roth – Carrier Law https://davidcarrierlaw.itulwebdev.com Michigan Estate Planning & Elder Law Attorneys Tue, 30 Nov 2021 16:13:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 https://davidcarrierlaw.itulwebdev.com/wp-content/uploads/2018/08/cropped-carrier-site-icon-082018-32x32.png roth – Carrier Law https://davidcarrierlaw.itulwebdev.com 32 32 Individual Retirement Accounts Hold $40 Trillion https://davidcarrierlaw.itulwebdev.com/individual-retirement-accounts-hold-40-trillion/ https://davidcarrierlaw.itulwebdev.com/individual-retirement-accounts-hold-40-trillion/#respond Wed, 03 Nov 2021 15:43:00 +0000 https://davidcarrierlaw.itulwebdev.com/?p=110010 IRAs Are Middle Class Security. Yeah, It Bores Me Too, But It Is Important Stuff!

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Close Your Eyes And Tap Your Heels Together 3 Times…
There’s No Account Like An Ira Account, Unless It’s A 401(K)…

NOTE: You have stumbled upon one more in our continuing series answering your Frequently Asked Questions about traditional and ROTH Individual Retirement Accounts. Most middle-class Americans rely on these accounts for retirement security. These are the questions folks like you ask folks like me over and over again. So if you think they are boring, ask more interesting questions! As if there were anything more interesting than retirement security.

I Just Like Watching It Grow…Why Do I Have To Withdraw $$$ From My Ira?

You Earned The Money. You Saved The Money.Now You Have To Spend The Money.
Growing Old Is Like Being Increasingly Penalizedfor For A Crime You Have Not Committed
— Pierre Teilhard De Chardin

Middle Class Michigan has billions invested in traditional Individual Retirement Accounts, Simplified Employee Plans (SEP) and Savings Incentive Match PLan for Employees (SIMPLE). Those billions cannot stay there forever. You must start pulling your money out at age 72. Happy Birthday! Nobody cares if you do not want to take the money. Does not matter that you are still working. The Law says “Thou Shalt Take Thy Required Minimum Distribution (RMD)!”

How much to take? You have an IRA custodian, the company running your IRA. Your custodian tells the taxman that you must take the RMD. Your custodian also tells you how much you must take (or offers to calculate it). Your custodian told you this last January. Remember? It was in that flood of financial mail you always get at the beginning of the year. Let’s hope you didn’t throw it out…

Somebody Died And Left You An Ira… Now What?

Books Are The Treasured Wealth Of The World And The Fit Inheritance Of Generations And Nations
— Henry David Thoreau

You did not get a book. You were named beneficiary on an IRA. By somebody you did not marry. You have until New Year’s Eve in the year after that generous person’s death to empty that inherited IRA account.

Love & Marriage, Go Together Like A Horse & Carriage

Your spouse dies. You are named IRA beneficiary. You did not roll over the IRA into one of your own. You can wait to take distributions until (what would have been) your dearly departed’s 72nd year.

Different Strokes For Different Folks

IRA Custodians are like snowflakes… All different. Distribution options vary widely. You do not like your IRA custodian? You can arrange a “custodian-to-custodian” transfer. It can be a pain, but worth it!

And what if you are not a human? What if the IRA is left to a charity or trust or estate? Special Rules for you! The IRS is ready to help with Publication 590-B. Check it out! Fascinating reading.

Danger Danger

Never forget! There is a 50% Penalty Tax on top of any regular income tax if you fail to take a Required Minimum Distribution. You do not want to need Form 5329. But if you just made an innocent mistake, IRS might forgive the penalty. But don’t count on it.

I Want A Roth Ira Like Everybody Else. But I’m Stuck With This Stupid Traditional Ira. What Can I Do?

Calm Down… You Can Convert! After You Pay The Taxes.

You can convert pretty much any traditional IRA, SEP IRA, or 401(k) to a Roth.

SIMPLE IRAs are different. You must wait for 2 years. If you do not wait, there is a 25% penalty. So do not be a simpleton and do wait the 2 years.

You can only convert your employer plan if eligible to take a distribution.

I Want My Money Now! From My Roth. How?

You Earned It. You Paid Taxes On It. Now You Want It.

Roth IRAs are great because you can take the money out tax-free! That’s because you paid tax on the money when it was going in. Except for the money the money earned. You have 3 kinds of money in a Roth IRA.

Contributions: Money you paid tax on, then put into the Roth.

Conversions: Money you had in another IRA or 401(k), then paid tax on, then put into the Roth.

Earnings: Money that your Contributions and Conversions earned while in the Roth.

You can take your Contribution back at any time. You can withdraw your Conversion money at any time if you are over 59 ½. Why not? You already paid the tax on it. Technically, you take out Contributions first, then Conversions.

But what about those sweet, sweet tax-free Earnings? You can have those:

1. 5 years after setting up your Roth, and,
2. You are 59 ½ or Dead or Disabled, or,
3. First Time Home Buyer Exception.

10% Penalty Tax on Earnings if you are under 59 ½. 10% Penalty Tax on Conversions if you are under 59 ½ and your Conversion money was in the Roth for less than 5 years.
Easy, huh?

Everything Is Easy Until It Isn’t!

When The Going Gets Tough, They Call For The Sons Of Bitches
— Fleet Admiral Ernest J. King, Usn

Most folks want to work and save and enjoy. They do not live their lives raking through the Internal Revenue Code or the Bridges Eligibility Manual or the Social Security Act or any of the other Niagara Falls torrent of rules and regulations spewing out of the Government. Desperately and without hope seeking some semblance of common sense. Trying to keep head above water. No, most normal, well-adjusted, happy, healthy people wisely wish to wander on the sunny side of life.

Aren’t you glad there is an abnormal, mal-adjusted, neurotic fanatic like me to focus like a laser beam on the stuff that drives most people crazy? Stop the madness? I don’t think so… Only by digging deep do we find the nuggets of knowledge that keep you from Nursing Home Poverty. That allow you to receive some payback for all the taxes you paid in. That deliver dignity and respect.

Peace of mind and security are waiting for everyone who knows what work really is. It is a choice. Despite what “everybody else” says.

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

Happy Days Are Here Again…

It Is Morning In America
Everything’s Coming Up Roses
All Good News All The Time

Can’t Get Enough Of This Wonderful Stuff
Your ring-side seat to the glorious success that is the United States of America today! Amazingly wonderful, super, duper, wonderfulness like you have never seen! Cherry-picking only the very best, for your prideful pleasure.

Making Every Boy’s Dream Come True

You already knew that in today’s America every little boy can dream of growing up to be a champion female track star, weightlifter, or mixed martial artist. Shamefully, the ranks of 4-star female admirals in uniformed federal service have always been tightly shut. No longer! Thanks to the brave courageousness of the courageously brave, one of the few remaining doors to young boys’ dreams has been battered down. Without serving a minute of military service, former pediatrician and political health bureaucrat Rachel Levine has bravely vaulted courageously to be one of the few 4-star flag rank, admiral general officers of America. Courage!

Back in 2014, the U.S. Navy promoted Michelle Janine Howard to full Admiral. Four stars. After 32 years of active duty including extensive sea time. First woman. First African American. First woman captain of a U.S. Navy ship. But. Born a woman. So, y’know… no biggie.

Boat Parades Are Back!

Spontaneous Outpourings Of Joy, Affection & Respect For America, From The World

You may recall a new phenomenon that arose during the recent political pugilism.

Boat Parades! Enthusiastic Americans took to the waterways to celebrate affection, respect, and admiration for their choice. In the best traditions of American democracy, light-hearted conglomerations of watercraft arose spontaneously in good-natured advocacy. A water-wonderful time was had by all!

And now the world has chosen to honor American Greatness with a boat parade for all of us! Handsome ships from around the world, flying every flag, have gathered off our mighty port cities to celebrate us! Packed with containers, they refuse to land. Why? They prefer steaming back and forth to salute you and me with affection and good spirit. Nothing says “We Love You, America!” like a boat parade. And “We Love You, too, World!”

Finally, Gasoline Prices We Can Be Proud Of!

For almost four years Americans suffered the stark, staring, humiliation of gas prices that belonged in the 1970’s. The traumatic embarrassment of $2 gas. Sometimes less. Oh, the humanity!

More painful to all right-thinking people was the effect on Russian oil oligarchs, oil barons, oil sheiks and the Canadians. Thoughtlessly, we deprived them of their chokehold on America. Think how they must have felt! All right-thinking people burned with shame…

But all is right again! It was super easy for Administration Wise Ones. Barely an inconvenience. Simply shut down a few pesky American pipelines. Revoke a few permits, leases, approvals… And now? Europe still on top. But American Oil Prices and Dependence are on the upswing. Yay for us! Thank you Thank you Thank you…

No Poverty. No Charity. No Waste. It is not chance.
It is choice. Your choice. Get Information Now.
(800) 317-2812

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I Want to Reture Some Day… Can I Contribute to an IRA? https://davidcarrierlaw.itulwebdev.com/i-want-to-reture-some-day-can-i-contribute-to-an-ira/ https://davidcarrierlaw.itulwebdev.com/i-want-to-reture-some-day-can-i-contribute-to-an-ira/#respond Wed, 27 Oct 2021 03:30:42 +0000 https://davidcarrierlaw.itulwebdev.com/?p=109966 Are We There Yet? This Is Taking Forever! More Dumb Stuff Ya Gotta Know About.

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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

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Fun Stuff to Know and Tell — Individual Retirement Accounts https://davidcarrierlaw.itulwebdev.com/fun-stuff-to-know-and-tell-individual-retirement-accounts/ https://davidcarrierlaw.itulwebdev.com/fun-stuff-to-know-and-tell-individual-retirement-accounts/#respond Thu, 07 Oct 2021 16:10:00 +0000 https://davidcarrierlaw.itulwebdev.com/?p=109830 Useful, who said anything about useful? Good things to know!

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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

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