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Tax Credits for Home Improvement

home improvement project by Adventures of Pam & FrankThere were some changes made to the tax law regarding energy efficient improvements to your home, as a part of the ARRA of 2009.  This credit is known as the Nonbusiness Energy Property Credit, and it increased some of the tax credits you could receive for making energy efficient home improvements.  The credit is available for improvements made during the calendar years 2009 and 2010 – after that the credit will revert to the old rules (unless another change is made to the law).

Here are seven things that the IRS wants you to know about the Nonbusiness Energy Property Credit, as written about in the IRS Summertime Tax Tip 2010-16:

  1. The new law increases the credit rate to 30% of the cost of all qualifying improvements and raises the maximum credit limit to $1,500 claimed for 2009 and 2010.
  2. The credit applies to improvements such as adding insulation, energy-efficient exterior windows and energy-efficient heating and air conditioning systems.
  3. To qualify as “energy efficient” for purposes of this tax credit, products generally must meet higher standards than the standards for the credit that was available in 2007.
  4. Manufacturers must certify that their products meet new standards and they must provide a written statement to the taxpayer such as with the packaging of the product or in a printable format on the manufacturer’s website.
  5. Qualifying improvement must be placed into service after December 31, 2008 and before January 1, 2011.
  6. The improvements must be made to the taxpayer’s principal residence located in the United States.
  7. To claim the credit, attach Form 5695, Residential Energy Credits to either the 2009 or 2010 tax return.  Taxpayers must claim the credit on the tax return for the year that the improvements were made.

Homeowners who have been considering some energy efficient home improvements may find these tax credits will get them bigger tax savings next year.

Photo by Adventures of Pam & Frank

Medicare supplements versus Medicare Advantage plans

Note from Jim:  I’m off on vacation this week, and so have recruited some help from my friends… today’s post is from Steven Young, CFP®.  Steven operates his Fee-Only Financial Planning practice out of Springfield, Missouri.  You can few more about Steven at his website, Steven Young Financial Planning.

As efforts to improve the Medicare insurance system progress, it seems that the confusion only gets worse.  In any given city across the U.S. there are literally dozens of insurance companies offering a hundreds of different policies to supplement, or replace the original Medicare plan. For most seniors, reaching the age of sixty five means having to confront this monster and make decisions that will greatly influence your wealth, your health and your well being.  One of the decisions to be made is; “Do you need a Medicare supplement or a Medicare Advantage Plan?” Let’s take a look at some of the differences.

Medicare Supplements

Medicare Supplement policies are designed to cover the “gaps” in coverage left by original Medicare.  These gaps include deductibles, coinsurance, co pays and extended hospital stays to name just a few. Supplement policies are sold by dozens of companies across the country and prior to 1992 all had different coverages and premiums. In an effort to make decisions easier for seniors the federal government standardized Medicare supplement plans.  The standardization makes every Medicare supplement’s benefits the same regardless of which company you purchase from. For example, if two different insurance companies offered a Plan D, the benefits would be exactly the same. The only difference would be in the plan premiums and the level of customer service. The plans were labeled with sequential letters. As of June 2010 we have plans A through N. Not every plan is available in every state and plan M and N were just recently added. To add to the already confusing topic, plans E, H, I, and J will no longer be available to buy. If you already have Plan E, H, I, or J, you can keep that plan. What plan to choose depends on how much and what type of coverage is needed.

Medicare supplements work in conjunction with Medicare Parts A and B.  When a doctor or hospital submits a bill, Medicare will approve (some of it) and pay its part. After that, the supplement will pick up whatever portion of the bill it was designed to pick up. Next, the insured is responsible for the balance, if any.  A good supplement will pick up all of the deductibles and most, if not all, of the coinsurance or co-payments.

One problem with supplements are the plan’s premiums. The premiums on a supplement can be expensive, especially for someone in good or near good health. Medicare beneficiaries in poor health or are regularly hospitalized can benefit greatly from supplements. However, paying those premiums may not be worth it for those seeing a doctor only a few times a year or only carry the insurance in case they may need it. Plus, the premiums go up every year.

Medicare Supplement Pros:

  • There are no networks.  Medicare Supplements are not HMO’s or PPOs. If a doctor, hospital or medical facility accepts Medicare, they accept all Medicare Supplement Plans.
  • No need for a referral to see a doctor or specialist. The doctors generally don’t deal with the Medicare Supplement Company, they submit their claims to Medicare, Medicare pays their part, and then Medicare sends the balance to the Medicare Supplement Company to “Pay the Rest.”
  • Medicare Supplement Insurance pays “after” Medicare pays.
  • There are generally no co-pays when services are rendered.
  • With standardization (plans A through N) you can compare prices from one company to another and know you are comparing the same exact coverage (Plan F with one company is identical to Plan F with every other company).
  • Other than the premiums, there are generally no additional out of pocket costs throughout the year.
  • Medicare Supplement Policies are “Guaranteed Renewable”. As long as you continue to make the premium payments, you can never lose the coverage.
  • If you move to another city or state, your Medicare Supplement policy moves with you.

Medicare Supplement Cons:

  • The average monthly Medicare Supplement policy premium is around $150.00.  Some Medicare Supplement companies offer BIG discounts for things such as No tobacco use, married, spousal discounts, female discounts and others. If you work through an independent broker, he/she will likely be able to help you locate a Medicare Supplement that does offer these types of discounts.
  • Even if you never visit a doctor or hospital during the year, you still pay the monthly premium.
  • Medicare Supplement policies usually do not include Prescription coverage. You need to get a separate Medicare Part-D plan to cover your prescriptions.

Medicare Advantage Plans

Medicare Advantage Plans are a result of the government outsourcing Medicare duties such as administration, claims processing etc. to private insurance companies. What actually happens here is that Medicare contracts with private insurance companies and pays them a “subsidy” (part or all of your part B premium) to take care of people in a specific geographic area. Let us say For example, that it costs Medicare $100 per senior to administer Medicare in Jackson County in Missouri. Medicare contracts with a private insurance company and says it will pay the company $75 per senior in Jackson County to administer and pay all claims coming from those qualified for Medicare. The insurance company must provide everything Medicare covers plus extra benefits. Everybody wins here. Medicare saves money, the insurance company receives more clients and the policy holder pays less for more benefits.

Medicare Advantage plans pay “INSTEAD” of Medicare.  A Medicare Advantage Plan provides Medicare-covered benefits for relatively low premiums and Medicare pays them to provide Medicare-covered benefits. In other words, Medicare Advantage Plans work in place of Medicare. Types of Medicare Advantage Plans include Health Maintenance Organizations (HMOs), Preferred Provider Organization (PPOs), and Private Fee-for- Service Plan (PFFS). Deductibles, co-pays, and additional premiums may be required for certain services and not all doctors are covered as “in network.” You typically choose your doctor from a network.

Medicare Advantage Pros:

  • Low monthly premiums (average is about $50/month) some as low as $0.00
  • They can be offered with No Monthly Premium to you, because Medicare takes your $96.40 monthly Medicare Part B premium and gives it to the Medicare Advantage Provider. Medicare also pays Medicare Advantage companies additional funds to help cover your Medicare expenses (the money that was deducted from your pay check throughout your working career).
  • If you don’t go to the doctor much, then a Medicare Advantage plan could save you more money over the course of a year than a Medicare Supplement, since the monthly premiums are generally much lower.
  • Some Medicare Advantage plans include prescription coverage. These are called MAPD plans.
  • Some include additional benefits such as coverage for dental (routine cleanings) and vision (routine checkup) health club memberships.

Medicare Advantage Cons:

  • They are NOT standardized. There are hundreds of different varieties of MA plans. Consumers really need to read the fine print to make sure they know what they are getting.
  • MA plans are NOT guaranteed renewable. The company can discontinue the plan at the end of any year. You would then need to get another plan.
  • Even if they accept Medicare, doctors do not have to accept MA plans.
  • Your primary care physician may accept the plan but a specialist that you are referred to may not.
  • Most MA plans have co-pays for almost every visit to a doctor or hospital. For example many will have something like: $20 for doctor visit. $35 for specialist, $250/day for first 5 days of hospital stay.
  • There is generally more paperwork for the consumer. Many co-pays are a percentage of the Medicare approved amount, which is not known until after the bill has been submitted to the Medicare Advantage provider, so you will be billed for your co-pay at a later date, sometime several months later.
  • If you move to another county or state, the plan you have may not be available in that area and you will need to get another plan.
  • If you have a particularly unhealthy year, out of pocket costs could reach your “Out of Pocket Maximum” which could be $4,000-$5,000 or more.

To get more help on deciding on the various options available to you visit www.medicare.gov . There you will find tools and resources to help with the decision and tame the monster. I especially found the “Medicare & You 2010 handbook” very useful.

Photo by NASA

What Does A Fidelity Target Date (Freedom) Fund Invest In?

Note from Jim:  I’m on vacation this week – hope you enjoy the following post from my friend and colleague, Roger Wohlner, CFP® who writes at the blog Chicago Financial Planner.  Roger operates his Fee-Only financial planning practice out of Arlington Heights, Illinois.

Fidelity is one of the largest providers of 401(k) plans and like many fund company platforms it is common for their plan sponsor clients to offer several or all of Fidelity’s Target Date funds known as the Fidelity Freedom funds. These funds have target dates from 2005 every five years out to 2050 with an even shorter-term Retirement Income fund. The premise behind these and other Target Date funds is that a plan participant will choose a fund with a date close to when he or she might retire, invest their contributions and let the fund manager do the rest. The funds typically lighten up on equity investments as the target date draws nearer, at some point they go to a “glide path” into retirement typically at the target year. This means the fund at that point is geared to the typical life expectancy of someone retiring in that year, the allocation allows the fund shareholder to “glide” into retirement.

There has been much controversy as to whether Target Date funds work as advertised. My purpose in writing this post is not to comment on these issues one way or the other. Rather I want to take a look at how the Fidelity Freedom Funds actually invest shareholder’s money.

The Freedom Funds like many Target Date funds are funds of funds. Each Freedom Fund has its own mutual fund ticker symbol. Unlike many mutual funds which make direct investments into individual stocks or bonds, the Freedom Funds invest in a variety of Fidelity mutual funds. Which funds and the percentage held of each fund will vary by Freedom Fund. I made a list of their underlying holdings using Morningstar’s Advisor Workstation. I then used the Fi360 Toolkit to rate these funds based on their 11 point criteria:

• Fund inception date (at least three years)
• Manager Tenure (min. 2 years)
• Minimum fund size
• 2 measures relating to fund investment style and asset composition
• Expense ratio
• 2 measurements of risk-adjusted return
• Trailing 1,3,5 year returns

All funds are rated relative to other funds in their peer group.

In looking at the 26 Fidelity mutual funds that I found as holdings of the various Freedom Funds I found the following for the ranking period ending 12/31/09:

• Three of the funds received the highest ranking of 0. This means no deficiencies, they passed all criteria.
• An additional four funds earned a score ranging from 1-25 indicating that they passed most of the criteria. This would indicate that these funds rank in the top 25% of all funds in their peer group with enough data to be ranked.
• Four funds had scores ranging from 26-50 indicating that they did not pass in a couple of areas but these funds overall rank in the top half of their respective peer groups based upon the ranking criteria.
• Five of the funds had a ranking in the 51-74 range indicating that they were deficient in several of the criteria and overall place in the lower half of their peers with enough history to be ranked.
• One fund had a score of 87 meaning that it was deficient in most areas and ranked in the bottom 13% of its peers. A ranking in this range indicates that strong consideration should be given to replacing such a fund.
• Nine of the funds did not have enough history to be ranked. These funds are all Fidelity Series funds. This appears to be a new group of funds that Fidelity has designed for use in their Freedom Funds. The funds all have anywhere from a month’s worth of history out to about a year. They would flunk the inception date test for the amount of time the fund has been around. These may ultimately prove to be good funds over time, but as an advisor I am generally loath to invest client money in new, untested funds unless there is a compelling reason to do so.
• Noticeably absent from the underlying funds within the Freedom Funds are any of Fidelity’s low cost core index funds covering areas such as the S&P 500; total domestic stock market; international equities; or their total bond market index fund. These are by and large solid, low cost holdings. Also absent are several top Fidelity funds such as Contra, Low-Priced Stock, and others.

In their defense of the 11 numbered Freedom Funds, 10 earned a score of 0 for the most recent ranking period and the other one earned a top quartile score of 20. Keep in mind; however, these rankings are within the target date peer groups via Morningstar. All of these groupings have a small number of funds and there is not a lot of history in some cases. A really good or really bad quarter or two can skew a target fund’s relative ranking. Additionally the peer groupings have changed and been revamped at least twice in the past several years.

Should you invest in these funds? As a plan participant you need to understand the fund’s investment philosophy, the glide path concept, and the fund’s underlying investments. Remember just because a particular fund has a target date closest to when you might retire, you can go with a closer date fund if you want to be a little less aggressive or a longer-dated fund if you want to be a bit more aggressive.

Plan sponsors it is incumbent upon you to monitor the Target Date funds in your plan as closely as you would review any plan investment choice. In the case of a Fidelity plan you may or may not be limited to the Freedom Funds.

Again I am not saying the Freedom funds are good or bad. Clearly they did well relative to their peers in 2009. Participants and Sponsors need to understand these funds and what they can and cannot offer.

Photo by Paul Keleher

Paying Off Your Debts Using 401(k)

lets go by HeadOvMetal Note from Jim:  I’m on vacation this week, and in my absence I’ve had a few folks volunteer articles.  This is a guest post by Jack Reed of fileyourbankruptcy.org. He offers advice on various debt related issues with special focus on bankruptcy.

Being in debt can be extremely stressful. Thousands of Americans are resorting to debt settlement services to reduce their debt burden. If you think that your debts are a major hindrance to securing financing for major purchases, then you might consider reducing your debt load by borrowing against your 401k. More and more people are looking at their 401k as an option to get out of debt. The best advantage that you get by doing this is that 401k loans are not normally reported to credit bureaus. Read on to know how you can go about it.

1) Approach your employer: First of all, you need to make sure whether you qualify for the loan. Read carefully the 401k plan description that you have with your employer. There are different types of plans; some allow you to take the loan while some will require you to pay a certain amount. Go through these plans to check your possibility of getting a loan against the money in your 401k.

2) Borrow only as much as you need: Withdraw just as much as you need to pay off your debt. Some plans might restrict you to take out just one loan at a time and you will not be allowed to use your 401k fund until you clear your first loan completely. If you are under 59½ years of age, then withdrawing from your retirement savings plan will invite penalties. Though you can evade these penalties, you may be required to draw money in annual installments and that will not be beneficial if you intend to make monthly payments on your debts.

3) Do the necessary paperwork: Ask your employer to provide you with the required paperwork and fill it up. You also have an option of logging into your 401k account online. After your loan gets authorized, you should receive a check in your mail from your plan account as a confirmation. Now you can pay off your debts using this money.

4) Repay the loan: Make a determination to replenish your 401k account if you have taken money directly from the plan. If you have borrowed money from your employer, then he normally adjusts by deducting money from your salary accordingly. If you fail to replace what you took, you will owe income tax on the money borrowed plus incur a 10% penalty if you are not at least 59½ years old.

5) Hardship withdrawals: Some plans permit you to withdraw funds if you are under financial hardship. But remember, once you take the money out of your plan using a hardship withdrawal, you can’t put it back in and you lose the tax advantage on those funds forever.

Your decision to use 401k money to pay off your debts is completely a personal issue. There are mixed reactions to it. Some advise against it while others who have benefited from it will encourage you. Remember that the purpose of your 401k plan is to provide for you in your golden years and being careful with your decisions will ensure that you do not compromise with your post-retirement happiness.

Photo by HeadOvMetal

Medicare is Not Automatic

automatic electric monophone 40 by alexkerheadIf you’re nearing age 65, there’s something you need to know:  unless you’re currently receiving Social Security benefits (having filed early), you need to take action to make sure you receive your Medicare benefits in a timely fashion.

Timing

What this means is that you need to sign up for Medicare three months prior to your 65th birthday – and if you’ve forgotten, you need to sign up within the period from three months before until four months after your 65th birthday.  By signing up during that seven month period, your coverage will begin during the first of the month in which you turn 65, and you’ll begin being billed for Medicare Part B.

If you fail to sign up during that seven month window, you’ll have to wait until the next general enrollment period, which is January 1 through March 31, and your benefits won’t begin until the following July 1 – plus you may be assessed a 10% penalty on your Part B premium for each year that you’ve delayed signup.

Exception

If you happen to still be employed and are receiving your medical coverage at least as good as Medicare, you’re not required to enroll and won’t be penalized for delaying.  After your employment ends (and thereby the medical coverage), you have a special eight month enrollment period when you can sign up for Part B without penalty.

If you sign up while still covered by the employer plan or in the first month after the coverage ends, your benefits will begin on the first day of the month that you enroll.  If you enroll at any time after that but during the following seven months remaining in the special enrollment period, your coverage will begin on the first of the following month.

Just like the other enrollment period, if you delay until after it has expired you’ll need to wait until the next general enrollment period to enroll and your coverage won’t begin until July.

Photo by alexkerhead

Valuation for Roth IRA Conversions

Valuation_02_1You’ve read all about Roth IRA conversions, and you know a lot about the questions that one must resolve in order to make one of these conversions work out for you.  Have you considered how the valuation rules will impact your decision process?

Valuation of your IRA

If you have IRAs that contain both pre-tax and post-tax contributions and you’re looking to take a distribution (such as for a Roth Conversion), you know that you have to look at all IRAs in aggregate in order to determine what amount of the distribution is taxable and how much is tax-free.  But when do you determine the valuation of the account?

It’s kinda tricky – and probably not what you were thinking.  Your IRA balances are determined as of the end of the tax year in which the distribution occurs – so if you make your distribution in 2010, the balance as of 12/31/2010 is what is used to determine your IRA balances.  This amount will include any amount that has been distributed to you, either in the form of a cash payout, or as a conversion to a Roth IRA.

For example, if you had two IRAs, one that is completely taxable (all deductible contributions and growth), totaling $20,000, and the other is made up of $10,000 in non-deductible contributions and $10,000 in growth and other deductible contributions.  The total value as of December 31 of these two accounts is $40,000, with $10,000 being non-deductible or after-tax contributions.  So any distribution you made during the tax year from either of these IRAs would be 25% tax free (since 25% of the accounts is after-tax).

Simple Enough, Right?

Well, maybe not.  The problem with the valuation method comes in when you consider what happens over the course of the year – especially if you’ve made a distribution early in the year.

How about if you had the accounts mentioned above in the example, except that the values were as of January 15, rather than December 31.  You enact the conversion at that time… and then time goes on, and your investments perform as they might throughout the year.  Then on December 31 your IRAs are now worth a total of $50,000 – and your non-taxable portion is still only $10,000.  Since this has occurred, now only 20% of your conversion will be tax-free, which may make a difference in your computations.  In this case you have the comfort of knowing that your original conversion amount may have grown in value (assuming similar growth in all accounts), so the new growth since the conversion will receive tax-free Roth treatment.

And what if, after the conversion your accounts reduce in value?  From our example, as of December 31 the accounts are now worth a total of $30,000.  This means that a higher percentage of your conversion distribution was non-taxed, a total of 1/3 at this point.  This might be to your advantage (less tax paid) but it also might mean that you’re paying tax on an amount greater than the value of your accounts – especially if your account(s) downturn continues.  In a case like that, you have until October 15 of the following year to recharacterize the conversion in order to not have the tax bill on the lower amount.  (You can learn more about recharacterization in the article “Help Mr. Wizard – I didn’t wanna do a Roth Conversion!”)

So as you can see, the timing of your conversion versus the timing of the valuation of your IRA accounts can have a large impact on the way your Roth Conversion plays out for you.  Consider this information wisely as you plan your conversion strategy…

Photo by Wikimedia

Principles of Pollex: Debt Reduction

thumbprint_person_face-t2(In case you’re confused by the headline: a principle is a rule, and pollex is an obscure term for thumb. Therefore, this on-going series is all about Financial Rules of Thumb.)

Try as we might, there are times when debts just overtake us.  Quite often it is one of several things that causes this to happen – either we’ve had unexpected expenses hit us “alla sudden-like”, or perhaps a layoff or lean time with income.  Or maybe we just didn’t pay attention and debt grew out of control.

How’d I Get Here?

The reason we’re in this position is important, because we can’t let the debts continue to increase – so the first order of business in reducing your debts is to stop the bleeding.  Figure out what the cause of the debt was, and work out a way to stop increasing the debt (if possible).  If it’s just regular spending, shopping and the like, you need to get a handle on your outflows, or come up  with a way to increase your income so that you’re not adding to the debt load.  Whatever the cause of the debt in the first place, you need to stop it from increasing.

After you’ve stopped your debt from increasing, it’s time to come up with a plan to start reducing the debt load.  In order to do this, we go back to the time-honored method of Organization, Efficiency, and Discipline to work through the debt reduction.

Organization

To start off with, you need to Organize.  List all of your debts, including the balance, interest rate and minimum payment for each.  You can do this on a sheet of tablet paper, or on a spreadsheet like Excel or Google docs.  By doing this, you can tally up your total amount that you owe, as well as how much your monthly cost is at a minimum.

For many folks this is the first time they’ve put it all together in one place, and it can be a bit scary.  What’s important is that now you know where you are… and of course, where you’re going is to take that balance down to zero.  It becomes a matter of filling in the space in between.

One way to do this is to just make the minimum payments every month, and eventually you’d pay it all off.  But there are better ways to go about this, more efficient ways, if you have a little extra to pay each month above the minimum.

Efficiency

Let’s use an example – say you have three debts, totaling $200 each, at rates of 10%, 15%, and 20% respectively.  These three debts each have a monthly minimum payment of $10 each.  If you paid the minimum on each debt every month, you’d pay off the 10% debt in 24 months, the 15% debt in 26 months, and the 20% debt in 27 months.  But let’s say you have a total of $40 to apply toward debt each month…

If you split the $40 evenly between the debts, now your 10% and 15% debts would be paid off in 19 months and the 20% debt in 20 months.  Pretty good deal, right?  You’ve shaved 8 months off the time to pay it all off.  But there’s a better way to do this.

What if you took the extra $10 and paid it toward the highest rate first?  Now the 20% loan would be paid off in 14 months.  Then, if you took the $20 that you’d been paying toward the 20% debt and added that to the $10 minimum that you’d been paying on the 15% debt (total payment now is $30), that debt would be eliminated by the 17th month.  Adding that $30 to your 10% debt payment, you’d be finished paying off that debt by the 18th month.

Not only have you shortened the timeline by a month, but by paying the highest rate debt first, you’d reduce the overall cost of the debt.  This method is known as a “debt snowball”.

Discipline

The debt snowball will only work if you stick to it… and the whole idea of debt reduction requires discipline in order to make it work.  If you start off on the project and free up some of your credit line, only to build up the debt again, you’ll be back to square one before you know it.  This is why I mentioned at the start that you need to understand how you got into this debt position in the first place.  If you’re simply spending far more money than you can bring in with your income, you have to figure out a way to fix that situation.  There is no way to resolve this problem without either bringing in more money or reducing your expenditures.

Photo by Photos8.com

Additional Social Security Resources

swamp_leaves-t1There are a few resources, above and beyond the guides available at socialsecurity.gov, that I’ve located for you – to help you as you make decisions and learn about your Social Security benefits.  The good folks over at the Center for Retirement Research at Boston College have developed several resources that you can find at their website.

Specifically, there is a guide to help you as you face the decision of when to apply, called the Social Security Claiming Guide.  This electronic booklet provides you with all the background information you need – as well as answering some of the common questions that arise with this process.

The other publication of note at this website is called the Social Security Fix-It book.  In this guide you’ll find a review of the overall Social Security system, what’s presently wrong with it and what the future looks like, as well as several alternatives that could be put in place to fix the system.

Happy reading!

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A Terrible, Terrible Idea

christopher robin and the terrible horrible no good very bad day by CarbonNYCMy thanks for Natalie Choate for analyzing and pointing out the following information.  Ms. Choate is truly a rock star in the world of IRA law, and much gratitude is owed to her by those of us in the financial community for her thorough analysis and commentary that she provides on such matters as this.

If you live long enough, you’re liable to see just about anything… the following is an example of the most extreme example I’ve ever heard of for using the tax law to your own advantage, deliberately flaunting the law for purposes of evading tax.

The Facts

If you intentionally over-fund your Roth IRA, above the amount that you’re allowed to contribute for the tax year.  The tax law allows you to remove the excess contribution by October 15 of the year following the year of contribution.  If you do not remove the excess contribution (and the gains associated with it) by that point, you will be subject to a 6% excise tax on the excess contribution until the situation is rectified.

The situation can be rectified by either crediting the excess contribution to a future years’ contribution, or by withdrawing the excess amount prior to the deadline for the following year.  Each year that you do not rectify the over-contribution you will be subject to the excise tax.

The Anomaly

If you do not remove the excess contribution and the growth associated with it by October 15 of the year following the year of contribution, once you’ve been assessed the excise tax, your rectification is only required to the extent of the excess contribution – not the growth associated with it.  The growth is no longer considered (under present tax law).  In other words, you can rectify the excess contribution at that point by simply removing the excess, but the growth doesn’t have to be removed.

If you’re following the way this is working, you’ve probably figured out the gist of the “idea” we’re talking about here.

The Terrible, Terrible Idea

Here’s an example of the bad idea in play:

Let’s say you have no Roth IRA at all, but you have $20,000 that you’d like to invest.  Furthermore, you don’t have compensation that would make you eligible to contribute anything to a Roth in the first place.  Ignoring all convention, you open an IRA and contribute the $20,000, investing it in the latest hot stock.  October 15 the following year rolls around, and your hot stock has doubled in value.  (It should be noted that if your hot stock didn’t do so well, such as losing money, you could pull it out now and walk away with no consequence.)

Under the normal conventions, you could withdraw the entire $40,000 (your contribution plus your gain), but you’d have to pay ordinary income tax on the gain of $20,000.  Doing this, you’d avoid the excess contribution 6% excise tax, $1,200.

However, in this terrible, terrible idea, you decide to wait until after October 15, and pay the excise tax on the over-contribution.  Now you have three choices:

  • If you’re otherwise eligible for contributions to the Roth in the current year, part of the excess contribution can be used (credited) as a regular contribution.  You would then be subject to the excess contribution tax on the remainder of the over-contribution until it’s been used up by future credits (this is one of the right things you could do).
  • If you’re not eligible for the contributions, you could withdraw the excess contribution at this point, along with the growth in the account, paying ordinary income tax on the growth.  This is the other right thing you could do.
  • If you’re up for a challenge (and possibly jail time), you could withdraw only the excess contribution and leave the growth in the account to grow tax free for the rest of your life.  It probably won’t do you a lot of good in Alcatraz, though.

The Reason This is a Terrible Idea

The IRS is never in favor of kooky tricks like this that don’t work as the law intended.  So what might happen?  Well, the IRS could review your IRA account and disqualify it completely, on the basis that the custodian should never have allowed the excess contributions in the first place.  In this manner, you’d be subject to tax on the growth in the account and the whole account would be null and void.  Your IRA custodian is likely to be in hot water as well, as this would be a violation of the basic rules of IRAs.

Since the entire concept of the ability to withdraw the excess contribution is designed to help taxpayers resolve an honest mistake, abusing this provision is likely to be soundly disallowed.  If the facts were known, (which they would be discovered eventually), the IRA is likely to be disallowed completely, and the abuse is likely to carry with it severe penalties.

The IRS doesn’t presently have remedy for the situation – and in the case where you honestly make a mistake and elect to leave the funds in the account (crediting against the current year, as in the first bullet point above) – it wouldn’t be too much of a leap for the IRS to disqualify distributions from the gains.  This would become especially so if the activity I’ve described becomes a rampant abuse.

It’s best to follow the rules as intended and leave well enough alone.

Photo by CarbonNYC

Tax Benefits for Job Hunting

5 santasThe IRS recently published their Summertime Tax Tip 2010-04, entitled “Six Tax Benefits for Job Seekers”, with some good tips that you should know as you go about your job hunt.  The text of the actual publication from the IRS follows, and at the end of the article I have added a few additional job-related tax breaks that could be useful to you.

Six Tax Benefits for Job Seekers

Many taxpayers spend time during the summer months updating their resume and attending career fairs.  If you are searching for a job this summer, you may be able to deduct some of your expenses on your tax return.  Here are six things the IRS wants you to know about deducting costs related to your job search.

  1. To qualify for a deduction, the expenses must be spent on a job search in your current occupation.  You may not deduct expenses incurred while looking for a job in a new occupation.
  2. You can deduct employment and outplacement agency fees you pay while looking for a job in your present occupation.  If your employer pays you back in a later year for employment agency fees, you must include the amount you receive in your gross income up to the amount of your tax benefit in the earlier year.
  3. You can deduct amounts you spend for preparing and mailing copies of your resume to prospective employers as long as you are looking for a new job in your present occupation.
  4. If you travel to an area to look for a new job in your present occupation, you may be able to deduct travel expenses if the trip is primarily to look for a new job.  The amount of time you spend on personal activity compared to the amount of time you spend looking for work is important in determining whether the trip is primarily personal or is primarily to look for a new job.
  5. You cannot deduct job search expenses if there was a substantial break between the end of your last job and the time you begin looking for a new one.
  6. You cannot deduct job search expenses if you are looking for a job for the first time, or if you are looking for a job in an entirely new occupation or career.

In addition to all that…

It’s important to know that you have some other job-related tax breaks which you can take advantage of…

Moving Expenses – if you move to a new home for your employment, either a new job or just being transferred in your current job, you might be able to deduct your moving expenses if:

  • the move is closely related to your start of work in the new location
  • your new work location is more than 50 miles farther away from your old home than the distance from your old home to the old work location.  In other words, if your old workplace was 7 miles away from your old home, your new workplace must be at least 57 miles away from your old home.
  • you must continue to work in the new location for at least 39 weeks during the 12 months after the move.  If you’re self-employed you must also work in the new job for 78 weeks during the 24 months following the move. (There are exceptions for disability, layoff, transfers, and other situations.)

You may include the cost of transportation and storage of your household goods for up to 30 days, as well as travel and lodging from the old home to the new home (only one trip per person).

Unreimbursed Employee Business Expenses – certain expenses related to your job that are not reimbursed by your employer can be deducted.  Some examples are:

  • Dues to professional associations and chambers of commerce if work related and entertainment is not one of the main purposes of the organization.  Any part of the dues that is related to lobbying or political activities is not deductible.
  • Educational expenses related to your work.  These expenses must be required to maintain your current job, serving a business purpose of your employer, and not part of a program that will qualify the taxpayer for a new trade or business.
  • Licenses and regulatory fees.
  • Malpractice insurance premiums.
  • Office-in-home expenses (subject to quite a few qualifications)
  • Phone charges for business use (but not the cost of basic service for the first phone in a home)
  • Physical exams required by the employer
  • Protective clothing and safety equipment required for work, as well as tools and supplies required for your job
  • Uniforms required by your employer that are not suitable for ordinary wear
  • Union dues and expenses

This is not an exhaustive list – you can find more information by going to the IRS website at www.IRS.gov.

Photo by Richard Croft
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