IRAs… Yes, This Will Be On The Test

WE’LL GET THERE WHEN WE GET THERE… DON’T MAKE ME STOP OR SO HELP ME…

WOULDN’T IT BE NICE IF WE WERE OLDER?
THEN WE WOULDN’T HAVE TO WAIT SO LONG
AND WOULDN’T IT BE NICE TO LIVE TOGETHER
IN THE KIND OF WORLD WHERE WE BELONG?

WOULDN’T IT BE NICE, BEACH BOYS

Financial security was probably not what The Beach Boys were singing about. But wouldn’t it be nice to have a few bucks of your own? A little independence? Isn’t that “the kind of world where we belong”? Maybe not completely relying on Social Security?

You choose from two types of Individual Retirement Account: Traditional or Roth. Traditional IRA, you deduct contributions when the money goes in and pay income tax on distributions when the money comes out. Roth IRA, you pay tax on contributions when the money goes in and do NOT pay income tax on distributions when the money comes out.

Concerned about skyrocketing income tax rates? Roth IRA for you! Want to dump more money into the account now and worry about taxes later? Traditional IRA at your service.

How to make it happen? Middle class workers and savers (that’s you) have been pumping money into tax-advantaged accounts since the 1980’s. How much? Nobody seems to know for sure. Probably somewhere between 30 and 40 trillion dollars. And even today, that’s real money. So how can you get into the game?

You Must Have Earned Income

Only folks with “earned income” get to contribute to an Individual Retirement Account. Did you get a W-2? Then you have earned income. For sure. No question. “Safe Harbor.” But nowadays, in this “gig economy” many folks are getting Form 1099s for earned income. Hello UBER drivers! Earned Income includes wages, salaries, commissions, self-employment income, taxable alimony. Earned Income does not include rent, royalties, annuity payments, pension, deferred comp.

How much can you contribute? All of your “earned income”… up to the contribution limit. For 2021 (no change from 2019 or 2020) the contribution limit is $6000, $7000 if you are 50 years old or more.

But If You Have Too Much Earned Income — No Roth For You!

You worked your butt off. Income tax biting hard. But you see even higher taxes on the horizon… Wouldn’t it be nice to dump some dough into a Roth and not worry about those higher taxes? Obviously. But you poor sap… if your income is over $124,000, your contribution is limited. And if you make more than $139,000, you are skunked! No Roth at all! Really? Nope…

Too Much Earned Income and Still Get the Roth? How Can This Be?

You put in the overtime. You worked a second job. You sold GRIT, greeting cards, and flower seeds door-to-door. Too much income! You cannot have a Roth! Or can you?

You paid the income tax. You are not eligible for a Traditional IRA income tax deduction. You are not eligible for a Roth. Now what?

Your income is “too high” for a Roth. (Hello doctors, nurses, foremen, engineers!) But you can still make contributions to a Traditional IRA. Taxable contributions. Contributions that are NOT tax deductible. How much can you contribute? Same as anyone else, see above. The difference is that you cannot take an income tax deduction for those contributions.

OK. So now you put the maximum leftover money into a Traditional IRA. “How does that help with the Roth?”, you ask. Good question. The answer is that you can convert a Traditional IRA that was established with taxed money into a Roth IRA. You can even convert untaxed IRA money into a Roth, if you pay the income tax. You can do this…whenever you want.

“Allowable conversions. You can withdraw
all or part ofthe assets from a traditional
IRA and reinvest them (within 60 days) in
a Roth IRA. The amount that you withdraw
and timely contribute (convert) to the Roth
IRA is called a conversion contribution.”
IRS Pub. 590-A, page 27.

To Sum It All Up: You cannot establish a Roth IRA because you have too much income. But you can still establish a Roth IRA anyhow, despite too much income, if you take this extra step.

I told you this stuff was nuts. Believe me now?

I Do Not Work Outside the Home, But I want to Retire Too… Can My Spouse Contribute to My IRA?

Yes! Even if you do not work for money outside the home, your spouse can contribute on your behalf. Yay domestic partnership! Wedded bliss!

Just like your working-for-money spouse, you can put $6000 per year into your own IRA. And beginning when you are 50 years old, you can put an additional $1000 per year into your IRA. Pretty great!

Beware: All the same rules for income, retirement plans, contribution limits and so on apply to you as to your working stiff spouse. Sauce for the goose, sauce for the gander. Same rules apply to both. Including that Traditional to Roth Conversion thing that nobody can believe actually works. But does!

Can I Get Deductions for My IRA Contributions? Elementary My Dear Watson! If This Stuff Were Easy, Everybody Would Do It

RULE #1 You can never deduct contributions to a Roth IRA. Remember, the whole point of a Roth is pay tax NOW so no tax LATER.

RULE #2 You can always deduct contributions to a Traditional IRA, no matter how much income. Within the $6000 + $1000 limits. Unless you or your spouse are covered by an “employer retirement plan.”

If your employer sponsors a retirement plan, your IRA contribution will be limited or eliminated by the “Deduction Phaseout.” Limited or Eliminated. Depends on how much income you have. Same deal, but different limits if your spouse’s employer has a retirement plan. It gets complicated.

So, pick yourself up a copy of IRS Publication 590-A, Contributions to IRAs, for today’s numbers. Only 60 pages long, IRS Pub. 590-A is riveting reading. And if 590-A does not put you to sleep, may I suggest IRS Publication 590-B, Distributions from IRAs. A real page-turner! Sixty-six pages, that is…

Wondering if you are covered by an employer plan? Your W-2 Form has a box for that. If it is checked, you are covered.

You cannot deduct, but still want to contribute to your traditional IRA? File IRS Form 8606 with your tax return to fess up!

Changes in Tax, Medicaid, Business and Other Laws Make Lifeplanning™ a Necessity for Any Middle-class Family to Succeed

You have built a significant and successful life and family.

Of course, your success comes from hard work and talent. But continued success depends on how quickly one can respond to life’s changes.

And, as I am sure you are keenly aware, circumstances are putting pressure on the entire American middle class, and middle-class seniors in particular. I am referring, of course, to the frustrating jumble of COVID laws and executive orders, along with the trillions of social spending draining Medicare and Social Security trust funds. Not to mention today’s financial turbulence.

First, the infamous executive orders that required nursing homes to admit vulnerable seniors with COVID. Only 16% of Americans are over age 65. Yet according to the Centers for Disease Control and Prevention, this small group suffered 78% of all COVID deaths. The number goes to 94% when people over age 50 are included.

Hyper-inflation is already back. You are already paying double at the gas pump. I shudder to think what your heating bill will look like this winter.

With Congress and the President shoveling money out the door, how will Social Security and Medicare survive? You already know that their priorities are not your priorities.

Hence the necessity to recognize these new realities – threats, even – and act accordingly, by increasing awareness, effectiveness, and avoiding nursing home poverty. You can live your best possible life and still be justly proud of the legacy you leave.

LifePlanning™, of course, cannot be the only solution to all this, but it is definitely an important part of it.

And let me emphasize one highly relevant fact.

Pressed by the need to get legal advice and documents quickly and cheaply, a few seniors (and their kids) have started using some of the free resources available on the Internet. This “shortcut” may all too easily result in great financial and medical losses to the detriment of your wealth and health.

Quite an unnecessary risk, given the availability and affordability of a comprehensive, cost-effective, personalized solution like LifePlanning™.

The benefits of this approach are so clear and overwhelming that thousands of families and hundreds of millions of lifesavings have already been protected.

Nevertheless, I doubt if anyone in your family will appreciate its value and implications better than you.

Nothing is more compelling than evidence. Go to the website: www.davidcarrierlaw.com. A quick review will take only a few minutes.

If you like what you see, call our LifePlan™ Hotline at 800-317-2812 or email me at david@davidcarrierlaw.com for an online or live Workshop. In a very short time indeed, you and your family can verify the claims I have made.

Success in life has always depended on knowledge. Those who are better informed, or informed before others win for themselves and their families. That is really the overwhelming reason why LifePlanning™ is not just important but, I believe, essential.

Why not invest 5 minutes and see for yourself?
(800) 317-2812

The post I Want to Reture Some Day… Can I Contribute to an IRA? appeared first on Carrier Law.

USEFUL, WHO SAID ANYTHING ABOUT USEFUL? GOOD THINGS TO KNOW!

SPOUSE DIED: TRAGIC, UNAVOIDABLE TOO MUCH TAX ON IRA: TRAGIC, UNNECESSARY

YOUR SPOUSE DIED, LEAVING YOU AS BENEFICIARY OF A TRADITIONAL OR ROTH INDIVIDUAL RETIREMENT ACCOUNT.
WHAT CAN YOU DO? WHAT CAN YOU DO?

BASIC: All IRAs are held and managed by an “IRA custodian.” The IRS gives 3 options to surviving spouses. But your IRA custodian’s policies and procedures determine which of the 3 possible options are available to you.

OPTION 1:
LEAVE IT ALONE

Don’t Upset the Apple Cart #1. Keep the IRA Custodian in Place. Be treated as beneficiary, not spouse. Probably a bad idea. But not always…

Why You Might Be Beneficiary: Are you less than 59 ½ years old AND you need the IRA money right away? Avoid the 10% penalty tax on early withdrawals by taking required minimum distributions (RMDs) over your life expectancy starting now. Or you can wait and take RMDs when your spouse would have become 72 years old. If spouse was already 72, you must start the RMDs now. Payments are accelerated, but hey, you need the money now!

Downsides: When you die, your beneficiaries will not get the 10-year stretch-out of payments, but will be limited to whatever period of time was remaining for you. Also, the Supreme Court has held that IRA assets held for a beneficiary are not “retirement plan assets.” This means that if you were to be sued, the “inherited IRA” assets would be available to judgment creditors! That means you could lose the inherited IRA assets. But who then gets to pay the tax? Right! You. But you have no money because that bad ole judgment creditor took it all. Right again! Bad news.

More Bad News: A beneficiary- inherited Roth IRA must pay out RMDs, just like a Traditional IRA.

Bottom Line: Consider carefully. No “obvious” or “always” solutions.

OPTION 2:
ROLL TO YOU, BUT LEAVE WITH CUSTODIAN

Don’t Upset the Apple Cart #2. What if the current IRA Custodian is a whiz? Great service! Stunning Investment Performance! Returns Phone Calls! You like them, they like you. Don’t screw up a good thing. Roll it over. Let the IRA continue to dance with the folks what brung it. If they let you (but they may not!).

If the IRA Custodian allows, the account rolls over to your name. Your social security number, too. Your personal information substitutes for that of your deceased spouse. Age, children.
The 10% penalty if you take the dough before age 59 ½ applies. Traditional IRA: RMDs at 72. Roth IRA: No RMDs at all! And you have full “retirement plan” asset protection. Your beneficiaries may use the full 10-year stretch-out.
What if the IRA Custodian goes sour on you? Well, it is your very own IRA. So, you can change to another IRA Custodian as you wish.

OPTION 3:
ROLL OVER, ROLL OVER, SO THEY ALL ROLLED OVER…

Perfectly Clear Fresh Start! Create a new IRA account. With a new IRA Custodian. Roll the deceased spouse’s funds to this new account. As with Option #2, it’s just like a brand-new account. And who doesn’t like brand-new?

Modified Limited Hang-out. On the other hand… You are happy with your existing IRA Custodian. You do not want to be responsible for cutting down hundreds of trees for double the paperwork. A simple life and a happy one is your motto.

Stick with whom you know and direct the roll-over funds to your existing IRA. All existing rules apply. You simply increase the amount of money in your well-established Individual Retirement Account.

BY THE WAY…
CONTINUING CONSIDERATIONS OF CONCERN

1. The rules apply to Traditional IRAs and Roth IRAs. But you cannot use the roll-over alone to convert a Traditional IRA to a Roth IRA. Traditional to Traditional. Roth to Roth.
2. Revisit your beneficiary designations. Should you name individuals? Perhaps a Tax Advantaged Legacy Trust would be the best choice? Your LifePlanTM attorney can help!
3. Bad News: Choose Option 1 for an inherited Roth IRA, and you will have to take Required Minimum Distributions, just as if it were a Traditional IRA. Good News: Options 2 and
3. As a spouse beneficiary, you do not have to take any RMDs.
4. Mind the deadlines! Remember that failure to take a timely RMD distribution will result in a 50% penalty tax. Ouch!
5. Major changes to Traditional and Roth IRAs laws, rules, and regulations have occurred over the last few years. Many more can be expected. It’s not easy, so watch this space!

NON-SPOUSE LOVED ONE DIED: TRAGIC, UNAVOIDABLE
TOO MUCH TAX ON IRA: STILL TRAGIC, UNNECESSARY
YOUR MOM, DAD, BROTHER, SISTER, SAINTED AUNT, CRUSTY UNCLE, BEST BUDDY DIED, LEAVING YOU AS BENEFICIARY OF A TRADITIONAL OR ROTH
INDIVIDUAL RETIREMENT ACCOUNT.
WHAT CAN YOU DO? WHAT CAN YOU DO?

BASIC: All IRAs are held and managed by an “IRA custodian.” The IRA custodian’s policies and procedures determine which options are available to you.

No Stretch-out for You! The 2019 SECURE Act (so-called IRA “reform”) applies when the loved one died in 2020 or later. Previous law allowed IRA beneficiaries to stretch out their inherited IRA payments over their life expectancy. Government, however, likes to get its money sooner rather than later. (Why is it their money?!) Rather than wait to get bits and pieces over your lifetime, they want it now. So, new rule: Inherited IRA must be exhausted, fully withdrawn, emptied within 10 years.

Exceptions. If the IRS decides that you are: minor child of the owner; 10 years or less younger than the owner; disabled, or; chronically ill, special rules will apply and your mileage may vary.

AIN’T IT GREAT TO FIND OUT HOW THINGS REALLY WORK?
UNCOVER THE ELEPHANT!

Seems like we are surrounded by elephants… Each one cleverly disguised by the global investment industry, the legal profession, government, and others. But you can’t hide an elephant forever, no matter how hard you try. When you want to find out what is really going on… come on down!

Isn’t long-term care the biggest elephant in the herd? How can you get the straight story? Learn accurate information. Find out what you truly need to know.

Like most families you are busy. Lots of stuff going on. So, we make it easy. Get the information, insight, inspiration you need. To live your life. Make smart decisions. Cut through the fog. It is your turn. For you. For your loved ones.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now.
(800) 317-2812

The post Fun Stuff to Know and Tell — Individual Retirement Accounts appeared first on Carrier Law.

Seventeen years ago

Springtime in Michigan. Sunny, warm breezes, promise of summer. But a cold winter for Lansing Car Assembly. For 120 years, the factory churned out REO Speedwagons, tank cannons, aircraft machineguns, millions of artillery shells, muscle cars, and the last Oldsmobile convertible. GM’s most efficient plant. But the last Olds, a sporty Alero, drove off the line on April 29, 2004. It was over.

Fred and Barney walked away. Friends since their Lansing Technical High School days. They hired into the plant soon after graduation in the 60’s. Married to Wilma and Betty, Lansing Central girls they met at a Junior ROTC dance. The girls joined the steno pool soon after the boys went to work.

Many years later, the two men retired from the plant Ransom E. Olds founded so long ago. Pure Michigan. These older gentlemen were very much alike. Team players. They got the job done. Both had better-than-average careers. Personable, well-respected, and secure. Revered members of their church. Paid-for home in a nice neighborhood: $175,000. Savings of $200,000 from the days before 401(k) plans. Life insurance: $75,000. No debt. Conservative investments. Three kids. Three grandchildren. No bad habits (except spoiling the grandkids).

As new retirees so often are, both were filled with dreams for the future. Time to spend more time with the important people. Wives, kids, grandchildren. Tinkering in the shop. Volunteering at church. Traveling. Enjoying the retirement freedom and security they worked for, looked forward to, earned.

Last week. Still the same…

Every year, when the weather begins to turn, Fred and Barney return to visit. Nothing to see, really. Just memories.

They were still very much alike. Both healthy. Still devoted to their wives. Not all marriages thrive for fifty years. Both primary caregivers for their high school sweethearts. At home. Sadly, just a few short years into retirement, Wilma and Betty were stricken with Alzheimer’s.

But there are enormous differences.

Barney struggles to make ends meet. Living in subsidized senior housing. “On duty” 24 hours per day until his health broke. Exhausted. Retirement savings, Life insurance, Comfortable home – all gone. Betty went to memory care first. Now, the nursing home. Bank account emptied, retirement benefits cut, Barney needs every penny of social security.

Fred recently hosted his favorite (his only!) granddaughter’s wedding. “Uncle” Barney was an honored guest. Nothing high society, but really nice. One hundred and twenty close family and friends. Life savings intact. Independent, secure. Yes, he is Wilma’s primary caregiver. But she still lives at their home. And he has plenty of help.

Fred’s superpower is the Program of All-inclusive Care for the Elderly (PACE). PACE is the Medicaid program that provides services at home. No worries. COVID emergency rules let him keep the home, workshop, life savings.

Why Is One Desperate And The Other Secure?

Have you ever wondered, as I have, what makes this kind of difference in a person’s life? It does not seem to be natural intelligence or talent or dedication. I do not believe that Fred wants security, and that Barney does not.

Doesn’t the difference lie in what each person knows and how he or she uses that knowledge?

Every week we offer LifePlan™ Workshops and Webinars. Each week you are given a precious opportunity. You can say “Yes.” Yes to planning, security, choice. Middle class folks do not have to go broke. But traditional estate planning is broken. And that is the difference.

What is knowledge without action?

Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and Determination alone are omnipotent. The slogan “Press On” has solved and will always solve the problems of the human race.

Calvin Coolidge

Years ago, Fred and Wilma invited Barney and Betty to join them at a LifePlan™ Workshop. Barney and Betty were too busy. Fred and Wilma made the time. Learned the lessons. Established their LifePlan™. It cost money. And effort. But Fred and Wilma (to be honest, it was mostly Wilma) persisted. And those law firm people made sure Fred and Wilma understood every step along the way.

When Alzheimer’s struck Wilma, Fred was ready. Health Care documents: Patient Advocate, Advance Directive, HIPPA releases. Even a funeral representative paper. Locked and loaded. Financial documents: Pantry Trust, Protection Trust, Financial Power of Attorney, Assignments, Deeds. Fort Knox safety.

Trusted professionals who do not charge by the hour. Everything quoted in advance. Friendly, reliable paralegals and attorneys. They sure seem willing to help. They say, “Always a free phone call. Always a free visit.” Maybe it is all just an act! But it is a pretty convincing act. Over all these years. And they have been darn helpful. Like with that wedding planner’s contract… Maybe they mean it…

“Freedom’s just another word for nothin’ left to lose” — Janis Joplin

Barney and Betty’s son-in-law told them about free fill-in-the-blank estate planning forms and cheap on-line services. A dedicated helpful son-in-law, he even printed them out on his own computer.
Free!

Free. Except for the $200,000 of life savings. Free. Except the $175,000 home. Free. Except the $75,000 life insurance. Yes. Free. Except for a lifetime’s worth of work and savings. Free. Except for that.
Maybe Janis was right. The most expensive things in the world are “free”.

LifePlanning™ works for you, your loved ones, your greater circle of friends. Have you heard about PACE or the new COVID emergency rules anywhere else?

Heartfelt Thanks To Geraldine T. Richardson – Special Contributor

I wish to recognize Geraldine T. Richardson (not to be confused with the other Geraldine Richardson who is a fine person but has no middle initial) for her inspiration. Geraldine has personally experienced, in her own family, the difference LifePlanning™ can make. I think it is fair to say that she is a little frustrated that more folks do not take advantage of these opportunities. (Hey, I’m doing the best I can!) When I asked Geraldine what more we could do, she said “Tell them, David! Tell them!” “How?” I replied. “Tell them about real families! But change the names…”

Call The Lifeplan™ Hotline Today at (800) 317-2812

The post An Estate Planning Story: Failure To Plan Is Planning To Fail appeared first on Carrier Law.

The House of Representatives has passed a bill that could mean changes for all Americans with the most common type of retirement plan, such as a 401(k) or Individual Retirement Account (IRA). Proposed changes to retirement reflect the realities facing many workers today.

The SECURE Act is being proposed as an improvement to the retirement system, and stands for “Setting Every Community Up for Retirement Enhancement Act of 2019”. Interestingly, most of the changes either highlight the difficulty of saving for retirement, or the challenges faced by many workers today who are facing a future with a shaky Social Security System, and insufficient retirement funds. While there are some positives, some of the changes proposed would simply make it easier for people to retire with less money and less security than before.

Access to Retirement Plans for Part-time employees

With the rise of the “gig” economy, more people are working part-time jobs. This bill would allow long-term part-time employees the opportunity to participate in retirement plans, if their employer offers one.

Disclosure of Estimated Retirement Income

Employers would be required to disclose an estimate of future retirement income on 401(k) statements. This would hopefully show employees how much more they need to save, if the assumptions used for those estimates are realistic. The assumption for the estimates will be set out by the Treasury Secretary.

Use of Retirement Savings for Student Loan Debt

With the rising costs of higher education, this bill would provide some relief for those who find themselves with crippling student loans that can’t be discharged in bankruptcy. They could now also reduce their retirement savings to pay off those loans.

Access to Retirement Plans for Small Employers

Another change would make it possible for small employers to group together in offering a retirement plan. This would be helpful, since 42% of private-sector workers don’t have access to a workplace retirement plan.

Reduced Regulations on Annuities

More 401k plans will be able to offer plans to convert retirement savings into annuities. This should greatly benefit insurance and annuity companies by increasing their market and reducing the regulations for offering annuities as part of retirement plans.

Extended Retirement Contribution Age

As more people need to keep working well past normal retirement age, this bill would allow people to continue adding to their retirement plans after age 70-1/2 and would allow people to hold off on withdrawing from their plans until age 72. This also reflects the fact that many people probably haven’t saved enough for retirement by the time they hit 70-1/2.

Use of Retirement Savings for New Children

Many new parents find that their health insurance plan still leaves them with thousands of dollars of out-of-pocket expenses for the birth of a child. Rather than making any changes to the health insurance system, or increasing entitlement programs for families, this bill would allow these parents the opportunity to reduce their future retirement savings by spending some now on these expenses for new children. This will probably not help increase the falling birth rate in the country.

Restrictions on Stretch Distributions

With the US budget deficit in the trillions, this bill would bring in additional revenue in the form of increased and accelerated income taxes paid by beneficiaries of retirement plans. Rather than being able to stretch out inherited retirement money over their lifetime, beneficiaries (your children) will have to take out money over 10 years, likely bumping them up to a higher tax bracket, and increasing the percentage of the inheritance that goes to taxes. What does this mean? Let’s look at an example.

A single 45-year-old making $100,000 inherits a $1,000,000 Traditional IRA from her parents. She can either cash it out immediately (which is what the vast majority of children do) or she can stretch out the distributions.

Cash out: Based on her income and 2018 tax rates, she would be taxed at an effective rate of 33.48%, leaving her with $665,200 of inherited cash.

Current Stretch Rules: She can opt to take the required minimum distributions over her life expectancy. After 10 years, she has paid a total of $243,000 in taxes, received approximately $368,000 in required minimum distributions, and has $1.64 million left in the IRA.

Proposed Stretch Rules: She can opt to take the required minimum distributions for a maximum of 10 years. After 10 years, she has paid $615k in taxes and inherited a total of $865,000.

Below is a graph that visually represents the difference in these rules, assuming the child invests the required distributions after paying taxes and has normal living expenses and Social Security Income:

Image credit: “The Hidden Money Grab in The SECURE Act” James Lange, Forbes Contributor

As usual, all parties involved will continue to look for ways to maximize their benefits under any changed law. We will continue to look for ways to protect and preserve your assets for you and your family. There are options involving trusts that could still preserve a lifetime income stream for children who inherit your retirement savings.

The post The SECURE Act – what does it really secure? appeared first on Carrier Law.