the spousal benefit.

As with the regular spousal benefit, if the divorcée reaches FRA and is eligible for a benefit on his or her own record, the divorcée can choose to receive only the divorced spousal benefit now and delay receiving retirement benefits in order to build delayed credits, increasing the benefit available on his or her own account.

Any benefits that are received by the divorcée have no impact on benefits to be received by the former spouse, any other ex-spouses of the former spouse, or the former spouse’s current spouse. Now that’s quite a sentence, isn’t it?

Photo by kevindooley
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The Formula for Success

bioreactor by kaibara87Financial professionals sometimes get wrapped up in the overly-complex – retirement projections, Monte Carlo analysis, trust and estate planning, and complicated portfolio design.  It often comes to mind that we need to stop and remember what the most important concepts are in successful financial planning, and that can be boiled down to a very simple formula for success.

The reason this is important is because, as individuals, we are doing a poor job of creating success for ourselves.  Recent reports have shown that our overall savings rate (for Americans, anyhow) is essentially nil.  That is to say, we’re mortgaging our futures at a regular rate, month over month, with nothing being put back for the aggregate rainy days that are coming.

The Formula for Success

The basic, stripped down Formula for success is as follows (and don’t be surprised if this is boringly familiar):

Save 10% to 20% of everything that you earn, live debt-free, and invest your money in sensibly managed investments for the long term.

Following this simple Formula has provided many folks from all walks of life with a comfortable retirement, pretty much without regard to the ups and downs of the markets.  The Formula can work for anyone of any means – without the need for complicated projections, analyses, or any of the other fancy services that financial professionals provide.

That’s not to say that there is no value in those additional services – tax savings, estate protection, and portfolio optimization do provide powerful benefits, but not as much until your net worth has increased to a substantial size.  Following The Formula is the first step, the foundation of financial success.

What This Means

For the person just starting to put a real plan in motion, it really isn’t hard to get The Formula to work for you – the biggest roadblock is instilling the discipline into yourself to follow it.  It could be as simple as working together with your spouse, each of you holding the other accountable for maintaining the plan; in fact it’s essential that both of you are on the same page.  But often it is necessary to get some help.

Even though this process seems simple, it is at the earliest stages that guidance is essential to keep you on track.  It requires you to analyze your monthly expenses and income, consider your debt situation and any savings plans already in place, and then develop and work your plan to apply The Formula to your situation.  Guidance can be vital as you work through the process and can be critical to keeping you focused and on track.

If you don’t already have an advisor to help you to develop and work your plan, you should strongly consider getting one.  Many fee-only financial planners (but not all) can provide hourly service to help with just such a plan – you can search for this sort of advisor on the internet:  www.NAPFA.org and www.GarrettPlanningNetwork.com are the best places to start.  You could also go to my “How To Get Started” page to initiate a conversation your own situation.

The Point

So, the point of all this is – as Americans we have done a terrible job of preparing for our futures, but it’s never too late to start.  No matter where you are in the spectrum of potential financial success, putting The Formula into place (if you haven’t already) will improve your situation.  If enough of us do these simple things and stick to the plan, a brighter future will be in store for all of us.

Photo by kaibara87
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Roth Conversion – What Could Possibly Go Wrong?

warning by jurvetsonIt is expected that in 2010 there will be more Roth IRA conversions than in any year in the past – maybe all years added together.  With all this converting and cavorting going on around IRAs and Roth IRAs, there are bound to be some problems arise.

One particular type of problem that could arise would specifically impact 2010 conversions – those conversions that qualify to be eligible for the special tax spreadout over the following two years.  That problem is the impact you’ll have when a significant sum is converted in 2010, the option for tax payment over 2011 and 2012 is chosen, but alas, the investments chosen go awry, terribly so, eroding your ability to pay the tax.

Specifically, this situation can cause a huge problem if the downturn on the investments occurs long after the conversion – long enough to be beyond the scope of the recharacterization possibility.  Below is an illustration of the situation I’m talking about.

Illustration

Here’s an example of the problem:  You have a significant sum in your IRA – let’s say $500,000, just for grins.  You have run the numbers and determined that it makes sense for you to convert this entire IRA to a Roth IRA in 2010, electing to spread the tax over 2011 and 2012, as you’re eligible to do.  You’ve chosen to do this because you expect that by retiring in late 2010, you will have a much lower taxable income in 2011 and 2012, thereby reducing the tax bite.

You estimate that your taxes will be $200,000 on the conversion, and since you don’t have that kind of scratch just sitting around in a savings account, you expect to pay that tax from the proceeds in your Roth account, $100,000 in 2011 and $100,000 in 2012.  Furthermore, you consider yourself a sharp cookie – you’ve decided to invest the entire amount of your Roth IRA in the hottest new mineral exploration company; you heard about it from a buddy at the club, and he’s always making money, or so he says.

By the October 15, 2011 (the last day that you could choose to recharactrize the conversion), your mineral exploration stock investment has grown 50% – now your Roth IRA is worth $750,000.  Things are going great!  Since the account has grown, you decide not to recharacterize the conversion, and you’ll just sit back and watch your stock grow.

Problems on the Horizon

Until… along about mid-March in 2012, the company you’ve bought into becomes a party of an environmental lawsuit, placing a restraining order against further exploration activities.  The lawsuit is not expected to have merit, it will just be a bump in the road – but the stock falls out of favor, dropping in value by 50%.  Your Roth IRA is now worth $375,000… and you have to pull out $100,000 to pay taxes in 30 days.  After doing so, the account is now worth $275,000.

Now you’ve decided that your hot tip wasn’t such a hot tip, but since you have faith in the company and truly believe that the lawsuit is just a bump in the road, you hang on.  And, in fact, in mid-June, the stock does come back, but nowhere near the 172% you’d have to gain to get back to the all-time high, and not even the 45% that you’d have to gain just to get back to your original $500,000.  More like about 20%, which brings your account balance up to $330,000.

these boots were made for throwing by Coyote2024More Footwear Decends

Just in time for the other shoe to drop:  in late October of 2012, the CEO of your mineral company is arrested for insider trading – and the stock takes another dive, losing 30%.  Your Roth IRA account is reduced to $231,000 – you decide the rollercoaster ride is over for you and you sell out, putting all your money in the money market at a 1.5% return.  When it comes time to pay the other half of the tax in April of 2013, you’ve achieved a bit of a return on the money market holdings, so that your account is now worth approximately $233,000 – but you’ve got to pull out the tax payment.  After you pay your taxes, your nest egg is now worth $133,000.  You’d planned on having at least $300,000 at this point. and now what you have left will be tough to get by on.

What Can We Learn?

What could have been done to avoid this?  Presumably you had weighed the risks and the plan met your needs, as long as the aforementioned problems hadn’t occurred.  This comes down to the long-time planning adage of not putting all your eggs in one basket… you should never try for the “home run” sorts of returns with your entire nest egg.  I’d say you should give up on taking your buddy’s stock tips as well – especially with regard to investing more than you can afford to lose in any one issue as was illustrated.

Of course, something similar could have happened in a diversified account; we have only to look at late 2008 and early 2009 for an example of an across-the-board downturn.  But the likelihood of a repeat of such a downturn is very low, and diversification across many asset classes can provide a buffer against that possibility.

In addition to diversification across asset classes, it makes great sense to diversify across tax treatment as well.  In your savings plan you should have some money invested in all three types of tax treatment: capital gains taxable, tax-deferred (as in an IRA), and tax-free (as in a Roth IRA).  Of course if you have the ability to have all of your money in a tax-free account (as the example did) that would be great, but as you can see, getting the money to the account could be problematic.

Photo #1 by jurvetson
Photo #2 by Coyote2024
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The Spousal Benefit Option for Social Security Benefits

bride by cliff1066There is a provision in the Social Security system that many people don’t know much about – the spousal benefit.  This benefit is applicable when one spouse has had little or no working history, such as a stay at home mom or dad, and the other spouse has had a working career that has provided enough quarters of earnings to make him or her eligible for a larger Social Security retirement benefit.

Note – to simplify the explanations, from this point forward we’ll refer to the lower-earning spouse as “spouse” and the higher-earning spouse as “worker”.  Bear in mind that the spouse could have accumulated some amount of benefit on his or her own, or might never have worked.

This benefit option allows the spouse to choose a potentially greater benefit than the one based on his or her own earnings record – equal to ½ of the benefit of the worker.  Specifically, if the spouse has earnings that represent a PIA (Primary Insurance Amount) that is less than ½ of the worker’s PIA, a spousal benefit amount is added to the spouse’s benefit to increase the amount of the benefit to ½ of the worker’s PIA.

So, if the spouse has a PIA of $1,100 and the worker has a PIA of $2,450, an amount would be added to the spouse’s benefit to increase the PIA to $1,225, ½ of the worker’s PIA.  The ½ benefit is provided if the spouse has filed for benefits at FRA (Full Retirement Age).  If filing for the spousal benefit at age 62, the spousal benefit will be equal to 35% of the worker’s PIA.  At any age after 62 but before FRA, the amount will be pro-rated.

Qualifications

There are several qualifications and factoids that you need to understand about the spousal benefit:

  • the spouse and the worker must have been married for at least 12 months (continuously) immediately prior to applying for benefits.
  • the spouse must be age 62 or older.
  • the worker must be eligible for benefits, meaning that the worker must file for benefits with Social Security.  The worker does not have to be actually collecting benefits, he or she could be utilizing the “file and suspend” option.
  • the spousal benefit does not include any credits that the worker may be eligible for upon delaying receipt of benefits, as the spousal benefit is based upon the worker’s PIA, not the actual benefit the worker may receive. Therefore, it never makes sense to delay taking the spousal benefit past the FRA of the worker.
  • there is no increase in spousal benefit by delaying application after FRA of the spouse.
  • if the spouse has reached FRA and would like to delay receiving his or her own retirement benefit, the full spousal benefit will be available to the spouse until he or she files for his or her own benefit.
  • if the spouse continues to work while receiving benefits, the same earnings limits apply to the spousal benefits as would apply to primary worker benefits.

There are quite a few more nuances that concern the spousal benefit, including how this impacts a divorced couple, survivor benefits, etc., that will be covered in future articles.

Photo by cliff1066™
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Where to Get Your Annual Credit Report

credit card theft by Don HankinsAs a smart consumer, you have likely heard that it’s a good idea to get your credit report every year from all three services: Experian, Equifax, and TransUnion.  You’ve probably also seen the ever-present “Free Credit Report” commercials on the television (unless you TiVo everything and skip past the commercials!) – so you may be wondering:  is that the place to go to get the credit reports?

While the service in the commercials will likely provide you with the reports you need, since that service is a “for profit” venture, you’re also likely to get more than you bargained for along with your reports.  There are a lot of add-ons that can mysteriously show up, like hidden fees, credit score monitoring, identity theft protection, etc., all of dubious benefit.

The Real Answer

The ONLY authorized source for requesting your credit reports from all three agencies FOR FREE, with no strings attached, is at www.AnnualCreditReport.com.  This source was set up jointly by the three credit reporting agencies in response to the Fair Credit Reporting Act.

Via this service, which can also be contacted by phone at 877-322-8228, or by mail (see the website for the form and address), you are allowed to request your credit report from each agency once every 12 months at no cost.

I have found that the mail option, while decidedly low-tech, is the most pain-free option.  Navigating the online system can get a bit frustrating, especially if you’ve changed addresses somewhat frequently within the previous ten years, since mailing address is one of the important identifying factors.  Unless the system has greatly improved of late, it can cause you some grief.  I have to admit that it has been a few years since I tried to utilize the online order option, though.

The Report

The report you receive will be very detailed regarding your credit history, payment history, and any actions taken with regard to your credit.  It is important to review this information to ensure that it is accurate – if any errors are located, you need to work out resolving those errors with the credit agency and the creditor in question.

You will not, as a rule, receive your credit score when you make this request for your credit report.  The credit score is a separate mathematical ranking of your credit, and this can be purchased from the agencies for a small fee (typically less than $20) when you make your request for the credit report.  If you’re concerned about your score and have not had reason to receive your score in another fashion (such as getting a mortgage), it might make sense to do so, but it’s not a requirement by any means.

Timing of Your Request

Since you have three agencies to work with and 12 months between reports, you have a decision to make:  should you request all three at the same time, or intersperse them throughout the year?

I suppose it really comes down to your situation – if you have a potential credit problem to resolve, I’d suggest getting all three at once, then you can compare them side-by-side as you work out any problems or inconsistencies.

On the other hand if you’re just in a maintenance mode, that is, you don’t anticipate any issues with the report, you might want to set up a schedule and request a report from a different agency every four months.  This way you can constantly monitor your credit to ensure that nothing funky is going on.

Just make sure that you use www.AnnualCreditReport.com, rather than the other, more publicized options.  You’ll be glad you did.

Photo by Don Hankins
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Roth Conversion Timing Where After-Tax Contributions Are Involved

time reloaded by lrargerichYet another point that you need to keep in mind as you plan your Roth IRA conversion strategy is the timing of the activities.  This is especially true when you have after-tax contributions to your IRAs in addition to the growth on those contributions and the typical deductible contributions.  As you’ll see below, in some circumstances it can make a big difference in how much tax you’ll have to pay…

Timing Examples

Example 1. You have an IRA worth $100,000, of which $50,000 is after-tax contributions, $20,000 is deductible contributions, and $30,000 is growth on your contributions.  This is the only IRA that you own (which is a key fact, since the IRS considers all IRAs in a lump when determining the taxability of distributions).

Have decided that you’d like to convert $40,000 to a Roth IRA.  When you do so, half of the amount converted ($20,000) will be taxable and the other half non-taxed, since you have after-tax contributions amounting to $50,000 of the total account value of $100,000.

Simple enough, right?  Okay, let’s complicate it…

Example 2. Same circumstances as in Example 1, except that you also have a 401(k) plan worth $100,000, all deductible contributions – and you’ve just retired.  You decide at your retirement that you’d like to rollover the 401(k) to an IRA – you never liked the restrictive investment options available in that old 401(k) plan anyhow.

As in the first example, you want to convert $40,000 to a Roth IRA this year.  (Here comes the timing part)

IF you convert the $40,000 to your IRA BEFORE you rollover the 401(k), you will only be taxed on $20,000 of the conversion, just like example 1.

HOWEVER (and there’s always a however in life, don’t ya know) – if you rollover the 401(k) first and then convert the $40,000 to Roth, you will be taxed on $30,000 of the conversion.  This is because, now that you’ve rolled over the 401(k) plan, you have IRAs worth $200,000, of which only 25%, or $50,000 is after-tax contributions… therefore, only 25% of the conversion distribution is tax-free, and the remaining 75%, or $30,000, is taxable.

So – there you have it.  Timing is very important indeed…

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Calculating the Social Security Retirement Benefit

social security lips by Aric RileyThere are three factors that go into determining the Social Security retirement benefit amount – your PIA (Primary Insurance Amount), your FRA (Full Retirement Age), and the age you are when you start receiving benefits.  We talked about the PIA here; then we talked about the FRA here.  Having these two numbers, we need to consider if you are applying for early benefits, and therefore a reduced amount, or if you’re delaying receipt of benefits to increase the payment amount.

Applying Early for Reduced Benefit Amount

When you apply early (before your FRA), a formula goes into effect to determine how much your benefit will be reduced.  First, determine how many months there are between your FRA and the age at which you’ll start receiving benefits.  The PIA will be reduced by a percentage based upon the number of months you come up with.  The first 36 months are multiplied by 5/9 of 1%, and any months beyond 36 are multiplied by 5/12 of 1%.

So, if your FRA is age 66, and you intend to begin receiving benefits in the month that you are age 62 and 6 months, your PIA would be reduced by 20% for the first 36 months (36 * 5/9% = 20%) plus an additional 2½% for the remaining 6 months (6 * 5/12% = 2½%) for a total of 22½%.  The maximum amount that the PIA can be reduced is 25% for folks with FRA of age 66, ranging up to 30% for those with FRA of age 67.

When you come up with this reduction factor, it is then applied to your PIA, and the result is your anticipated benefit amount.  You can see in the table below how waiting a few months or years can make a big difference to the benefit amount.  And this change can have a huge impact on your lifetime benefits – because once you start receiving your benefit, it won’t change other than with the annual COLA increases – unless you continue to work while receiving benefits, which could increase your PIA.  The other way to increase your benefit is to take the “do over” – described here.

Delaying Receipt of Benefits to Increase the Amount

If you are delaying your retirement beyond FRA, you’ll increase the amount of benefit that you are eligible to receive.  Depending upon your year of birth, this amount will be between 7% and 8% per year that you delay receiving benefits – which can be an increase of as much as 32½% if you delay until age 70 and you were born in 1941 – when your FRA is 65 years and 8 months, and the increase amount is 7½% per year at that age.  See the table below for the increase amounts per year based upon birth year:

Birth Year FRA Delay Credit Minimum
(age 62)
Maximum
(age 70)
1940 65 & 6 mos 7% 77½% 131½%
1941 65 & 8 mos 7½% 76⅔% 132½%
1942 65 & 10 mos 7½% 75 5/6% 131¼%
1943-1954 66 8% 75% 132%
1955 66 & 2 mos 8% 74 1/6% 130⅔%
1956 66 & 4 mos 8% 73⅓% 129⅓%
1957 66 & 6 mos 8% 72½% 128%
1958 66 & 8 mos 8% 71⅔% 126⅔%
1959 66 & 10 mos 8% 70 5/6% 125⅓%
1960 & later 67 8% 70% 124%

So you can see the impact of delaying receipt of retirement benefits – it can amount to more than 50% of the PIA, when you consider early benefits versus late benefits.  Of course, by taking benefits later, you’re foregoing receipt of some monthly benefit payments; given this, early in the game you’d be ahead in terms of total benefit received.  This tends to go away as the break-even point is reached in your mid-70’s to early-80’s in most cases, which we’ll review in a later article.

Photo by Aric Riley
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Things to Consider as You Set Up a SOSEPP

water bottle caps by Incase DesignsSo, you’ve decided that you’d like to begin taking distributions from your IRA funds – and you’re under age 59½, so you need to structure your distributions as a Series of Substantially Equal Periodic Payments (SOSEPP).  (For more background information on the SOSEPP, see this article.) It is important to do this right, because once you set up the plan, you’re pretty much stuck with it.

Steps to Set Up a SOSEPP

The first step in setting up a SOSEPP is to figure out just how much you’ll need to take each year.  In the best of all circumstances, your SOSEPP plan will take small enough payments that it will not exhaust your IRA funds… Working with a financial advisor or an actuary, you can figure out how much money is required to support the SOSEPP payments that you require.

Once an amount is determined, a new IRA can be opened and the money required rolled over into that account.  Other IRAs and 401(k) accounts will then hold the remainder of your funds – which provides your savings for future needs, once the SOSEPP is no longer in effect, or a “safety valve” for you to use in the event that you need additional funds at some point.  Of course, taking an additional amount from one of these other accounts would require payment of the 10% penalty (unless one of the other exceptions applies) – but this is much better than taking too much from your SOSEPP IRA and busting the plan, which carries some heavy penalties.

Keep in mind, especially if you’re setting up your SOSEPP early in your life, it will be possible to set up another SOSEPP from a different account should the need arise.  You would just have two series’ going on at the same time, with different variables impacting each series.

In other cases, you may just want to take the greatest possible payment that you can from your collective plans, which can be easily determined when the span of the plan is understood, given your age and the amount in the IRAs.

Several choices are necessary to set up the plan:

  • Choose one of the three permitted methods – RMD, amortization, or annuitization
  • Choose a life expectancy table – single, joint, or uniform life expectancy
  • Choose an interest rate (if using amortization or annuitization)
  • Decide whether to use annual recalculation (if using amortization or annuitization)
  • Choose the account balance valuation date
  • Determine the “period” for your payments.  These can be monthly, quarterly or annually, but must at least be annual, and must be at the same regular interval each “period” once set up.

All of these details must be attended to when setting up the plan, and careful attention should be paid when making these decisions.  If you set up such a plan early in your life (say at age 50 or earlier) you will have to live with your choices for a considerable amount of time.  Understand what each choice means and can mean in the future as you make these decisions.

For more information on the SOSEPP – including all of the methods, the life expectancy tables, and all of the other details, see the IRA Owner’s Manual.

Photo by Incase Designs
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First Time Homebuyers: No (eFile) Soup For You!

soup_naziIf you’re planning to take advantage of the First-Time Homebuyer’s tax credit or the more recently announced “long-time homeowner new purchaser” credit – you will not be eligible to eFile your tax return when you claim the credit.  To find out more about these credits, see the article at this link.

In a move to reduce fraudulent claims, the IRS recently decided that in order to claim this credit, proof of the purchase of the new home must be attached to the return with form 5405 and the entire return must be paper-filed.

This will likely add at least a week to the processing time, and likely much more as the filing season progresses.  So if you’re claiming this credit, keep in mind that your turnaround for your refund will be extended specifically because of this credit.  I’m sure it will be worth the wait!

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