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Required Minimum Distributions for IRAs and 401(k)s

This is one of those subjects that can be a bit confusing – and it’s based on the rules that apply to the different kinds of plans.  You are aware that you’re required* to begin taking Required Minimum Distributions (RMDs) once you reach age 70½ – but did you know that specifically which account you take the RMD from has some flexibility?  Well – not just flexibility, also some rigidity…

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There is a Difference Between IRA and 401(k)

Starting off, we need to understand that, in the IRS’s eyes, there is a big difference between an IRA and a 401(k).  For brevity, we’re referring to all sorts of Qualified Retirement Plans, such as 403(b) or 457 plans, as 401(k) plans. You may consider the two things to be more or less equal, but if you think about it, there are considerable differences between the two – amounts you can fund the account with each year, catch-up arrangements, who can defer funds into each kind of plan, and the list goes on.

A 401(k) plan, being an employer-provided retirement plan, has a completely different set of rules governing it – including provisions that go all the way back to the original ERISA legislation.  Among those rules are the rules about RMDs.

On the other hand, the IRA is not covered by ERISA, and as such there are other rules that apply to these arrangements – including the RMDs.

We don’t have nearly enough space here to go over everything that is different between these two types of plans, but we’ll cover the RMD treatment fairly well.

Required Minimum Distributions (RMD)

Each and every 401(k) plan that you own is treated as a separate account in the eyes of the IRS.  As such, if you have four old 401(k) plans when you reach age 70½, you will have to calculate and take a separate RMD from each 401(k) plan that you have.  In other words, you couldn’t aggregate all the plans together and take one RMD from one of the accounts that is large enough to cover all the RMDs.  In addition, you have to consider each account separately and figure out how much of each RMD is taxable, if you have post-tax dollars in the account(s).

However, no matter how many IRAs that you have, since the IRS looks at these plans as one single plan, you are allowed to pool all of the account balances together, calculate the RMD amount, and then withdraw that amount any single IRA account or any combination of accounts.  Your tax basis is aggregated as well, so the tax treatment is a consideration for the entire pool of your IRAs in total (rather than account by account as is the case with 401(k) plans).

Example

You have two old 401(k) plans and three IRAs.  This is your year, you’ve reached age 70½, so you have to start taking RMDs.  How do you do it for these five accounts?

Each 401(k) plan has to be calculated separately – and a RMD taken directly from each account.  But you can pool the IRA account balances together and take one RMD from one of the accounts that is large enough to cover all three accounts’ minimum distribution.

This is another reason why it can be helpful (from a paperwork standpoint, if nothing else) to rollover your old 401(k) plans into IRAs.  By doing this, you don’t have to take a distribution from, in the case of the example above, three different accounts at a minimum.

* One final note: if you are still working at and after age 70½ and your 401(k) plan allows it, you may not be required to take RMDs from the account.  This is yet another difference between IRAs and 401(k)s with regard to distributions.

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NUA and the Roth Conversion

comte by kthreadYou may or may not be familiar with the concept of Net Unrealized Appreciation (NUA) as it relates to company stock owned in your 401(k) plan.  Click the link to get a rundown on it if you’re not familiar with NUA.

Briefly, when you take distribution from your 401(k) you can rollover everything but the company stock (your company) to an IRA, and then put the company stock in a taxable account.  By doing this, you pay tax only on the basis of the company stock, and in the future you will only have to pay capital gains tax on the sale of the company stock, rather than ordinary income tax as you would if the company stock (or the proceeds) were in a traditional IRA.

Now, let’s toss in the Roth Conversion concept – you pay tax on the amount that would be otherwise taxable if the distribution were in cash, but you place the funds in a Roth IRA account, and you don’t have to pay tax on it in the future at all (as long as you meet the qualifications).

How do these two concepts work together?  Well, at one time, it was thought that you could work both sides of the coin and utilize the loophole:  if you converted the company stock directly to the Roth, it seems that you would only have to pay tax on the basis of the stock (per NUA rules), and then never have to pay tax on the capital gains.  This is because the stock is held in a Roth IRA.

Not so fast, though.  The IRS figured this out pretty quickly after the rules for conversion from a qualified plan to a Roth IRA were put into effect in 2009.  For this specific circumstance, you must treat the Roth conversion from a qualified plan as if it were first rolled over to a traditional IRA, and then converted to a Roth IRA.  The one exception to the way this is handled is that you only have to consider the qualified plan’s funds that you’re converting – rather than all of your IRAs as you would normally (cream in the coffee rule) – for tax purposes.

This results in your having to pay ordinary income tax on the entire value of your company stock holdings if you do such a conversion (rather than just the basis).  So it may still be to your benefit to enact the NUA rule and put the company stock into a taxable account rather than an IRA – but you’ll have to run the numbers to figure out if this will work best for you.

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Lifetime Income Disclosure

lifetime supply by Christina Welsh (Rin)There is a piece of legislation hanging around in the Senate that makes a good deal of sense, and really shouldn’t cause too much grief to implement in the long run.

This particular bill, introduced by Senators Bingaman (D-New Mexico), Isakson (R-Georgia), and Kohl (D-Wisconsin), is called the Lifetime Income Disclosure Act, and it proposes that the administrators of ERISA-approved retirement plans provide for their participants a disclosure of the “annuity equivalent” of the total benefits that each participant or beneficiary has accrued within the retirement plan.

What this means is that, for likely the first time for most folks, an estimate would be provided to them with their statement that outlines what that lump sum means in terms of real, annualized income replacement in retirement.

Specifically, the government would establish certain assumptions about the annuity value of a lump sum, given the participant’s age, and from those assumptions a lifetime income stream valuation would be derived.

This could be an important provision giving folks an eye-opener into what they could expect from their 401(k) plan when they retire.  Most folks won’t actually purchase the annuity described for many reasons, one being that in order to purchase an annuity you must deal with an annuity salesman.  But this illustration of the potential income value is a good step in the right direction for folks to gain a better understanding of their present position.

Of course, just knowing this fact won’t necessarily resolve our retirement savings shortfalls, but maybe it would help to inspire folks to save more and spend a little less.  Every little bit can help.

If you agree with me that this provision makes sense and if you’re inclined to do so, write or call your representatives in Congress and tell them so.  Unless you speak up, they won’t hear you.

Photo by Christina Welsh (Rin)

Staging Your Roth IRA Conversion

on stage at carnegie hall by sun dazedSo you have a substantial IRA (or several IRAs), and you’ve retired.  For the first time since you started your career, you’re in a low tax bracket.  You’re not age 70½ just yet, so you don’t need to concern yourself with Required Minimum Distributions (RMDs).

But then again, maybe you should concern yourself with those Required Minimum distributions…?

Think about it – you’re in a good place, tax-wise, and your IRA money is bound to continue to grow over time.  You are getting along just fine with your pension, Social Security, and other investment income.  This is the perfect time to strategically reduce your future tax bite.

Staging the Roth IRA Conversion

Let’s say for example that your taxable income puts you in one of the lowest tax brackets… say 15% or 25%. You have some “headroom” left in the bracket to spare, meaning that you could realize some additional income without bumping up to the next bracket.  The amount doesn’t seem like a lot, but since you’ve got a few years before you reach age 70½, little by little you could be reducing (or eliminating) the amount of RMDs that you’ll be forced to take later on.

Each year you can convert an amount from your IRA to a Roth IRA that will bring you just up to the top of your tax bracket (but not over).  By doing this, you’re controlling the flow of the money at a point when you can afford to, rather than having income forced on you when you don’t want it.

Then, when you reach age 70½, you have either reduced your IRA down to an easily-manageable amount for RMDs, or completely eliminated the IRA altogether, and the RMDs with it!  Now you don’t have to worry about taking RMDs from the funds that you’ve transferred (converted) to the Roth IRA – and if you want to take money out of the Roth IRA, you can do so tax free!

The funds in the Roth IRA can continue growing over time, and you don’t have to worry about paying tax on the growth at all.  You paid tax at today’s rates and today’s value of the old IRA account before all of that future growth occurred.

If you don’t have a need for the funds in the Roth IRA, you will never be required to take the money out – and your heirs can stretch out the tax-deferral over many years.  This can amount to some very substantial tax savings!

The Downsides

There are a few downsides to such a strategy.  As you convert funds from your IRA to your Roth IRA, the increase in your income for taxable purposes has some additional impacts that you need to keep in mind.  Increasing taxable income can increase the amount of your Social Security benefit that is taxed, for one thing.

Another is that, as your income increases, so does your Adjusted Gross Income (AGI), which controls a lot of your deductions, such as medical expenses.  Your medical expense deduction is limited to any amount greater than 7.5% of your AGI.  If you increase your AGI by converting IRA funds to a Roth IRA, you’ll effectively reduce the amount of your medical deduction by 7.5% of the amount you convert.

In addition, you need to come up with a source to pay the tax – either from your IRA (thus reducing the potential Roth IRA and its potential for growth), or from other investment accounts, which will reduce the available funds from there.

Photo by sun dazed

IRA Cross Loans – Don’t Even Think About It

fluff it up by Axel BührmannOnce again in the category of terrible things you can attempt to do with your IRA, there is the concept of a “cross loan” from your IRA to another, unrelated party.

You know from previous articles that it’s not allowable to transact business with disqualified persons.  Therefore, you can not take a loan from your IRA to finance your business.  But what if you came to an agreement with someone else not related to you in any way, who is not a disqualified person, to loan money from your IRA to finance her business, while she loans money from her IRA to finance yours?  Whatever could go wrong with this?

While the technical provision of transacting business with a disqualified person has been avoided, there’s a small problem with the plan.  There is another test that prohibits the IRA owner from receiving an indirect benefit from a transaction.  In the case of the cross loans, there is an indirect benefit in that one loan facilitates the other – and the IRS would figger this out before you could say “Bob’s your uncle”.

Entering into such a series of loans would most likely result in both IRAs being disqualified and taxable immediately.  It should be noted that this would likely be considered a prohibited transaction if the second loan was from another source besides an IRA, since the indirect benefit would still have come into play.

Photo by Axel Bührmann
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