Bryant - Course 5. Retirement Planning & Employee Benefits. 5. Other Tax-Advantaged Retirement Plans Flashcards

1
Q

It really does not matter whether you are two months, two years, or even 20 years away from retirement: It is never too early or too late to start planning, and planning for retirement may yield rich dividends.

A good retirement plan would be one that offers maximum benefits and minimizes taxes. There are some factors, however, which should be taken into consideration before opting for a retirement plan such as distribution options, investment options, or others.

The Other Tax-advantaged Retirement Plans and Keoghs module, which should take approximately six hours to complete, will discuss the different retirement plan options and explain the usage, advantages and disadvantages of each plan type.

A

Upon completion of this module, you should be able to:
* List the different kinds of retirement plans,
* Explain the usage and utility of each of these plans,
* State the advantages and disadvantages of the plans,
* Highlight the tax implications of the plans, and
* Explain how they can be implemented and what their requirements are.

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2
Q

Module Overview-

A retirement plan offers financial security for people after retirement. Most retirement plans allow savings to grow tax free, which is an added incentive. There are different retirement plan options. Some of these options are Traditional IRA, Roth IRA, Simplified Employee Pension (SEP) plan, SIMPLE IRA, Tax Deferred Annuity (TSA) or 403(b) plan, and Keogh plan.

A Traditional IRA is a type of retirement savings arrangement under which investment earnings are tax deferred. In some cases, the contribution is tax deductible.

A Roth IRA is a form of IRA under which contributions may be made up to a specified limit on a nondeductible basis, but withdrawals may be tax free under certain conditions.

A SEP is an employer-sponsored retirement plan that allows an employer to make contributions to their own as well as employees’ retirement accounts.

SIMPLE IRAs are employer-sponsored plans too. Tax-deferred contribution levels are significantly higher in this plan than they are for Traditional and Roth IRAs.

A

A TSA or 403(b) plan is a tax deferred employee retirement plan that is restricted to certain tax-exempt organizations and public school systems.

A Keogh plan is a qualified, tax-deferred retirement savings plan that is set up for a non-incorporated business entity such as a sole-proprietor or partnership. It differs from other qualified plans only in how the owner or partner is treated regarding contribution limits and distributions.

To ensure that you have a solid understanding of Other Tax-advantaged Retirement Plans and Keoghs, the following lessons will be covered in this module:
* Traditional IRA
* Roth IRA
* Simplified Employee Pension (SEP)
* TSA or 403(b) Plan
* SIMPLE IRA
* HR 10 Keogh Plan

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3
Q

Section 1 - Traditional IRA

A traditional IRA (IRA stands for either individual retirement account or individual retirement annuity) is a type of retirement savings arrangement under which IRA contributions, up to certain limits, and investment earnings are tax-deferred. This means that interest earned and gains received inside the traditional IRA are free of federal income tax until withdrawn from the IRA.

Traditional IRAs are primarily plans for individual savings, rather than employee benefits. However, their features are important because they fit into an employee’s overall retirement savings plan and therefore influence the form of employer retirement plans to some degree.

Employers can sponsor traditional IRAs for employees as a limited alternative to an employer-sponsored qualified retirement plan. Employers who have a qualified plan can also sponsor a deemed IRA as part of the qualified plan, to provide an additional form of retirement savings for employees.

A

To ensure that you have a solid understanding of the traditional IRA, the following topics will be covered in this lesson:
* When Is It Used?
* Advantages
* Disadvantages
* Tax Implications
* Spousal IRA
* Education IRA

Upon completion of this lesson, you should be able to:
* Explain when a traditional IRA is used,
* Describe its advantages and disadvantages,
* Explain its tax implications,
* Point out distribution and rollover rules,
* Explain who qualifies for an education IRA, and
* Explain the benefits of a spousal IRA.

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4
Q

When are Traditional IRAs Used?

A

Traditional IRAs are plans for individual savings. The interest earned and the gains received from traditional IRAs are free from income tax during the accumulation stage.

A traditional IRA is used in different situations. These include:
* When there is a need to shelter current compensation or earned income from taxation.
* When it is desirable to defer taxes on investment income.
* When long-term accumulation, especially for retirement purposes, is an important objective.
* When a supplement or alternative to a qualified pension or profit sharing plan is needed.

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5
Q

When is an IRA used? (Select all that apply)
* For long-term accumulation.
* To defer taxes on investment income.
* As an alternative to a nonqualified pension.
* To shelter earned income from taxation.

A

For long-term accumulation.
To defer taxes on investment income.
To shelter earned income from taxation.

IRAs are used:
* for long-term accumulation,
* to defer taxes on investment income,
* as an alternative to a qualified pension, and
* to shelter earned income from taxation.

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6
Q

What are the Advantages with a traditional IRA?

A

Eligible individuals may contribute up to the maximum annual contribution amount to a traditional IRA, as shown in the table below, and up to the maximum annual contribution amount for a spouse if a traditional spousal IRA is available. This amount may also be deductible from the individual’s current taxable income.

Note: The Tax Cuts and Jobs Act changed the tax treatment of alimony paid pursuant a divorce decree finalized after December 31, 2018. In such cases, alimony is no longer taxable to the recipient or deductible by the payor. Alimony payments pursuant divorces finalized prior to January 1, 2019 are grandfathered in the previous law and payments continue to be taxable to the recipient and deductible by the payor.

Investment income earned on the assets held in a traditional IRA is not taxed until it is withdrawn from the account. This deferral applies no matter what the nature of the investment income. It may be in the form of interest, dividends, rents, capital gain or any other form of income. Such income is taxed only when it is withdrawn from the account and received as ordinary income.

The maximum annual contribution amount for an IRA is $6,500 (2023).

For individuals who have attained age 50 before the close of the tax year, an additional contribution of $1,000 amount is allowable. The resulting total maximum contribution amount is $7,500 (2023).

The SECURE Act of 2019 eliminated the age limit for making IRA contributions.

Exam Tip:
* A person needs earned income or taxable alimony to contribute to an IRA.

Practitioner Advice:
* The changes to the IRA contribution levels are significant and can play an important role in planning for retirement.

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7
Q

What are the Disadvantages of The traditional IRA?

A

The traditional IRA deduction is limited to the maximum contribution amount each year.
If a person is single and is not an active participant in an employer-sponsored plan, he or she can contribute and deduct the lesser of 100% of earned income or $6,500 for 2023 (not including the over 50 catch-up provision).
If a married couple filing a joint return does not participate in an employer-sponsored plan, each person can contribute and deduct the lesser of 100% of income or $6,500 (2023).
If one party to the marriage earns less than $6,500, the person might still be able to contribute and deduct depending on the spousal IRA requirements.

The disadvantages of a traditional IRA include:
* Withdrawals are subject to the 10% penalty on premature withdrawals applicable to most tax-favored retirement plans (there are a few exceptions).
* Withdrawals are not eligible for the special-averaging tax computation that applies to certain lump sum distributions from qualified plans.
* Withdrawals from the account are required by April 1 of the year after the year in which the individual reaches age 73 (2023).

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8
Q

What are the Tax Implications of a traditional IRA?

A

It is important to understand the tax implications of a traditional IRA. You specifically need to understand how contributions, distributions and rollovers affect their taxation.

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9
Q

What are the Contribution Rules for a Traditional IRA?

A

An individual may make regular contributions to an IRA annually up to the lesser of $6,500 (2023), or 100% of compensation income.

  • Taxpayers age 50 and above are allowed an additional $1,000 as a catch-up contribution.
  • A spouse without compensation income can contribute to an IRA based on their spouse’s compensation income.
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10
Q

What are the Deduction Limits for a traditional IRA?

A

The maximum annual deductible IRA contribution for an individual is the lesser of the maximum annual contribution amount or 100% of the individual’s earned income.
* This covers income from employment or self-employment.
* It does not include investment income.

A provision for traditional spousal IRAs permits additional contributions up to an additional maximum annual contribution amount for the spouse in some cases.

Assuming the active participant restrictions do not apply, the maximum allowable deductible contribution in the year 2023 is the lesser of:
$6,500, or
100% of includable compensation plus 100% of includable compensation of a spouse minus the amount of the deduction taken by the spouse for IRA contributions for the year.
* In order to contribute to a traditional spousal IRA, the couple must file a joint return.

If both spouses have earned income, each can have a traditional IRA. The maximum deduction limit for each spouse with earned income is the maximum annual contribution amount/100% limit.
* However, traditional IRA contribution limits are combined with those for Roth IRAs.
* The maximum annual contribution amount is reduced for each dollar contributed by the same taxpayer to a Roth IRA. For example, if John, age 30, earned $20,000 and wants to contribute to both a traditional IRA and a Roth IRA, he can do it, but the total IRA contributions cannot exceed $6,500.

Exam Tip:
* Alimony received pursuant to a divorce finalized prior to January 1, 2019, is considered compensation for IRA contribution purposes.

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11
Q

Describe the Active-Participant Restrictions on the deductibility of traditional IRA

A

Current law imposes income limitations on the deductibility of traditional IRA contributions for those persons who are active participants in an employer-sponsored retirement plan.
* This includes all qualified retirement plans, simplified employee pensions (SEPs), Section 403(bs) tax-deferred annuity plans, or SIMPLE IRAs.

If an otherwise eligible person actively participates in the employer plan, the available traditional IRA deduction is reduced below the maximum annual contribution amount if the AGI of the taxpayer is within the phaseout ranges indicated below, with the deduction eliminated entirely if the AGI is above the upper limit of the phaseout range.

IRA ACTIVE PARTICIPANT AGI PHASE-OUT RANGES
The reduction in the maximum annual deductible contribution amount in the phase-out AGI region is proportional to the amount by which the AGI exceeds the lower limit.
* For example, suppose that in 2023 a single taxpayer’s AGI is $76,000, and he is an active participant under age 50. The taxpayer is $3,000 into the phase-out range of $73,000 - $83,000, so his annual traditional IRA deduction is reduced by $3,000/$10,000, or 30%.
* This is a reduction of $1,950 (30% of $6,500), so the maximum IRA deduction is $4,550 ($6,500 less $1,950).
* For MFJ taxpayers, both active participants in an employer-sponsored plan, the deduction phase-out is $116,000 - $136,000 (2023).

An individual is not subject to the active participant restrictions just because his or her spouse is an active participant in an employer-sponsored retirement plan. However, this provision phases out for joint adjusted gross incomes from $218,000 to $228,000 (2023) for the non-active participant spouse. The active participant spouse is subject to the MFJ phase-out threshold of $116,000 and $136,000.

Chris and Pat are MFJ taxpayers. Chris, but not Pat, actively participates in an employer-sponsored qualified plan. Chris and Pat earn $120,000 and 70,000, respectively. Pat may contribute and deduct up to $6,500 to an IRA because their AGI is less than $218,000. Chris may contribute (but not deduct) up to $6,500 to an IRA because their AGI is greater than $136,000. However, if Chris and Pat’s MAGI was greater than $228,000 in 2023, each may contribute, but neither one could claim a deduction.

Single - $73,000 - $83,000
Married filing joint $116,000 - $136,000
Married filing separately $0 - $10,000

Exam Tip:
* Participation in a 457 plan will not affect the deductibility of an IRA contribution. A participant in a Section 457 plan is not considered an active participant for IRA contribution deduction purposes.

Practitioner Advice:
* The definition of an Active Participant is that the taxpayer either received any annual additions within a defined contribution plan during the year or was eligible for any benefits in a defined benefit plan during the year.
* Annual additions consist of employer contributions, employee contributions, or reallocated forfeitures.

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12
Q

Participation in which of the following retirement plans may affect the deductibility of an IRA? Click all the apply.
* SEP
* Qualified retirement plan
* 457 plan
* Section 403(b) tax-deferred annuity plan
* Nonqualified retirement plan
* SMIPLE IRA

A

SEP
Qualified retirement plan
Section 403(b) tax-deferred annuity plan
SMIPLE IRA
* Not 457 plan or Nonqualified retirement plan
* Current law imposes income limitation on the deductibility of traditional IRA contributions for those persons who are “active participants” in an employer retirement plan that is tax-favored. This includes a qualified retirement plan, simplified employee pension (SEP), Section 403(b) tax-deferred annuity plan or SIMPLE IRA.

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13
Q

Describe Nondeductible Traditional IRAs

A

An individual or married couple can also make nondeductible traditional IRA contributions, within limits. The limit is the same regardless of income level. It is the excess of the maximum annual contribution amount over the amount deductible. If the individual or couple makes no deductible contributions, they can contribute up to the maximum annual contribution limit in the case of an individual, and up to an additional maximum annual contribution amount in accordance with the spousal IRA rules, on a nondeductible basis.

Nondeductible contributions will be free of tax when they are distributed, but income earned on such contributions will be taxed.
* If nondeductible contributions are made to a traditional IRA, amounts withdrawn will be treated as partly tax free and partly taxable.

It is important that good records be kept of non-deductible contributions as they will be necessary in the future when withdrawals are taken.
* The IRS will assume all money withdrawn from traditional IRA accounts to be fully taxable.
* It is the taxpayer’s job to prove that contributions were made with after tax dollars and therefore not taxed when removed.

Non-deductible IRA account are usually used when no deductible contributions (or Roth-IRA) contributions can be made. Non-deductible IRA’s have the option to convert to Roth-IRA accounts in the future if the taxpayer qualifies for Roth-IRA conversions.

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14
Q

Describe Time Limits
with a Traditional IRA

A

Eligible persons can establish an IRA account and claim the appropriate tax deduction any time prior to the due date of their tax return, without extensions even if the taxpayer actually receives an extension of the filing date. For most individuals or married couples, the contribution cutoff date is April 15.
* However, since earnings on an IRA account accumulate tax free, taxpayers may want to make contributions as early as possible in the tax year.
* The advantage of making an IRA contribution at the beginning of the year can be seen in the following table, which assumes $5,000 annual contributions and an annualized rate of return of 8%.

Years of Growth Beginning of Year January 1 End of Year January 1 Advantage of Early Contributions
5 $30,766 $28,754 $2,012
10 $73,918 $69,082 $4,836
15 $134,440 $125,645 $7,795
20 $219,326 $204,977 $14,349
25 $338,382 $316,245 $22,137
30 $505,365 $472,304 $33,061
35 $739,567 $691,184 $48,383
40 $1,068,048 $998,176 $69,872
45 $1,528,759 $1,428,747 $100,012

Practitioner Advice:
* A taxpayer can file his or her tax return and claim an IRA deduction even before the actual contribution is made. The taxpayer must contribute the amount reported by the tax filing due date.

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15
Q

What are the Distribution and Rollover Rules for IRAs?

A

There are certain distribution and rollover rules for IRAs that the premature distribution penalty does not apply to:
* Distributions made on or after attainment of age 59½,
* Distributions made to the IRA participant’s beneficiary or estate on or after the participant’s death,
* Distributions attributable to the participant’s disability,
* Distributions that are part of a series of substantially equal periodic payments made at least annually over the life or life expectancy of the participant, or the participant and a designated beneficiary,
* Distributions for medical expenses that exceed 7.5% of the taxpayer’s AGI. (For example, if a taxpayer had a $100,000 AGI, the penalty would not apply to distributions for medical expenses above $7,500.),
* Distributions to unemployed individuals for health insurance premiums under certain conditions,
* Distributions for higher education costs including tuition, fees, books, supplies and equipment for the taxpayer, spouse, child or grandchild, and
* Distributions to pay acquisition costs of a first home for the participant, spouse, child, grandchild or ancestor of the participant or spouse, up to a $10,000 lifetime maximum.

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16
Q

List Premature Distribution Penalties that do not Apply to IRAs

A
  • Age. Distributions made on or after the attainment of age 59 ½.
  • Death. Distributions to participant’s beneficiary or estate on or after the participant’s death.
  • Disability. Distributions attributable to the participant’s disability.
  • Annual Payments. Part of a series of equal periodic payments over the life expectancy of the participant/beneficiary.
  • Medical Care. Within the 7.5% of itemized deduction floor.
  • Unemployed Individuals. For health insurance premiums.
  • Higher Education. Includes tuition, fees, books, supplies and equipment for the taxpayer, spouse, child, or grandchild.
  • Home. Acquisition cost of a first home for the participant, spouse, child, grandchild or ancestor of the participant or spouse, up to $10,000 lifetime maximum.
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17
Q

What is the Penalty for early withdrawals from IRAs?

A

The government penalizes certain early withdrawals from IRAs.
The premature distribution penalty is 10% of the taxable amount withdrawn from the IRA.

Therefore, IRA contributions should be made from funds that can be left in the account until one of the nonpenalty events listed in the screen above on distributions and rollovers occurs.

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18
Q

When do Distributions from IRAs Begin?

A

Distributions must begin by no later than April 1 of the year after the year in which age 73 (2023) is reached.
* The SECURE Act of 2019 changed the required beginning date for required minimum distributions to age 73.
* The former rules continue to apply to employees and IRA owners who attained age 70½ prior to January 1, 2020.
* The new provision is effective for distributions required to be made after December 31, 2019, with respect to individuals who attain age 73 after December 31, 2019.

Distributions from qualified pension, profit sharing and employer stock plans and Section 403(b) tax-deferred annuity plans are subject to numerous special rules and distinctive federal income tax treatment.
Advance consideration of all the potential implications of plan distributions is an important part of overall plan design
.

Exam Tip:
* If a client waits and takes a minimum distribution on April 1st of the year after the year in which age 73 is reached, the client must take two distributions that year.

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19
Q

Describe Rollovers in IRAs

A

An IRA can be used to receive a rollover of certain distributions of benefits from employer-sponsored retirement plans. Asset can either be directly transferred from trustee to trustee or they can be distributed out to the participant who has sixty days to deposit them to a new trustee.

For purposes of this course, the following definitions will apply:
Transfer:- A direct movement of assets from one custodian or plan to another custodian or plan, i.e. a trustee to trustee transfer
Rollover: Assets are distributed directly to the participant
(In real life, the difference is often determined by who the distribution check is made out to: the participant or the new custodian or plan)

Trustee to trustee transfers may be effected whenever and as often as the taxpayer likes.

Rollovers may only occur once every twelve months for the assets involved.

Practitioner Advice:
* The federal spousal consent requirements enacted under the Retirement Equity Act of 1984 only apply to qualified plans, not to IRAs.
* This means that all pension plans must automatically provide survivorship benefits for a spouse, unless the spouse opts out in writing.
* However, spousal consent may be required when a qualified plan distribution is rolled over to an IRA, but distributions thereafter can be made without spousal consent.
* A spouse’s property rights in an IRA account are a matter of state law, and may differ depending on whether the state is a common law or community property state.

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20
Q

What happens When an IRA Owner Dies?

A

When an IRA owner dies, a complex pattern of tax rules applies. Planners need to understand the tax treatment of this common situation to prevent unnecessary tax penalties for their clients.
These rules are designed to prevent IRA distributions from being stretched out unduly to increase tax deferral.

The Secure Act of 2019 made significant changes to the rules pertaining to required distributions for beneficiaries who inherit an IRA or a defined contribution qualified plan account. Under previous law, a beneficiary could stretch the required minimum distributions over their remaining life expected. The first beneficiary could name their own beneficiary who could also stretch the required distribution of any remaining account balance over their respective remaining life expectancy. This “stretching” could conceivably go on for generations and minimize the taxes paid.

The Secure Act of 2019 essentially did away with the “stretch IRA” strategy.
* Unless the beneficiary is an “eligible designated beneficiary,” the entire inherited account balance must be distributed within 10 years after the date of death.
* This applies regardless of whether the employee or owner dies before or after RMDs have begun.

The new law excepts from the 10-year rule distributions to** “eligible beneficiaries,” which include**:
* Surviving spouses
* Chronically ill or disabled beneficiaries
* Minor children, up to the age of majority (not grandchildren)
* Individuals not more than 10 years younger than the IRA owner (such as a sibling)

This special rule allows distributions to “eligible beneficiaries” to be made over the life or life expectancy of the eligible beneficiary beginning in the year following the year of death.
* In the case of a child who has not reached the age of majority, calculation of the RMD under the exception is only allowed through the year the child reaches the age of majority.
* The 10-year rule applies after a child reaches the age of majority or after the death of an eligible beneficiary.
* Prior law applies to distributions to surviving spouses.
* Distributions may be delayed until the end of the year that the employee or owner would have turned 72.
* If the spouse dies before distributions were required to begin to the spouse, the surviving spouse is treated as the employee or owner in determining the required distributions to beneficiaries of the surviving spouse.

These provisions are generally effective for RMDs with respect to employees or owners with a date of death after December 31, 2019.

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21
Q

Describe a Spousal IRA

A

If a person is married, files a joint return, and has little or no earned income, an IRA can be set up for that person subject to the regular contribution and deductibility rules based on the spouse’s earned income.
* In a spousal IRA, if one spouse is not covered by an employer-sponsored retirement plan, and files a joint return, that spouse may be able to deduct all of his or her contributions to a traditional IRA even if his or her spouse is covered by a plan.
* To qualify, the couple’s AGI needs to be under the current $218,000 - $228,000 (2023) threshold.

For example, Minnie (age 35) and Bill (age 40), a married couple, earn $75,000 annually. Neither is an active participant in any qualified plan, SEP, Section 403(b) plan, or SIMPLE IRA. For 2023, Minnie and Bill can each contribute and deduct up to $6,500 to their own IRA plan (a total of $13,000 combined).

Another example: Mabel earns $75,000 annually. Her husband, Al, has no earned income, although he has investment income in excess of $100,000 annually. Neither spouse has attained age 50 and neither is an active participant in an employer-sponsored retirement plan. Mabel can contribute and deduct up to $6,500 to an IRA for her and Al may contribute and deduct up to $6,500 to an IRA based on Mabel’s income, for a total of $13,000, provided they file a joint return.

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22
Q

Describe the Coverdell ESA

A

The Education IRA was renamed the Coverdell Education Savings Account in 2001.
* A Coverdell ESA is a trust or custodial account that is created for the express purpose of funding the qualified education expenses of the designated beneficiary.
* The designated beneficiary of a Coverdell ESA must be a life-in-being at the time it is established.
* Contributions that cannot exceed the annual cumulative limit of $2,000 must be made in cash, and are not tax-deductible.

In addition, contributions must be made on or before the date on which the beneficiary attains the age of 18.

The contribution limit is phased out for single contributors with AGI between $95,000 and $110,000 (2023).
This means that no contribution is available for a single taxpayer with AGI above $110,000.

The phase-out for joint filers is between $190,000 and $220,000 (2023).

Distributions from an education IRA that are made for the payment of qualified higher education expenses are penalty-free and tax-free.
* Qualified higher-education expenses are defined as tuition, fees, books, supplies, and equipment required for enrollment or attendance at an eligible higher-education institution. An eligible higher education institution is any college, university, vocational school, or other postsecondary educational institution described in Section 481 of the Higher Education Act of 1965.

Distributions can also be used for elementary and secondary public, private or religious school expenses.

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23
Q

Generally, contributions to an Coverdell ESA must be made on or before the beneficiary attains what age?
* 14
* 16
* 18
* 21

A

18

  • Contributions must be made on or before the date on which the beneficiary attains the age of 18.
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24
Q

Section 1 - Traditional IRA Summary

An individual retirement account allows a person to save money for use after retirement. At the same time, it allows the savings to grow tax-free. Funds in an IRA can be invested in stocks and bonds. But, there are serious limitations on investments. These limitations include investing in life insurance and collectibles.

In this lesson, we have covered the following:
* Traditional IRA is used to protect earned income and investment income from taxation and when an alternative or a supplement to a qualified pension is needed.
* Advantages of traditional IRA include potential tax deductibility and deferral of taxes.
* Disadvantages include limitations on or no tax deduction for persons or spouses who have a tax-favored employer retirement plan. Moreover, traditional IRA withdrawals are subject to a 10% penalty on premature withdrawals, and these withdrawals are not eligible for averaging tax computation.

A
  • Tax Implications of a traditional IRA are as follows. A nonactive participant spouse filing a joint return may receive a full IRA deduction if joint income is less than $198,000. The nonparticipant spouse may receive a partial deduction if joint income is between $198,000 and $208,000.
  • Spousal IRA the same tax implications apply if one spouse is not covered by an employer retirement plan, provided they file a joint return. The non-covered spouse may be able to deduct all of his or her contributions to a traditional IRA in this situation as long as the couple’s AGI is less than $198,000. A partial contribution may be possible if AGI is between $198,000 and $208,000.
  • Coverdell ESA is a trust or custodial account that is created to fund the qualified education expenses of the designated beneficiary. Distributions for qualified higher educational expenses from an education IRA are penalty free and tax-free. Qualified higher education expenses include tuition, fees, books, supplies and equipment required for enrollment or attendance at an eligible higher education institution, and now also for elementary and secondary public, private or religious school expenses.
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25
Q

Which of the following are advantages of traditional IRAs? (Select all that apply)
* Eligible individuals can contribute up to the maximum annual contribution amount to a traditional IRA
* This amount may be deducted from their current taxable income
* Investment income earned on the assets held in a traditional IRA is not taxed until it is withdrawn from the account
* Traditional IRAs do not have the early withdrawal penalty

A

Eligible individuals can contribute up to the maximum annual contribution amount to a traditional IRA
This amount may be deducted from their current taxable income
Investment income earned on the assets held in a traditional IRA is not taxed until it is withdrawn from the account
* Eligible individuals can contribute up to the maximum annual contribution amount to a traditional IRA, and the amount may be deducted from their current taxable income. Income earned from the assets in a traditional IRA is not taxed until it is withdrawn (subject to the 10% early withdrawal penalty).

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26
Q

Dan, age 56, wants to contribute the maximum allowable amount to his IRA account for 2021. His MAGI is $167,000 and he actively participates in his 401(k) plan. What amount can he contribute?
* $0
* $1,000
* $6,000
* $7,000

A

$7,000
* He can contribute $7,000, the $6,000 regular contribution and an additional $1,000 as a “catch-up” contribution as he age 50 or older. He may not be able to deduct his contribution but he can make it.

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27
Q

Assume that Mr. And Mrs. Stevens are both participants in qualified retirement plans and that their combined modified adjusted gross income (MAGI) for 2021 is $180,000. Which of the following statements is true?
* They may not contribute funds to an IRA
* They may make a contribution to an IRA, but the contribution is limited
* They may make a contribution to an IRA, but it will not be deductible
* They may make a contribution to an IRA, but only to the extent allowed under Code Section 415

A

They may make a contribution to an IRA, but it will not be deductible
* For married filing jointly taxpayer who are both participants in an employer-sponsored retirement plan, the deduction for traditional IRA contributions is fully phased out at MAGI of $125,000 (2021). However, they can make nondeductible contributions to the traditional IRA within limits.

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28
Q

Benefit payments from a traditional IRA must begin by:
* April 15th following the calendar year in which the participant turns 70½
* April 1st following the calendar year in which the participant turns 72
* Between the ages of 72 and 75, depending on the IRA contract provisions
* When the participant separates from service

A

April 1st following the calendar year in which the participant turns 72

  • Distributions must begin by April 1 of the year after the year in which age 72 is attained.
  • If the first RMD is deferred until April 1 of the year following the year in which age 72 is attained, the participant will be required to make two RMDs that year; one distribution by April 1 and the second by December 31.
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29
Q

A person who has only investment income can contribute to an IRA.
* False
* True

A

False
* A person needs to have earned income to be able to contribute to an IRA.

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30
Q

Section 2 - Roth IRA

A Roth IRA is a form of IRA under which contributions may be made up to a specified limit on a nondeductible basis, but withdrawals are tax free within certain limitations.

Roth IRAs, like traditional IRAs, are primarily plans of individual savings. They are an alternative form of an individual retirement plan. While they are not employee benefits, benefit planners should understand their features because they fit into an employee’s plan of retirement savings and therefore need to be coordinated with other employer retirement plans.

A

To ensure that you have a solid understanding of the Roth IRA, the following topics will be covered in this lesson:
* When Is It Used?
* Advantages
* Disadvantages
* Tax Implications

Upon completion of this lesson, you should be able to:
* Explain when a Roth IRA is used,
* Point out advantages and disadvantages of a Roth IRA,
* Point out the differences between a traditional IRA and Roth IRA,
* Describe the tax implications of a Roth IRA,
* Define the distribution rules of a Roth IRA, and
* Describe the rollover rules guiding Roth IRA plans.

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31
Q

BIF Bites Podcast: work through Roth IRA practice question (1:57–11:07)

Mike and Jerry work through a Roth IRA practice question (1:57 – 11:07).
https://soundcloud.com/bif-bites/study-plans-quiz-scores-roths

A
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32
Q

When are Roth IRAs Used?

A

Roth IRAs are applicable in certain situations and are used when:
* It is desirable to defer taxes on investment income,
* Long-term accumulation, especially for retirement purposes, is an important objective, and
* A supplement or alternative to a qualified pension or profit-sharing plan is needed.

The Roth IRA is used as an alternative to a traditional IRA when the particular tax benefits available under the Roth IRA are better suited to the individual’s planning needs than the tax benefits from a traditional IRA.

  • The Roth IRA may provide slightly more money at retirement depending on future tax brackets.
  • However, individual circumstances may dictate otherwise. The figure depicted below shows a comparison of various features of Roth and traditional IRAs.

Comparison of Traditional and Roth IRA:

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33
Q

Using the table above, answer the following questions:
* Can a Roth IRA roll over to a traditional IRA?
* Are withdrawals tax-free in a traditional IRA?
* When do the required minimum distributions start in a Roth IRA?
* Does a Roth IRA have a tax-free buildup during the accumulation period?

A
  • Can a Roth IRA roll over to a traditional IRA? NO
  • Are withdrawals tax-free in a traditional IRA? NO
  • When do the required minimum distributions start in a Roth IRA? NO RMD
  • Does a Roth IRA have a tax-free buildup during the accumulation period? YES
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34
Q

What are the Advantages of Roth IRAs?

A

Eligible individuals may contribute up to $6,500 in 2023 to a Roth IRA. Participants aged 50+ may contribute an additional $1,000.

Contributions, called basis, can be redeemed from the Roth-IRA at any time without tax liability or penalty.

All growth and income (gains) generated inside a Roth-IRA are tax-sheltered. Earnings from the account can be distributed tax-free if two requirements are satisfied: 1)The account has existed for at least five years 2) One of the following circumstances is associated with the distribution:
* upon the death of the owner
* the owner is disabled
* the distribution is for a first-time home purchase ($ 10,000-lifetime limit), or
* the owner is age 59 1/2 or older
If the two requirements are both satisfied the initial investment, as well as all investment income, capital gains, or other gains, would be entirely tax-free at the time of withdrawal.

There are several differences between traditional IRAs and Roth IRAs. Unlike traditional IRAs, Roth IRA contribution eligibility is not restricted by active participation in an employer’s retirement plan.

There is no age limit for Roth IRA contributions.
* Roth IRAs are not subject to minimum distribution rules until the death of the Roth IRA owner.
* For traditional IRAs, required minimum distribution (RMD) rules apply upon attainment of age 73.
* Moreover, minimum distributions from traditional IRAs are generally taxable.

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35
Q

Assuming the 5-year holding period has been met, when are withdrawals from a Roth IRA tax-free in their entirety? Click all that apply.
* After age of 55
* Upon death or disability
* After a three-year wait
* First-time home-buying expense

A

Upon death or disability
First-time home-buying expense

Withdrawals are tax-free in their entirely in a Roth IRA: After a five-year wait, and either:
* Upon death or disability
* First time home-buying expense
* After the age of 59 ½

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36
Q

What are the Disadvantages of Roth IRAs?

A

The Roth IRA contribution is limited each year for each individual.
* The limit is reduced for single annual Modified Adjusted Gross Income (MAGI) above $138,000 (2023) and eliminated entirely for a single filer with MAGI of $153,000 (2023) or more.
* The corresponding limits for joint-return filers are $218,000 and $228,000 (2023).

Premature Roth IRA withdrawals in excess of contributions are taxed in full and are also subject to a 10% penalty on early withdrawal similar to that applicable to traditional IRAs.

Practitioner Advice:
* Unlike a traditional IRA, distribution from a Roth IRA are first considered return of principal and thus nontaxable, even before age 59½.

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37
Q

What are the tax implications of Roth IRA plans?

A

The tax implications of Roth IRA plans are explained by taking into consideration the following:
* Contribution rules that set the annual dollar limit on contributions and the phaseout that is applicable for taxpayers with higher adjusted gross incomes. These rules also set the time limits for establishing a Roth IRA account, the nonrefundable credit that is available to certain lower-income taxpayers and the employer’s alternative of sponsoring Roth IRAs for employees.
* Distribution rules that specify if Roth IRA distributions are tax-free or taxable. These rules also define the minimum distribution requirements, rollovers and conversions from Roth IRA plans.

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38
Q

What is the maximum Contribution to a Roth IRA?

A

The maximum Roth IRA contribution for an individual is the lesser of $6,500 or 100% of the individual’s earned income, less contributions to traditional IRAs (not including rollovers to such IRAs).

For example, in 2023, if an individual under age 50 contributes $3,500 to a traditional IRA, then no more than an additional $3,000 can be contributed to a Roth IRA. Earned income means income from employment or self-employment. Investment income is not counted.
Earned income is computed the same way for both traditional and Roth IRAs. For example, taxable alimony payments are included for both types of IRAs.

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39
Q

Assume that in 2023, Kate, age 35, contributes $2,000 to a traditional IRA. Kate’s AGI is $50,000. How much can she contribute to a Roth IRA for 2023 if the payment is made before April 15, 2024?
* $6,500
* $0
* $4,000
* $4,500

A

$4,500
* The maximum Roth-IRA contribution for an individual is the lesser of the dollar limit for 2023 ($6,500) or 100% of the individual’s earned income.
* Since Kate has contributed $2,000 to a traditional deductible IRA, she can only contribute an additional $4,500($6,500-$2,000=$4,500) to a Roth IRA for 2023.

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40
Q

For who and How much is the “catch-up contribution”?

A

For individuals who have attained age 50 before the close of the tax year, an additional dollar amount is allowable. This is known as a “catch-up contribution”.

In 2023, the age 50 catch up election is $1,000. For individuals age 50 or older, the largest contribution to a traditional and/or Roth-IRA is $7,500 a year including any catch-up contribution.

Exam Tip:
* If the MAGI for a given client allows for a contribution to a Roth IRA and an above-the-line deduction for a Traditional IRA, the total combined annual contribution cannot exceed the limits of $6,500 (2023), and an over-50 catch-up of $1,000, or the total taxable compensation (if less than the contribution limits).

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41
Q

What is the AGI Phaseout for Roth IRAs?

A

The contribution limit described in the previous screen is phased out for taxpayers with higher adjusted gross incomes.

The phase-out MAGI limits for 2023 are:
* Single Filers $138,000-$153,000
* Married joint return filers $218,000-$228,000
* Married separate filers $0-$10,000

The adjusted gross income used for these limits is modified AGI, which excludes taxable income from a conversion of a traditional to a Roth IRA.

The reduction in the dollar limit in the phase-out AGI region is proportional to the amount by which the AGI exceeds the lower limit. For example, suppose that a single taxpayer’s 2023 MAGI is $145,500.
* The taxpayer is halfway into the $15,000 phase-out threshold, so their annual contribution limit for 2023 is reduced by half of the maximum amount (½ of $6,500, or $3,250).

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42
Q

What are the contribution Time Limits for a Roth IRA?

A

As with a traditional IRA, eligible persons may establish a Roth IRA account any time prior to the due date of their tax return, without extensions, even if taxpayers actually receive an extension of the filing date.

For most individuals or married couples, the contribution cutoff date is April 15th.
However, since earnings on a Roth IRA account accumulate tax-free, taxpayers may want to make contributions as early as possible in the tax year.

There is no maximum age limit to make Roth IRA contributions, as long as the taxpayer has compensation income at least equal to the Roth contribution, up to the annual limit.

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43
Q

What is the contribution deadline for a Roth IRA?
* December 31st
* April 15th
* April 1st
* January 1st

A

April 15th

  • For most individuals or married couples, the contribution cutoff date is April 15th. However, since earnings on a Roth IRA account accumulate tax-free, taxpayers may want to make contributions as early as possible in the tax year.
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44
Q

Describe Employer-sponsored Roth IRAs

A

Employers can sponsor Roth IRAs for employees as a limited alternative to an employer-sponsored qualified retirement plan. Employers who have a qualified plan can also sponsor a deemed IRA as part of the qualified plan, to provide an additional form of retirement savings for employees.

An IRA can be made available to any employee or a discriminatory group of employees. Contributions to the IRA can be made either as additional compensation from the employer or as a salary reduction elected by the employee.
* If the employer contributes extra compensation, it is taxable to the employee, but the employee may be eligible for the IRA deduction.
* The maximum annual contribution limit for an employer-sponsored IRA is the same as for traditional individual IRAs.

With a Roth IRA, the employee will elect a voluntary employee contribution that will not reduce the employee’s salary.

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45
Q

Describe Qualified Roth Contribution Programs

A

Employers may amend their Section 401(k) or Section 403(b) plan to provide that participants’ elective deferrals may be contributed to a Qualified Roth Contribution Program, which would be a separate account under the Section 401(k) or Section 403(b) plan.

Contributions are made with after tax dollars and gains may be tax-free if withdrawn after retirement or certain other circumstances.

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46
Q

What are the Distribution Rules for multiple Roths?

A

Account holders with more than one Roth IRA must treat the Roth IRAs as a single account when calculating the tax consequences of distributions from any of them.

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47
Q

Describe tax-free Distributions from a Roth IRA

A

Tax-free
Distributions of contributions from a Roth IRA are always tax-free.
Distributions of tax-sheltered gain, called a qualified distribution, may be tax-free if the Roth-IRA is over five years old and meets one of the following purposes for distribution:
* The distribution must be made after the five-year period beginning with the first taxable year in which the individual made a Roth IRA contribution, and the distribution must be either:
* Made on or after the individual attains age 59½,
* Made to a beneficiary or the individual’s estate after the individual’s death,
* Attributable to the individual’s being disabled, or
* Made for a first-time home purchase.
* The five-year holding period is defined as beginning with the first taxable year for which the account holder has a Roth IRA contribution of any kind.
Subsequent rollovers into a Roth IRA will not require a new five-year holding period.

The first-time homebuyer exception is somewhat misleadingly titled. It is available for purchasing a principal residence of the individual, spouse, child, grandchild or ancestor of the individual or spouse.
* It can be used at any time if the individual and spouse did not own a principal residence within the preceding two years.
* The exception can be used more than once.
* However, there is a $10,000 lifetime limitation on the use of the first-time homebuyer exception for Roth IRAs.

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48
Q

Mini Bite: Qualified Distributions from Roth IRAs

Mini Bite: Qualified Distributions from Roth IRAs
https://www.youtube.com/watch?v=W49sPDQFTRc

In this 5-minute video, Mike discusses the requirements for taking a “qualified” (income tax and penalty free) distribution from a Roth IRA. Two key requirements must be satisfied for a distribution to be qualified. Mike explains the nuances of those two requirements as well a few important CFP® Exam points.

The Boston Institute of Finance’s Mini Bite video series aims to tackle key financial planning topics that are both important in practice and testable on CFP® Board’s certification exam.

A

Qualified distributions are completely tax free.
* There are 2 levels of requirements for a qualified distribution
* First level - 5 year holding period
* Second level - death, disability, home ($10k max), age 59.5yo
* Don’t have to be 59.5yo if met other requirement

Five year holding period example:
* Made contribution 4-1-2020
* But Actual holding period began January 1, 2019
* Actual holding period ends January 1, 2024
* (even though that’s actually only 3 years and 9 months)

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49
Q

Describe taxable Distributions from a Roth IRA

A

If a Roth IRA distribution is not tax-free under the rules described in the above screens, the distribution is subject to federal income tax, except that the total of the original nondeductible contributions is distributed first.
* Only after all contributions have been distributed will the earnings be deemed to have been withdrawn.
* In addition, there is a 10% penalty imposed on the taxable amount of any distribution, unless the distribution meets one of the exceptions to the 10% penalty for traditional IRAs.

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50
Q

Mini Bite: Non-Qualified Distributions from Roth IRAs

Mini Bite: Non-Qualified Distributions from Roth IRAs

https://www.youtube.com/watch?v=7a2zIVluBuM

In this 5-minute video Mike discusses the tax treatment of Roth IRA distributions that do not meet the qualified requirements. Many assume that non-qualified distributions will always result in heavy penalties and a big tax bill, but that’s not always the case. Mike clearly explains the distribution ordering rules in this video and the results may surprise you.

The Boston Institute of Finance’s Mini Bite video series aims to tackle key financial planning topics that are both important in practice and testable on CFP® Board’s certification exam.

A

Distributions are non-qualified - if they did not meet the 5 years or 4 qualifying circumstances.

Distribution ordering / Layers:
* First layer that gets distributed are the regular Roth contributions. No income tax. No penalty bc it’s a return of the contribution.
* Second layer - distributing Roth conversion contributions (traditional IRA converted to Roth IRA). No income tax bc they paid tax on the conversion. But if before 5 years, there could be a 10% penalty.
* Third layer - Account earnings. There will be regular income tax at the marginal bracket level and 10% penalty.

Example.
Regular Roth contributions: $24,000
Roth conversion contributions: $50,000
Account Earnings: $26,000
Total Account: $100,000

If client needs $40k.
* first $24k, no tax, no penalty
* next $16k, no tax, maybe 10% penalty depending on 5 year holding window ($1600)

If client wants to liquidate $100k.
* first $24k, no tax, no penalty
* next $50k, no tax, maybe 10% penalty depending on 5 year holding window ($5000)
* next $26k, Income tax, 10% Penalty ($2600)

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51
Q

What are the RMDs for Roth IRAs?

A

There are no minimum distribution requirements at age 73 as there are for traditional IRAs, and the Roth IRA owner can, therefore, accumulate the fund, if appropriate, until death.

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52
Q

What happens with a Roth IRA at the Death of Owner?

A

The SECURE Act changes discussed previously for inherited traditional IRAs also apply to RMDs from an inherited Roth IRA.
* Under the legislation, distributions to individuals other than the surviving spouse of the employee (or IRA owner), disabled or chronically ill
individuals, individuals who are not more than 10 years younger than the employee (or IRA owner), or child of the employee (or IRA owner) who has not reached the age of majority are generally required to be distributed by the end of the tenth calendar year following the year of the employee or IRA owner’s death
.

If the beneficiary is the owner’s spouse, the surviving spouse can elect to treat the Roth IRA as his or her own, which means the beneficiary-spouse is not required to take distributions while living.

  • Distributions to beneficiaries after the owner’s death are tax-free to the recipients, assuming the original 5 year holding period has been satisfied, but they lose their character as Roth IRAs when distributed.
  • Further investment returns on the amounts distributed are taxable.
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53
Q

What is the tax treatment of a distribution to a beneficiary of a seven-year-old Roth-IRA following the owner’s death?
* Tax-free
* Taxed as ordinary income
* Taxed at capital gains rate

A

Tax-free

  • Distributions to beneficiaries after the owner’s death are tax-free to the recipients, but they lose their character as Roth IRAs when distributed. Had the Roth-IRA been established for less than five years, any gain would be taxable at the owner’s death.
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54
Q

Describe Rollovers

A

Transfers between Roth-IRA and Traditional IRAs are possible under certain conditions. There may or may not be income tax and penalties due, depending on the type of transfer.

55
Q

Describe a Rolled to Roth IRA

A

A Roth IRA can be rolled over to another Roth IRA tax-free.

As with traditional IRA rollovers, the transaction may either be a direct transfer between trustees or a rollover.

In the case of the rollover, the owner must deposit all assets withdrawn within 60 days, and only one rollover is permitted within a 12-month period.

56
Q

Describe Rolled to a Traditional IRA

A

There is no Code provision for rolling over a Roth IRA to a traditional IRA.

A withdrawal can be made from a Roth IRA and contributed to a traditional IRA (deductible or nondeductible) within the annual limit for the year of the contribution.

There is also no provision for rolling over a Roth IRA to a qualified plan or tax-deferred annuity (Section 403(b)) plan.

57
Q

Describe Conversion of a IRA

A

A traditional IRA or any part of a traditional IRA can be rolled over to a Roth IRA. This is referred to as a conversion of a traditional IRA to a Roth IRA.

All money converted from an IRA to a Roth-IRA will represent a taxable distribution for the year.
* However, if the IRA owner is under age 59 1/2, the 10% penalty will not be due on all money rolled into, or converted to, the Roth-IRA account.
* Note, any of these “converted” dollars that are removed from the Roth-IRA during the five years following the conversion will be subject to a 10% penalty if the conversion occurred when the owner was under age 59 1/2.

Within a Roth-IRA, the order of withdrawals is:
* Contributions
* Conversions (FIFO)
* Gain

58
Q

Traditional IRAs that are converted to Roth IRAs are not subject to minimum distributions during life.
* True
* False

A

True

Traditional IRAs that are converted to Roth IRAs are not subject to minimum distributions during life.

Qualified distributions from a Roth IRA are not taxable, and this can be very advantageous during retirement or for the beneficiaries.

59
Q

What are the Disadvantages of IRA Conversions?

A

The chief disadvantage of conversion is that the entire amount of the traditional IRA that is converted to a Roth IRA is generally taxable to the owner as ordinary income in the year of the conversion.
Thus, conversion accelerates all the taxes on the traditional IRA that could otherwise be deferred within the limits of the minimum distribution rules.

The 10% premature distribution penalty for withdrawals prior to age 59½ will apply to all nonqualified distributions that are attributable to taxable conversion amounts, and earnings thereon, which are distributed within the five-year period beginning with the year the contribution was made.

60
Q

If a taxpayer is eligible for the maximum annual contribution to either a traditional or a Roth IRA, which should be chosen?

A

Common Questions
Some of the common questions asked about Roth IRAs are listed in the table below:
* If a taxpayer is eligible for the maximum annual contribution to either a traditional or a Roth IRA, which should be chosen? When a taxpayer has $6,000 to invest on a before-tax basis, Roth IRAs and traditional IRAs are actually equivalent, assuming the same tax rate is in effect today as in their retirement years. The deductible IRA is preferable if taxpayers are in a higher tax bracket today than in their retirement years.

61
Q

Is it advisable to convert a traditional IRA to a Roth IRA?

A

Common Questions
Some of the common questions asked about Roth IRAs are listed in the table below:
* Is it advisable to convert a traditional IRA to a Roth IRA? The Roth IRA conversion produces better results, especially if taxes are not paid out of the amount converted, and is therefore a good idea on paper. The longer the converted assets remain in the Roth IRA before withdrawal, the greater the advantage.

62
Q

If I decide to convert my traditional IRA to a Roth IRA, can I move the money back to a traditional IRA within the same year?

A

Common Questions
Some of the common questions asked about Roth IRAs are listed in the table below:
* If I decide to convert my traditional IRA to a Roth IRA, can I move the money back to a traditional IRA within the same year? The Tax Cuts and Jobs Act tax reform bill has removed the ability to recharacterize any Roth IRA conversions done in 2018 and onward.

63
Q

Section 2 - Roth IRA Summary

A Roth IRA is a form of IRA under which contributions may be made up to a specified limit on a nondeductible basis, but withdrawals are tax-free within certain limitations.

In this lesson, we have covered the following:
* Roth IRA is used to defer taxes on investment income and to supplement a qualified pension.
* Advantages of a Roth IRA include tax benefits and more money at the time of retirement. The initial investment income, capital gains and other gains are tax-free at the time of a qualified withdrawal.

A
  • Disadvantage of conversion from traditional IRA to Roth IRA is that the entire amount of the traditional IRA that is converted to a Roth IRA is generally taxable to the owner as ordinary income in the year of the conversion.
  • Differences between traditional IRAs and Roth IRAs: Unlike traditional IRAs, Roth IRA contribution eligibility is not curbed due to participation in an employer’s retirement plan. Unlike traditional IRAs, contributions to Roth IRAs are not allowed if a person’s MAGI is above a certain level. Roth IRAs are not subject to minimum distribution rules until the death of the Roth IRA owner. For traditional IRAs, minimum distribution rules that apply begin at the age of 72.
64
Q

Earned income comprises which of the following? (Select all that apply)
* Income from employment
* Income from self-employment
* Investment income
* Taxable alimony payments

A

Income from employment
Income from self-employment
Taxable alimony payments
* Earned income refers to income from employment or self-employment.
* Taxable alimony payments are considered earned income.
* Investment income is not counted as earned income.

65
Q

Premature Roth IRA withdrawals in excess of contributions may be subject to: (Select all that apply)
* 100% tax
* 50% tax
* 10% penalty
* 20% penalty

A

100% tax
10% penalty
* Premature Roth IRA withdrawals in excess of contributions are taxed in full and may also be subject to a 10% penalty on premature withdrawals.

66
Q

A Roth IRA can be rolled over to another Roth IRA:
* Tax-free
* With a 10% tax imposition
* With a 15% tax imposition
* With a 20% tax imposition

A

Tax-free

  • A Roth IRA can be rolled over to another Roth IRA tax-free. There are no tax liabilities.
67
Q

Section 3 - Simplified Employee Pensions (SEPs)

SEPs (Simplified Employee Pensions) are employer-sponsored plans under which plan contributions are made to the participating employee’s IRA. Tax-deferred contribution levels are significantly higher than the maximum contribution limit for traditional IRAs. A SEP provides for employer contributions only, except for salary reduction SEPs (SAR-SEPs), which were adopted before 1997.

SEPs are easy to adopt and generally simple to administer while providing employees with the tax-deferred retirement savings benefits of a qualified plan.
* However, defined benefit, qualified plans potentially can provide higher contribution levels.
* The 2023 annual SEP contributions are limited to the lesser of 25% of compensation (capped at $330,000), not to exceed $66,000.

A

To ensure that you have a solid understanding of SEPs, the following topics will be covered in this lesson:
* When Is It Used?
* Advantages
* Disadvantages
* Tax Implications
* How to Install a Plan
* ERISA Requirements

Upon completion of this lesson, you should be able to:
* Outline when SEPs are used,
* Explain the advantages and disadvantages of SEPs,
* List the criterion for SEP coverage,
* Describe the tax treatment for SEP, and
* discuss the ERISA requirements.

68
Q

When are Simplified Employee Pensions (SEPs) Used?

A

SEPs are used when the employer is looking for an alternative to a qualified profit sharing plan that is easier and less expensive to install and administer.
* For very small employers, a SEP is one of the simplest types of tax-deferred employee retirement plans available.
* For larger employers, with more than 10 employees, the cost of installing and administering a regular qualified plan can be spread over enough employees, thus making the advantages of a SEP less significant.

Qualified plans must be adopted before the end of the year in which they are to be effective.
* But, on the other hand, SEPs can be adopted as late as the tax return filing date for the year (including extensions) in which they are to be effective. So, when an employer wants to install a tax-deferred plan, and it is too late to adopt a qualified plan for the year in question, SEP is the best bet.

SEPs are also used when an employer who adopted a SAR-SEP prior to 1997 wants to continue to operate a simplified plan funded through employee salary reductions (before-tax contributions). While such plans may not be adopted after 1996, plans in existence before 1997 may continue to operate and add new participants. Employers wishing to adopt a simplified plan after 1996 that is funded through employee salary reductions may wish to consider a SIMPLE IRA plan.

69
Q

SEPs must be adopted in the year in which they are to be effective.
* False
* True

A

False.
* Qualified plans must be adopted before the end of the year in which they are to be effective. But, on the other hand, SEPs can be adopted as late as the tax return filing date, including extensions, for the year in which they are to be effective.

70
Q

What are the Advantages of a SEP?

A

A SEP can be adopted by completing IRS Form 5305-SEP rather than by the complex procedure required for qualified plans.
* However, if the employer adopts a master or prototype qualified plan, the installation costs and complexity may not actually be much greater than that for a SEP, even though the documentation is more voluminous.

Benefits of a SEP are totally portable by employees, since funding consists entirely of IRAs for each employee and employees are always 100% vested in their benefits. Employees own and control their SEP/IRA accounts, even after they terminate employment with the original employer.

A SEP provides as much or more flexibility in the timing of contributions as a qualified profit sharing plan.
* The employer is even free not to make any contribution to the plan in a given year.

Individual SEP IRA accounts allow participants to benefit from good investment results as well as run the risk of bad results.

A SAR-SEP adopted before 1997 can be funded through salary reductions by employees, when certain conditions are met.

71
Q

What are the Disadvantages of a SEP?

A

Employees cannot rely upon a SEP to provide an adequate retirement benefit. Benefits are not significant unless the employer makes substantial, regular contributions to the SEP. Such regular contributions are not a requirement for a SEP. Furthermore, employees who enter the plan at an older age have only a limited number of years left prior to retirement to build up their SEP accounts.

Distributions from SEPs are not eligible for special averaging available for certain qualified plan distributions.

Employers often see the immediate vesting of their contributions as a disadvantage.

72
Q

What are the Tax Implications of a SEP?

A

An employer can deduct contributions to a SEP up to 25% of the total payroll of all employees covered under the plan if the contributions are made under a written formula that meets various requirements of the Internal Revenue Code.
* Each individual can receive and exclude from income the lesser of 25% of the employee’s income or $66,000 (2023).

Furthermore, elective deferrals in Salary Reductions SEPs are not included for purposes of the employer’s deduction limit.

73
Q

What are the SEP Coverage Requirements?

A

The major SEP coverage requirements include:
* A SEP must cover all employees who are at least 21 years of age and who have worked for the employer during three out of the preceding five calendar years. Part-time employment counts in determining years of service. If the employer wishes, the plan can be modified to allow participation at younger ages or with fewer years of service.
* Contributions need not be made on behalf of employees whose compensation for the calendar year was less than $750 (2023).
* The plan can** exclude employees who are members of collective bargaining units** if retirement benefits have been the subject of good faith bargaining. Nonresident aliens can also be excluded.

74
Q

What is the required Employer Contribution in a SEP?

A

The employer need not contribute any particular amount to a SEP or make any contribution at all.
* The recurring and substantial contributions requirement applicable to qualified profit sharing plans has no effect on SEPs, so SEP contributions are more flexible than those to a qualified plan.
* An employer can freely omit any year’s contribution to a SEP without having to worry about adverse tax consequences.

75
Q

Which of the following statements are true in regards to employer contributions for SEP? Click all that apply.
* No specific employer amount
* Can omit a contribution
* Must contribute every year
* Specific employer amount

A

No specific employer amount
Can omit a contribution

  • An employer offering a SEP does not have to contribute a specific amount or make contribution every year.
76
Q

Describe the Allocation of Employer Contribution to SEPs

A

The employer contribution, if made, must be allocated to plan participants under a written formula that does not discriminate in favor of highly compensated employees.
* SEP formulas usually provide allocations as a uniform percentage of the total compensation of each employee.
* In the allocation formula, only the first $330,000 (2023) of each employee’s compensation can be taken into account.
* SEP allocation formulas can be integrated with Social Security under the integration rules applicable to qualified defined contribution plans.

77
Q

What are Salary Reduction SEPs?

A

While new SAR-SEPs may not be adopted after 1996, an employer who has 25 or fewer eligible employees and who adopted a salary reduction SEP, which means one funded through employee salary reductions prior to 1997, can continue to operate the plan and may add new participants. Under a salary reduction plan, employees have an election to receive cash or have amounts contributed to the SEP.
* The arrangement works similarly to a Section 401(k) salary reduction arrangement.

Salary reductions are subject to an annual limit.
* The employee must add together, each year, all elective deferrals to salary reduction SEPS, Section 401(k) plans, SIMPLE IRAs and Section 403(b) tax-deferred annuity plans.
* All elective deferrals from all employer plans that cover the employee must be aggregated. The total must not exceed $22,500 (2023).

In addition to the foregoing salary reductions, employees who have reached the age of 50 during the plan year may be able to make catch-up contributions of an additional $7,500 (2023).

Note that the above limits are higher than those applicable to SIMPLEs, so employers with grandfathered salary reduction SEPs may wish to continue them.

An employer cannot use a salary reduction SEP unless 50% or more of the employees eligible to participate elect to make SEP contributions.
* In addition, rules similar to the actual deferral percentage (ADP) test apply to a salary reduction SEP.

Under the ADP rules for SAR-SEPs, the deferral percentage for the highly compensated eligible group must be no more than 1.25 times the ADP of non-highly compensated eligible employee group.
* For example, if non-highly compensated employees elect salary reductions averaging 6% of compensation, The ADP for the no highly compensated employee cannot be more than 7.5%.

Salary reductions, but not direct employer contributions, are subject to Social Security (FICA) and federal unemployment (FUTA) taxes. The impact of state payroll taxes depends on the particular state’s law. Both salary reductions and employer contributions may be exempt from state payroll taxes in some states.

78
Q

What type of account is the Employee SEP Account?

A

In a SEP plan, each participating employee maintains a traditional IRA.
* Employer contributions are made directly to the employee’s IRA.
* Employer contributions are not included in the employee’s taxable income

79
Q

Describe Taxes in a Direct employer contribution SEP

A

Direct employer contributions to a SEP are not subject to Social Security (FICA) or federal unemployment (FUTA) taxes.
The impact of state payroll taxes depends on the particular state’s laws. Both salary reductions and employer contributions may be exempt from state payroll taxes in some states.

80
Q

Describe SEP Distribution

A

Distributions to employees from the plan are treated as distributions from an IRA.
All the restrictions on traditional IRA distributions apply and the distributions are taxed in the same manner.

81
Q

How do you Install a SEP?

A

Installation of a SEP is very simple. The employer only has to complete Form 5305-SEP. To adopt a SEP, the employer completes the form and signs it prior to the tax filing date for the year in which the SEP takes effect. The form does not have to be sent to the IRS or any other government agency.

A SEP adopted by filling out Form 5305-SEP is somewhat inflexible, since it must follow the provisions set out on the IRS model form. Some of the provisions in this form are more stringent than are actually required by the SEP rules; in particular:
* The plan set out on Form 5305-SEP is not integrated with Social Security.
* By its terms, Form 5305-SEP cannot be used if the employer:
* Currently maintains a qualified plan, or
* Maintained a qualified defined benefit plan at any time in the past covering one or more of the employees to be covered under the SEP
.

If the employer wants to adopt a SEP plan that avoids the limitations of the IRS model form, the plan must be custom designed.
Costs for custom designing and installing a SEP are comparable to those for a qualified profit sharing plan.

Click here to view a sample of the Form 5305-SEP.

82
Q

What are the ERISA Requirements for a SEP?

A
  • The reporting and disclosure requirements for SEPs are simplified if the employer uses Form 5305-SEP.
  • The annual report form from the 5500 series need not be filed if these forms are used.
  • In other cases, reporting and disclosure requirements are similar to those for a qualified profit sharing plan.
83
Q

Section 3 - Simplified Employee Pensions (SEPs) Summary

A SEP is a written arrangement that allows employers to make contributions to their own and employees’ retirement without having to get too embroiled in other complex retirement plans. The contributions are made to a SEP-IRA for each individual employee. An employer can use IRS Form 5305-SEP to satisfy the written arrangement requirement for a SEP.

If a SEP plan is in place, contributions to the plan in any given year are not a must. But if contributions are made, the contributions must be based on a specific written allocation formula and should not discriminate in favor of well-compensated employees.

In this lesson, we have covered the following:
* SEPs can be adopted as late as the tax return filing date for the given year, including extensions. They are widely used when an employer wants to install a tax-deferred plan but is too late to adopt a qualified plan for the year in question.
* Advantages include low installation costs, flexibility, and benefits that are totally portable by employees. Employees own and control their SEP/IRA accounts, even after they terminate employment with the original employer.

A
  • Disadvantages include those relating to employees who cannot rely upon a SEP to provide an adequate retirement benefit. Regular contributions are not a requirement for a SEP, and benefits are insignificant unless the employer makes substantial, regular contributions to the SEP. They are also unfavorable towards employees who enter the plan at an older age. Also, distributions from SEPs are not eligible for special averaging.
  • Tax Implications presently stipulate that an employer can deduct contributions to a SEP up to 25% of the total payroll of all employees covered under the plan. Each individual can receive and exclude from income the lesser of 25% of the employee’s income or $66,000 (2023).
  • Installation of a SEP is very simple. To adopt a SEP, the employer has to complete Form 5305-SEP. But the form cannot be used if the employer has a qualified plan or had maintained a qualified defined benefit plan at any time in the past covering one or more of the employees to be covered under the SEP.
  • ERISA Requirements for SEPs are simplified if the employer uses Form 5305-SEP. The annual report form from the 5500 series need not be filed if these forms are used. In other cases, reporting and disclosure requirements are similar to those for a qualified profit-sharing plan.
84
Q

Which of the following statements is true in regards to a SEP tax-deferred employee retirement plan? (Select all that apply)
* Simple to implement
* Difficult to handle
* Expensive to administer
* Not expensive to administer
* A preferred option when an employer wishes to install a retirement plan after the time to adopt a qualified plan has passed.

A

Simple to implement
Not expensive to administer
A preferred option when an employer wishes to install a retirement plan after the time to adopt a qualified plan has passed.
* A SEP tax-deferred employee retirement plan is very simple to implement and not at all expensive to administer, hence making it a popular choice for employers, and even more so for employers who wish to install a tax-deferred plan and are too late to adopt a qualified plan for the year in question.

85
Q

Harry Grisham is 45 years old. He joins a company that provides a SEP to its employees. Which of the following statements is true regarding Harry and the SEP plan? (Select all that apply)
* Provides an adequate retirement benefit for him.
* May not provide an adequate retirement benefit for him.
* Provides significant benefits
* May not provide significant benefits

A

May not provide an adequate retirement benefit for him.
May not provide significant benefits
* Employees must not rely upon a SEP to provide them with an adequate retirement benefit. Benefits are significant only if the employer makes substantial, regular contributions to the SEP. But such regular contributions are not a requirement for a SEP, so it may not provide significant benefits.

86
Q

The maximum annual additions limit to a defined contribution plan on behalf of a participant in 2023 is:
* Lesser of 25% of compensation or $22,500 (2023)
* Lesser of 100% of compensation or $66,000 (2023)
* Increased from 15% to 20%
* Unlimited

A

Lesser of 100% of compensation or $66,000 (2023)

  • The annual additions limit is the lesser of 100% of the participant’s covered compensation or $66,000 (2023).
  • Annual additions include employee contributions, employer contributions, and reallocated forfeitures.
87
Q

A law firm is made up of two partners who will earn $500,000 each this year, a secretary who will earn $40,000 and several law clerks who earn from $25,000 to $35,000 each per year. The partners and the secretary started out the firm over seven years ago. Law clerks serve for a year or two and then move on. The firm has a SEP-IRA plan. Which individuals must receive a contribution to their SEP-IRA account for this year?
* Only one of the lawyers and any one other person
* Both of the lawyers, but not the secretary or clerks
* Both lawyers and the secretary but not the clerks
* Every person employed by the firm

A

Both lawyers and the secretary but not the clerks
* Contributions do not need to be made to employees until their third year of service.

88
Q

Section 4 - SIMPLE IRA

SIMPLE (Savings Incentive Match Plans for Employees) IRAs are employer-sponsored plans under which plan contributions are made to a participating employee’s IRA.
* Tax-deferred contribution levels are significantly higher than the $6,500(2023) limit for IRAs.
* SIMPLE IRAs feature employee salary reduction contributions (elective deferrals) coupled with employer matching or non-elective contributions.

SIMPLE IRAs are easy to adopt and administer while providing employees with tax-deferred retirement savings benefits much like those of a qualified plan. However, qualified plans potentially provide higher contribution levels. An employee’s salary reduction under a SIMPLE IRA cannot be more than $15,500 in 2023. Participants age 50+ may make an additional catch-up contribution of $3,500 (2023) per year.

A

The term SIMPLE plan, as used in the Internal Revenue Code, refers to a SIMPLE IRA plan.
Section 401(k) plans are permitted to satisfy the nondiscrimination in amount requirement (ADP test) by adopting provisions that are similar to the SIMPLE IRA requirements, but they are subject to additional requirements.

89
Q

When Is a SIMPLE IRA Used?

A

A SIMPLE IRA is ideal in a situation when the employer is looking for an alternative to a qualified profit sharing plan that is easier and less expensive to install and administer.
* For very small employers, the SIMPLE IRA is one of the simplest types of tax-deferred employee retirement plans available.
* However, for larger employers, the cost of installing and administering a regular qualified plan can be spread over enough employees so that the advantages of these are less significant.

SIMPLE IRAs are used extensively in cases where:
* An employer has 100 or fewer employees and wants an easy-to-administer plan funded through employee salary reductions, or
* An individual has a relatively small amount of self-employment income, and the SIMPLE IRA contribution limit is higher than that available for any other form of tax-favored plan, such as a Keogh plan or SEP.

90
Q

What are the advantages of a SIMPLE IRA?

A

A SIMPLE IRA may be adopted by completing the IRS Forms 5304-SIMPLE or 5305-SIMPLE. However, if the employer adopts a master or prototype qualified plan, the installation costs and complexity may not actually be much greater than that for a Simple IRA, even though the documentation is more voluminous.

Benefits of a SIMPLE IRA are totally portable by employees, since funding consists entirely of IRAs for each employee, and employees are always 100% vested in their benefits. Employees own and control their accounts, even after they terminate employment with the original employer.

Individual IRA accounts allow participants to benefit from good investment results as well as run the risk of bad results.

SIMPLE IRAs can be funded in part through salary reductions by employees if certain conditions are met.

Click here to view a sample of the Form 5304-SIMPLE and here to view Form 5305-SIMPLE.

91
Q

What are the Disadvantages
of a SIMPLE IRA?

A

Employees cannot rely upon a SIMPLE IRA to provide an adequate retirement benefit.

Annual contributions are generally restricted to lesser amounts than would be available in a qualified plan.
* SIMPLE IRA salary reduction contributions are limited by the maximum $15,500 (2023) salary reduction permitted for each participant (plus the employer’s matching contribution).
* This contrasts with the $22,500 (2023) annual salary reduction permitted for traditional 401(k) plans or for 403(b) plans.
* The catch-up contribution limits are also lower for SIMPLE IRAs (and SIMPLE 401(k) plans) than for traditional 401(k) plans and 403(b) plans.

Distributions from SIMPLE IRAs are not eligible for special 10-year averaging available for certain qualified plan distributions.

If an employer adopts a SIMPLE IRA plan, it cannot also maintain a qualified plan, SEP, 403(a) annuity, 403(b) tax-sheltered annuity, or a government plan (other than Section 457 plan) for that year. However, certain collective bargained plans will not affect an employer’s eligibility to establish a SIMPLE IRA.

92
Q

What are the tax implications of a SIMPLE IRA ?

A

The tax implications in the case of a SIMPLE IRA involve conditions of contributions that the employer must follow while deducting contributions.
* If an organization maintains a SIMPLE IRA plan, it has restrictions in maintaining other plans.
* Every employee participating in the SIMPLE IRA plan maintains his or her own IRA.
* Employer contributions are made directly to the employee IRA as salary contributions.
* These are not subject to taxes. But salary contributions of employees are subject to Social Security taxes.

93
Q

Describe Conditions of Contribution Deductions in SIMPLE IRAs

A

The employer may deduct employer contributions if certain Code requirements are met. The principal requirements are as follows:
* Employers must have 100 or fewer employees on any day of the year. However, only employees with at least $5,000 in compensation for the preceding year are counted.
* Contributions may be made to an IRA established for each employee.
* Employees who earned at least $5,000 from the employer in any two preceding years, and are reasonably expected to earn at least $5,000 in the current year, can contribute through salary deductions up to $15,500 (2023), annually.
* Participants aged 50 and older may be permitted to make additional catch-up contributions of $3,500 (2023).

The employer is required to make a contribution equal to either:
* A dollar-for-dollar matching contribution of 3% of the employee’s compensation (the employer can elect a lower percentage, not less than 1%, in no more than two out of the five years ending with the current year), or
* 2% of compensation for all eligible employees earning at least $5,000 (whether or not they elect salary reductions).

94
Q

If the employer maintains a SIMPLE IRA, What Plans Must They Not Have

A

If the employer maintains a SIMPLE IRA, it may not maintain a qualified plan, SEP, 403(a) annuity, 403(b) tax-sheltered annuity or a governmental plan other than a Section 457 plan, for that year.
* However, an employer who has only a collectively bargained qualified plan but not any other qualified plan may adopt a SIMPLE IRA plan for the noncollectively bargained employees, provided none of the SIMPLE IRA participants are participants in the collectively bargained plan.

95
Q

Describe the Employee Account in the SIMPLE IRA

A

Each participating employee maintains an IRA for the SIMPLE IRA plan contributions. Employer contributions are made directly to the employee’s IRA, as are any employee salary reduction contributions. Employer contributions and employee salary reductions are not included in the employee’s taxable income (except that employee salary reductions do not reduce taxes paid for Social Security).

96
Q

What are the Taxes in SIMPLE IRAs?

A

Direct employer contributions are not subject to the Social Security Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA) taxes.
* However, employee salary reduction contributions are subject to FICA and FUTA.
* The impact of state payroll taxes depends on the particular state’s laws.
* Both salary reductions and employer contributions may be exempt from state payroll taxes in some states.

97
Q

Describe Distributions in a SIMPLE IRA

A

Distributions to employees are generally treated as distributions from a traditional IRA. All the restrictions on traditional IRA distributions apply, and the distributions are taxed in the same way.
* However, the 10% penalty on premature distributions is increased to 25% during the first two years of participation.

Furthermore, while a rollover may be made at any time from one SIMPLE IRA to another SIMPLE IRA, a rollover from a SIMPLE IRA to a traditional IRA during the first two years of participation is permitted only in the case of distributions to which the 25% early distribution penalty does not apply.
In particular, remember that the 10-year averaging provisions are not available for SIMPLE IRA distributions.

98
Q

A limited, nonrefundable tax credit is available to certain lower-income taxpayers who make salary deferrals to a SIMPLE IRA.
* True
* False

A

True
* A limited, nonrefundable tax credit is available to certain lower-income taxpayers who make salary deferrals to a SIMPLE IRA.

99
Q

How do you Install a SIMPLE IRA plan?

A

Installation of a SIMPLE IRA plan is very easy. The employer merely completes Form 5304-SIMPLE or Form 5305-SIMPLE.
* Form 5304-SIMPLE does not provide for a designated financial institution for participant investments, while
* Form 5305-SIMPLE does, which some plan sponsors and participants may find restrictive

Employees must make salary reduction elections during a 60-day period prior to January 1 of the year for which the elections are made. The form does not have to be sent to the IRS or any other government agency.

100
Q

What are the ERISA Requirements for SIMPLE IRA plans?

A

The reporting and disclosure requirements for SIMPLE IRA plans are simplified, particularly if the employer uses Form 5304-SIMPLE or 5305-SIMPLE.
The annual report forms (5500 series) are not required for SIMPLE IRA plans.

101
Q

Section 4 - SIMPLE IRAs Summary

SIMPLE IRAs are employer-sponsored plans under which plan contributions are made to a participating employee’s IRA. Tax-deferred contribution levels are significantly higher than they are for traditional and Roth IRAs. SIMPLE IRAs feature employee salary reduction contributions coupled with employer matching or non-elective contributions.

In this lesson, we have covered the following:
* SIMPLE IRA is used for small employers, as it is one of the simplest types of tax-deferred employee retirement plans available.

A
  • Advantages of adopting a SIMPLE IRA include flexibility in the timing of contributions. The employer has to contribute 3% match to all participating employees or 2% to everyone. A SIMPLE IRA does have the flexibility to lower the 3% match down to 1% in not more than 2 out of 5 years. Individual IRA accounts allow participants to benefit from good investment results as well as to run the risk of bad results.
  • Disadvantages of a SIMPLE IRA include the fact that it is not favorably disposed towards employees who enter the plan at an older age.
  • Installation of a SIMPLE IRA plan is very easy. The employer merely completes Form 5304-SIMPLE or Form 5305-SIMPLE.
  • ERISA Requirements include reporting and disclosure requirements for SIMPLE IRA plans. However, the annual report forms (5500 series) are not required for SIMPLE IRA plans.
102
Q

Rodney is analyzing various retirement plans. From the situations listed below, choose when a SIMPLE IRA is useful? (Select all that apply)
* When an employer is looking for an inexpensive plan
* When an employer has less than 100 employees
* When an employer has more than 100 employees
* When an individual has a substantial self-employment income

A

When an employer is looking for an inexpensive plan
When an employer has less than 100 employees
* A SIMPLE IRA is attractive for employers who are looking for inexpensive and easy to install plans. It is ideal for employers with 100 or less employees so that the employer can fund the plan with an employee salary reduction. SIMPLE IRAs are useful for individuals with a small amount of self-employment income, and not for individuals with high self-employment income.

103
Q

Which of the following is a SIMPLE IRA limitation?
* Dollar limitation
* Percentage limitation
* Limitations of Section 415
* Limitations of Section 404(a)

A

Dollar limitation

  • The SIMPLE-IRA does not have a percentage limit. In 2021, the maximum dollar limit for employee deferrals is $13,500.
104
Q

Section 5 - 403(b) Plans

A tax-deferred annuity plan (also called a “TDA” plan or Section 403(b) plan) is a tax-deferred employee retirement plan that can be adopted only by certain tax-exempt organizations and certain public school systems. Employees have accounts in a 403(b) plan to which employees contribute through salary reductions (and/or employer contributions).

The benefits of a 403(b) plan to employees are similar to those of a qualified profit sharing plan, particularly the Section 401(k) type of plan. The 403(b) contribution is, within limits, not currently taxable to employees (contributions are subject to Social Security tax); plan account balances accumulate tax-free; and tax on plan contributions and account earnings is deferred until the employee actually withdraws amounts from the plan.
Additionally, 403(b) plans may allow Roth 403(b) contributions which are made with after tax dollars but allow gains to grow tax sheltered and be withdrawn tax free under certain conditions.

A

To ensure that you have a solid understanding of 403(b) plans, the following topics will be covered in this lesson:
* When Is It Used?
* Advantages
* Disadvantages
* Design Features
* Tax Implications
* ERISA Requirements
* How to Install a Plan

Upon completion of this lesson, you should be able to:
* Explain when the 403(b) plan is used,
* Describe the advantages and disadvantages of the 403(b) plan,
* Point out the differences between 403(b) and qualified plans,
* Outline the design features of the plan,
* Explain 100% vesting in amounts contributed to the 403(b) plan by salary reduction,
* Explain plan investment options for a 403(b) plan,
* Describe the ERISA requirements of the plan, and
* Explain how the plan is installed.

105
Q

Paused on prior notecards.

Now only copy & paste most important

A

When Is It Used?
The 403(b) plan (TSA) is most commonly used by tax-exempt entities such as public schools, colleges, universities, churches and hospitals. It can be used by an organization that meets the following requirements:

When and only when the employer organization is eligible under the 403(b) provisions of the Code. An organization must be one of the following in order to adopt a 403(b) plan:
A tax-exempt employer described in Section 501(c)(3) of the Code. This means that:
The employer must be organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes; or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals.
The organization must benefit the public, rather than a private shareholder or individual.
The organization further must refrain from political campaigning or propaganda intended to influence legislation. In other words, most familiar nonprofit institutions, such as churches, hospitals, private schools and colleges, and charitable institutions are eligible to adopt a 403(b).
An educational organization with:
A regular faculty and curriculum
A regularly enrolled student body in attendance
Operated by a state or municipal agency In other words, most public schools and colleges may adopt a 403(b) plan. A 403(b) plan can also be adopted for certain employees outside of the schools who perform services involving the operation or direction of the public school education program.
Assuming the employer organization is eligible, the positive indications for a 403(b) plan are:
When the employer wants to provide a tax-deferred retirement plan for employees but can afford only minimal extra expense beyond existing salary and benefit costs. A 403(b) plan can be funded entirely from employee salary reductions except for installation and administration costs, which must be paid for by the employer. In most plans, however, some additional employer contribution to the plan can enhance its effectiveness.

The only extra cost is plan installation and administration. The plan may actually result in some savings as a result of lower state or local (but not federal) payroll taxes.

In-service withdrawals by employees are permitted. These are not available in qualified pension plans, although they are available in profit sharing plans.

Design similar to qualified Section 401(k) plans

Any kind of formula can be used, subject to two major limitations:
First, salary reductions elected by participants are subject to the salary reduction, or elective deferral, limit.
Second, the total amount of tax-deferred employer and employee contributions to the employee’s account is subject to the annual Section 415 limitation of the lesser of 100% of compensation or $66,000 (2023). The 100% limit is applied to the participant’s gross compensation, unreduced by the participant’s salary reduction contributions to the 403(b) plan or any Section 401(k), 457, SIMPLE or Flexible Spending Arrangement (FSA) plan.

106
Q
A
107
Q

Salary reductions elected after compensation is earned are ineffective as a result of the tax doctrine of __ ____??____ __.
* constructive receipt
* assignment of income
* substance over form
* business purpose

A

constructive receipt

  • Salary reductions elected after compensation is earned are ineffective as a result of the tax doctrine of constructive receipt.
108
Q

Practitioner Advice: 403(b) in public schools rarely w/ employer contrib

Practitioner Advice: 403(b) plans in public schools rarely enjoy any employer contributions. When you find employer contributions and/or matching contributions, they will most likely occur in colleges and universities as well as non-profit 501(c)(3) corporations.

A
109
Q

Practitioner Advice:

Practitioner Advice:
It may be advisable to directly transfer Roth 403(b) assets to a Roth IRA before taking withdrawals. Then the more favorable FIFO withdrawal rules will apply. The also helps avoid mandatory withdrawals at age 73. To avoid the Required Minimum Distributions of Roth 403(b) accounts, the participant can directly transfer them to a Roth-IRA account prior to age 73. Roth IRA accounts are not subject to mandatory withdrawals at age 73. However, there’s a “tax trap” here to be careful of. If the receiving Roth IRA is established at that point in time, a new five-year rule will have to be satisfied before untaxed gains can be withdrawn tax-free, even though the five-year rule was satisfied in the 403(b) plan. It would be wise for the participant to have anticipated this and started a Roth IRA at least five years prior to rolling the Roth 403(b) money in.

A
110
Q

Following 15 years of service, employees of which of these employers may be eligible for the special “15 years of service” catch-up? (Select all that apply)
* Hospitals
* Schools
* Health care insurance agency
* Adventist Church
* Law firm

A

Hospitals
Schools
Adventist Church
* Health care insurance agencies, law firms and health maintenance organizations are not tax-exempt organizations, so they cannot install a Section 403 (b) plan.

111
Q

Brad is a retirement planning analyst who wishes to determine the benefits of a Section 403(b) tax annuity plan. All of the following are benefits of a Section 403(b) tax-deferred annuity plan, except:
* Contributions may not be currently taxable to employees.
* Lump-sum distributions qualify for special 5-year averaging.
* Plan account balances accumulate tax-free.
* The tax on plan contributions and earnings is deferred until the employee actually withdraws the money.

A

Lump-sum distributions qualify for special 5-year averaging.
* Contributions to a 403(b) tax deferred annuity plan may or may not be currently taxable. It depends on whether the contributions are traditional or Roth.
* The plan account balances can accumulate tax-free (and may even be distributed under certain circumstances tax free).
* Lump sums do not qualify for any special averaging.

112
Q

Sara Jones is 55 years of age and has taught at the state university for over 15 years. Her tax-deferred annuity plan allows her to make the maximum elective deferral permitted by law, including catch-up contributions. Sara does not participate in any other salary deferral plan. What is the maximum salary deferral she can make to the plan in the 2021 plan year?
* $26,000
* $19,500
* $29,000
* $58,000

A

$29,000
* Normally, Sara could contribute the maximum salary deferral amount for 2021 of $19,500.
* However, she can take advantage of the age 50 or older catch-up of $6,500 and the “15 years of service” catch-up of another $3,000 for a total of $29,000 assuming that her income from the university is at least that amount.

113
Q

Section 6 - HR10 (Keogh) Plan

A Keogh plan, sometimes referred to as an HR10 plan, is a qualified retirement plan that covers one or more self-employed individuals. A self-employed individual is a sole proprietor or partner who works in his or her unincorporated business.

Like all qualified plans, a Keogh plan enables those covered under the plan to accumulate a private retirement fund that will supplement their other savings and Social Security benefits. A Keogh plan works like a corporate qualified plan in almost all situations.

A

To ensure that you have a solid understanding of the HR10 (Keogh) plan, the following topics will be covered in this lesson:
* When Is It Used?
* Advantages
* Disadvantages
* Types of Keogh Plans
* Keoghs versus Other Qualified Plans
* Tax and ERISA Implications
* Alternatives

Upon completion of this lesson, you should be able to:
* Explain when the Keogh plan is used,
* Explain the advantages and disadvantages of this plan,
* Identify the different kinds of Keogh plans,
* Compare and contrast Keogh plans with other qualified plans,
* Explain tax implications of Keogh plans, and
* Explain how to nullify disadvantages of the 403(b) by adopting alternative plans.

114
Q

What are the IRS requirements for a profit-sharing plan that prevent it from being deemed terminated?
* Payments must be 15% of employee’s salary.
* No payment requirements.
* Payments must be made every year.
* Payments must be substantial and recurring.

A

Payments must be substantial and recurring.
* The IRS requires substantial and recurring contributions, or the plan may be deemed to have terminated. This contribution flexibility is very advantageous for small business, whose income may fluctuate substantially from year to year.

115
Q

A money purchase Keogh plan does not have to meet minimum funding requirements. They just have to make substantial and recurring contributions, or the plan may be deemed to have terminated. State True or False.
* False
* True

A

False
* A money purchase plan is subject to the Code’s minimum funding requirements. These require the employer to make contributions to each employee’s and self-employed person’s account each year equal to the percentage of compensation stated in the plan.

116
Q

Pract Advice: fraction for Keogh & SEP-IRA plans divide the contr dec by

Practitioner Advice:
* The “alternative” fraction for contributions in Keogh and SEP-IRA plans for owners is easily determined by dividing the regular contribution (expressed as a decimal) by 1 plus the decimal amount. For example, if the normal contribution is 25%, the net fraction for the owner is determined by the formula:
* .25 / 1.25 = .20 = 20%

A
117
Q

A plan loan to an owner-employee is permitted under the same requirements that apply to those from qualified plans. State True or False.
* False
* True

A

True
* Plan loans to an owner-employee are not prohibited transaction under the code, provided the other plan code regulations for loans are followed.

118
Q

Section 6 - HR10 (Keogh) Plan Summary

Keogh plan is a tax-deferred retirement savings plan for the self-employed and is similar to an IRA. The major difference between a Keogh and an IRA is its contribution limit. Although exact contribution limits depend on the type of Keogh plan, in general, a self-employed individual can contribute a maximum of $66,000 (2023) to a Keogh plan each year, and deduct that amount from taxable income.

The Keogh plan offers the individual a chance for his or her savings to grow free of taxes. Taxes are not paid until the individual begins withdrawing funds from the plan.

A Keogh plan is used when long-term capital accumulation for retirement purposes is the primary objective of a self-employed business owner. It is effective when an owner of an unincorporated business wishes to adopt a plan providing retirement benefits for regular employees as an incentive and employee benefit, as well as retirement savings for the business owner.
* Advantages include tax-deferred income generated by the investments in a Keogh plan. Reinvestment of income and buildup of tax-deferred earnings make Keogh plans popular.

A
  • Disadvantages include high costs. A 10% penalty is imposed, in addition to federal income tax, for withdrawal of plan funds before the age of 59½, death, or disability.
  • Types of Keogh plans can be designed to cover self-employed persons. Such plans include the profit-sharing plan, money purchase plan, target benefit plan, and defined benefit plan.
  • Keoghs versus Other Qualified plans -the unique feature of a Keogh plan, as compared with qualified plans adopted by corporations, is that the Keogh plan covers self-employed individuals, who are not technically considered employees. The amount of money contributed to a Keogh for the owner’s benefit is based on earned income as opposed to compensation.
  • Tax and ERISA Implications Keogh plans generally have the same tax and ERISA implications as regular qualified plans.
  • Alternatives are sometimes used to offset the disadvantages of Keogh plans. Under current law, it is not advantageous to incorporate a business simply to obtain corporate treatment for qualified plans, as it may backfire and result in higher taxes. A simplified employee pension (SEP) may be even simpler to adopt than a Keogh plan, particularly if only one self-employed individual is covered. In addition, SEPs can be adopted as late as the individual’s tax return filing date, when it is too late to adopt a new Keogh plan.
119
Q

An HR10 Keogh plan covers which of the following? (Select all that apply)
* Self employed individuals
* Employees of an unincorporated business
* Employees of an S Corporation
* Employees of a C corporation

A

Self employed individuals
Employees of an unincorporated business

  • A Keogh plan only covers one or more self-employed individuals and the employees of an unincorporated business.
120
Q

Evershine Inc. is setting up retirement plans for its employees. Can Evershine Inc. set up a Keogh plan?
* Yes
* No

A

No
* A Keogh plan can only be set up for an unincorporated business.

121
Q

Paul is a financial planner who wants to find the uses of a Keogh plan. A Keogh plan is used for which of the following reasons? (Select all that apply)
* Long-term capital accumulation
* Retirement purposes
* Short-term capital accumulation
* Loan purposes
* To shelter current earnings from federal income tax for a self-employed individual

A

Long-term capital accumulation
Retirement purposes
Loan purposes
To shelter current earnings from federal income tax for a self-employed individual
* A Keogh plan is used for long-term capital accumulation, loan purposes, retirement purposes, and to shelter current earnings from federal Income tax for a self-employed individual. It is also applicable in the case of an employee of a self-employed individual.

122
Q

Module Summary

A retirement plan offers financial security for people after retirement. Most retirement plans allow the savings to grow tax-free, which is an added incentive. There are different retirement plan options. Some of these options are a traditional IRA, Roth IRA, Simplified Employee Pension (SEP) plan, SIMPLE IRA, Tax-Deferred Annuity (TSA) plan, and Keogh plan.

The key concepts to remember are:
* Traditional IRA is a plan that provides tax-deferred income and investment income. But contributions might be deductible. Traditional IRA withdrawals are also subject to a 10% penalty on premature withdrawals.
* Roth IRA is a plan used to defer taxes on investment income and often to supplement a retirement plan. Roth IRA offers some unique tax benefits and potentially more money at retirement than a traditional IRA. Unlike a traditional IRA, a Roth IRA does not put curbs on eligibility on the basis of age or due to participation in an employer’s tax-favored retirement plan.
* SEPs can be adopted even in the eleventh hour—that is, as late as the tax return filing date for the given year, including extensions. SEPs are mostly used when an employer wants to install a tax-deferred plan but is too late to adopt a qualified plan for the year in question. People are attracted to it for its low installation costs, flexibility, and benefits that are portable by employees. But SEP benefits can be quite insignificant to an employee as compared to a defined benefit plan.

A
  • SIMPLE IRA is an employer-sponsored plan under which plan contributions are made to a participating employee’s IRA. As compared to other plans, it is easier and less expensive to install and administer. It is ideal for small employers as it is one of the simplest types of tax-deferred employee retirement plans available. Like the traditional IRA, the SIMPLE plan is not favorably disposed towards employees who enter the plan at a later age.
  • 403(b) plan is used when the employer organization is eligible under the 403(b) provisions. It offers employees flexibility in the amount they wish to save under the plan. This plan, too, is not favorable to older employees. People opting for this plan bear the risk of their investments. The plan is not difficult to set up.
  • Keogh plan is a tax-deferred qualified retirement savings plan for the self-employed. The Keogh plan offers the individual tax-free savings growth. Taxes are paid only after the individual begins withdrawing funds from the plan.
123
Q

EXAM Lesson 5. Other Tax-Advantaged Retirement Plans

EXAM Lesson 5. Other Tax-Advantaged Retirement Plans

Course 5. Retirement Planning

A
124
Q

Sally, age 50, is a freelance photographer and earns $200,000 per year. She wants to open a traditional IRA as she has not yet started a retirement plan and wants to know the maximum amount she can deduct for an IRA contribution for 2023 year assuming she contributes the maximum allowable.
What amount can Sally deduct?
* $7,500
* $0
* $6,500
* 25% of her earnings from self-employment

A

$7,500

  • Sally can contribute and deduct $7,500 (2023).
  • She is not an active participant in a retirement plan, therefore, her earnings do not prohibit her from deducting the full contribution.
  • She is eligible for a $6,500 regular contribution plus a $1,000 age 50+ catch-up contribution.
125
Q

Jolene, age 40, was divorced in 2018. She currently receives $3,000 per month alimony and earns $5,000 annually working a part-time job with no benefits on weekends.
What is the maximum amount Jolene can contribute equally to a traditional IRA and a Roth IRA this year?
* $2,500
* $5,000
* $6,500
* $3,250

A

$3,250
* Jolene can contribute $3,250 (2023) equally to a traditional IRA and a Roth IRA. Because her divorce was finalized prior to 2019 the alimony she receives is considered compensation for IRA contribution purposes. IRA contributions must be aggregated for purposes of applying the annual maximum.
* Jolene’s alimony ($36,000, annually) + earned income ($5,000) = $41,000 of total income. Therefore, she can fund a total of $6,500 to the IRAs, $3,250 each if evenly split.

126
Q

Maria has net earnings from self-employment of $100,000 this year. Her self-employment tax is $14,130. What is the maximum amount she may contribute to a SEP on her behalf this year?
* $18,587
* $25,000
* $58,000
* $20,000

A

$18,587

  • Maria may contribute up to $18,587 to a SEP plan on her behalf this year.
  • Net earnings from self-employment ($100,000) minus ½ of the SE tax ($7,065) = $92,935
  • $92,935 x 0.20 (0.25/1.25) = $18,587
127
Q

What is the maximum possible contribution to a SEP on behalf of a participant for 2023?
* $6,500
* The lesser of 25% of compensation or $66,000 (2023)
* $73,500
* The lesser of 100% of compensation or $66,000 (2023)

A

The lesser of 25% of compensation or $66,000 (2023)
* The 2023 annual employer SEP contributions on behalf of a participant are limited to the lesser of 25% of compensation (capped at $330,000), not to exceed $66,000.

128
Q

Ernesto and Maria, both age 49, are self-employed professionals with combined MAGI of $175,000. Maria maintains a SEP IRA and contributes the maximum allowable each year.
What combined amount may Ernesto and Maria contribute to traditional IRAs this year?
* $0
* $12,000
* $9,000
* $6,000

A

$12,000

  • Ernesto and Maria may each contribute $6,000 (2022) to an IRA this year.
  • Although Maria is an active participant in a retirement plan, she is not prohibited from contributing to an IRA.
129
Q

Which of the following is an absolute requirement for a qualified distribution from a Roth IRA?
* A 5-year holding period has been met
* Attainment of at least age 59.5
* Death of the account holder
* First-time home purchase

A

A 5-year holding period has been met

  • Only a 5-year holding period is an absolute requirement for a qualified distribution. There cannot be a qualified distribution without meeting the 5-year holding period requirement. Death, disability, attainment of age 59.5, or first-time home purchase are possible qualifying circumstances for a qualified distribution.
130
Q

Joe, age 40, was divorced in 2018. He currently receives $3,000 per month alimony and earns $5,000 annually working a part-time job with no benefits on weekends. What is the maximum amount Joe can contribute to an IRA this year?
* $0
* $7,000
* $6,000
* $5,000

A

$6,000
* Joe can contribute $6,000 (2022) to an IRA.
* Because his divorce was finalized prior to 2019 the alimony he receives is considered compensation for IRA contribution purposes.
* The maximum IRA contribution for an individual younger than 50 is $6,000.

131
Q

Sue, age 50, has taught in the same public high school for 20 years but is participating in the school district’s Section 403(b) for the first time this year. What is the maximum contribution Sue may make to the plan this year if her annual salary is $90,000?
* $33,000
* $22,500
* $30,000
* $66,000

A

$33,000

  • Sue may contribute up to $33,000 (2023).
  • Because Sue has been employed by the same school for at least 15 years and has not previously contributed the maximum amount, she is eligible for a special catch-up contribution allowance of $3,000 in addition to the regular contribution limit of $22,500 and the age 50+ catch up allowance of $7,500.
132
Q

Each of the following statements is correct regarding a SIMPLE IRA EXCEPT:
* An employer may exclude from SIMPLE IRA participation employees who have not earned at least $5,000 from the employer in any two preceding years, and are reasonably expected to earn at least $5,000 in the current year.
* An eligible employer may have no more than 100 employees.
* Employee deferrals into a SIMPLE IRA are aggregated with qualified plan deferrals in applying maximum annual limits.
* A distribution from a SIMPLE IRA within the first two years of participation may be subject to a 10% penalty.

A

A distribution from a SIMPLE IRA within the first two years of participation may be subject to a 10% penalty.
* A distribution from a SIMPLE IRA within the first two years of participation may be subject to a 25% penalty.

133
Q

Jerome, age 40, was divorced in 2020. He currently receives $3,000 per month in alimony and earns $5,000 annually working a part-time job with no benefits on weekends.
What is the maximum amount Jerome can contribute to an IRA this year?
* $5,000
* $7,000
* $6,000
* $0

A

$5,000

  • Jerome can contribute $5,000 (2023) to an IRA. Because his divorce was finalized after January 1, 2019, the alimony he receives is not considered compensation for IRA contribution purposes.
  • He may contribute the lesser of $6,500 (2023) or 100% of his compensation income.
134
Q

Ernesto and Maria, both age 49, are self-employed professionals with combined MAGI of $175,000. Maria maintains a SEP IRA and contributes the maximum allowable each year. What combined amount may Ernesto and Maria deduct this year if maximum contributions are made to traditional IRAs?
* $0
* $6,000
* $9,000
* $12,000

A

$6,000

  • Ernesto and Maria may each contribute $6,000 (2022) to an IRA this year but only $6,000 may be deducted.
  • Maria is an active participant in a retirement plan and their MAGI exceeds the deduction phase-out threshold, therefore, no deduction for her contribution is available.
  • Ernesto’s contribution is fully deductible because their MAGI is below the applicable deduction phaseout.