Tax Tips 2007 Q&A - IRAs, 401(k)s, & Retirement
Tax Tips Q&A
Read Kevin McCormally's answers to tax questions submitted by NBR's viewers.
Click on a tax topic to explore related questions and answers.
This feature is intended to provide general information and education and should not be considered as investment or tax advice. Each individual should consult his or her own tax, financial, or investment advisor.
IRAs, 401(k)s, & Retirement
QUESTION: REPORTING CONTRIBUTION TO CONVERTED ROTH
I converted a traditional IRA to a Roth in March 2007. Once that was completed, I contributed $5,000 (I am 56 years old.)for tax year 2006 by 15 April 2007. Then, I made contributions regularly through the rest of 2007 until I reached my maximum for that year. How do I report the 2006 contribution?
--Scott Roberts, Oak Park, Michigan
ANSWER
You don't report Roth contributions; although you do need to report the conversion (and pay tax on the converted amount) on your 2007 return. Use form 8606 http://www.irs.gov/pub/irs-pdf/f8606.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: REQUIRED WITHDRAWALS FROM THRIFT SAVINGS PLAN
I am a Federal Civil Service retiree. I have over $300,000 Government's Thrift Savings Plan (TSP). I am 68, wife is 58, and two single daughters are 27 and 25. I am told that I have to withdraw all the money in my TSP account when I reach 70 1/2, in two years time. Please tell me how much and when, I should withdraw this money so that I will have to pay the least amount of taxes?
--RAZ KHAN, PALMDALE, CA
ANSWER
You don't have to withdraw all the money at 70 1/2. You must start withdrawing it at that age (actually by April 1 of the year following the year you turn 70 1/2) or you can roll your balance over into an IRA and begin tapping it at that age. You base withdrawals on a special life-expectancy table that lets you spread withdrawals over 26.5 years. The longer you stretch out the payouts, the more time your money will have to grow tax-deferred. Of course, the more your money grows, the more tax you'll ultimately pay , but that's a good thing because it means you get more money. You'll find the withdrawal rules in IRS Publication 590: http://www.irs.gov/pub/irs-pdf/p590.pdf
Here's some info from the TSP site:
How long can I leave my money in the TSP?
If you do not want to withdraw your account when you leave Federal service, you can leave your entire account balance in the TSP. However, you must withdraw your entire balance (or begin receiving monthly payments from the TSP or from the TSP annuity vendor) by April 1 of the year following the year you turn 70 1/2 (or following the year you separate, if you are already over age 70 1/2 when you leave Federal service).
If you do not make a withdrawal by the required deadline, your TSP account must be paid to you in the form of an annuity, as required by law. If you do not provide the necessary information for the TSP to purchase an annuity for you (and your spouse, if applicable), or if you cannot be located, your account will be declared abandoned. You may later reclaim your account and choose a withdrawal option; however, you will receive no earnings from the date your account was declared abandoned.
What are "required minimum distributions?"
If you have separated from service, the IRS requires that you receive a certain portion of your account balance beginning in the year in which you become 70 1/2. This portion, known as a "required minimum distribution," is based on your life expectancy. If you do not make a full withdrawal or begin monthly payments by the year in which you become 70 1/2, the TSP must send you the required distribution before April 1 of the following year. When you choose a withdrawal option, the TSP will determine whether you are required to have a portion of your account paid directly to you as a minimum distribution. The TSP will notify you and make any required minimum distribution payments to you as necessary.
The minimum distribution requirement applies only to participants who have separated from Federal service. It does not apply to active employees, regardless of their age.
To learn more about the minimum distribution requirement, read the tax notice "Important Tax Information About Your TSP Withdrawal and Required Minimum Distributions."
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: GIFTING MONEY TO SON'S IRA
Kevin,
I tried to run the numbers on contributing $4,000 to my son's IRA . It only reduced his tax refund by $12. I couldn't believe it, but assumed this was caused by his low earnings, less than $10,000.
Is there any options to reduce my earnings by giving his a tax deductabe gift and then putting it in his IRA. This gift would have a greater impact on my tax obligation.
--Louis Gephardt, Baltimore, MD
ANSWER
You can't deduct a gift to your son. I suggest you use a Roth IRA...no deduction now (it's not worth much anyway as you've discovered) but tax-free income for your son in retirement.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: COMBINING A MIXED PRE- AND POST-TAX IRA TO ROTH
Before Roth IRA came into being, I contributed to my traditional IRA account with both pretax and after-tax money. Is there a way to separate out the nondeductible portion and convert it to a Roth IRA?
--Paul So, Chicago, IL
ANSWER
Sorry, but no. When you convert to a Roth, you must total the non-deductible contributions to your traditional IRA (or IRAs if you have more than one) and figure the ratio of that total to the total amount in your traditional IRA(s). Say you make $10,000 of nondeductible contributions and your traditional IRAs are now worth $100,000. In that case, 10% of any conversion would be considered after-tax money (and thus not taxed) and the other 90% would be taxed.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: WHERE DO I REPORT 401(k) ROLLOVER?
I received Form1099-R Pension from Fidelity. I contributed $1668 more tnan $15500 for 401K in 2007. The form also showed tax withheld. My question is where I should report to in Form 1040? on line 7 or line 16a/b? Also do I need to report a 401K rollover on line 15a/b or 16a/b? Thanks!
--John, Rockville, MD
ANSWER
You report the 401(k) rollover on 16a and 16b. The corrective distribution from the 401(k) should be added to your W-2 amount and reported on line 7 (the amount was subtracted from W-2 income when it went into the 401(k), so this trues things up.)
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: LAW ON TAX-FREE IRA DISTRIBUTIONS TO CHARITY
I turned 70-1/2 this year and will be taking my first RMD this year. Has the law been extended for making tax-free distributions from an IRA to a charity? This provision was available to 70-1/2 year olds in 2006 and 2007. If this was possible would the donation be rolled over directly from the Investment Co. to the charity?
--Heidi Seidel, Holley, NY
ANSWER
That provision expired at the end of 2007, but at Kiplinger we fully expect it to be reinstated -- retroactive to January 1, 2008. If you want to be sure, wait until later in the year to make your gift. But I am very confident the rule will be restored.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: TAXATION ON ROTH
I converted $ 12,500 from a conventional IRA to a ROTH five years ago. Within a few months the value dropped to $ 1,500. It is now a little over $ 2,000. I know that capital gain on a ROTH is not taxable. If I close the account now, is there a chance I could declare a capital loss? Thank you.
--Doug, San Francisco, CA
ANSWER
Assuming this is your only Roth IRA, then, yes, you could deduct the loss -- if you itemize and you're not subject to the Alternative Minimum Tax.
Here's how it works: When you close a Roth IRA, you compare the amount you receive to your "basis" in the account. With a Roth, your basis is the total of contributions plus any conversions minus any earlier withdrawals. The difference is a loss. But it's not a capital loss to be reported on a Schedule D. Instead, it is an ordinary loss, which is considered a miscellaneous itemized deduction on a Schedule A. The trick there is that miscellaneous expenses are deductible only to the extent that they exceed 2% of your adjusted gross income.
Let's assume you close your loss and retrieve $2,000 -- leaving you with a loss of $10,500. If your AGI for 2008 is $50,000, the first $1,000 of your miscellaneous expenses (2% of $50,000) wouldn't be deductible. But you'd still be allowed to write-off $8,500.
If you're one of the increasing number of taxpayers hit by the AMT, however, you don't get this deduction. Miscellaneous deductions are not allowed under the AMT.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: CREDIT FOR RETIREMENT SAVINGS
On April 10th you mentioned: "A special tax credit to encourage low-income workers to save for retirement can really pay off for those struggling to get their careers off the ground. The credit can range from 10 percent all the way to 50 percent of the amount contributed to the IRA." Please tell me what form needs to be filed and how to go about it. Station: NY Chanel 13 Name: City & State:
--ray muntz, westbury, ny
ANSWER
You claim the Retirement Savers Credit on Form 8880: http://www.irs.gov/pub/irs-pdf/f8880.pdf
Here are the basic rules:
Introduction
You may be able to take a tax credit if you
make eligible contributions (defined later) to a qualified retirement
plan, an eligible deferred compensation plan, or an individual retirement
arrangement (IRA). You may be able to take a credit of up to $1,000 (up
to $2,000 if filing jointly). This credit could reduce the federal income
tax you pay dollar for dollar.
Can you claim the credit? If you make eligible contributions to a qualified retirement plan, an eligible deferred compensation plan, or an IRA, you can claim the credit if all of the following apply.
1. You were born before January 2, 1990.
2. You are not a full-time student (explained later).
3. No one else, such as your parent(s), claims an exemption for you on their tax return.
4. Your adjusted gross income (defined later) is not more than:
a. $52,000 if your filing status is married filing jointly,
b. $39,000 if your filing status is head of household, or
c. $26,000 if your filing status is single, married filing separately, or qualifying widow(er).
You'll find all the details in Publication 590: http://www.irs.gov/publications/p590/ch05.html
Good luck.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: USING TRADE DATE vs SETTLEMENT DATE ON REQUIRED DISTRTIBUTIONS
On December 31, 2007, I called the custodian of my beneficiary-directed IRA to sell shares of their proprietary mutual fund and requested that a check be mailed out as my mandatory required distribution. Can the "trade date" be used rather then the settlement date for tax purposes? I did not receive a 1099 and was told that it would be provided to me for this year rather then last year's return. Thanks for your assistance.
--Steve, Buffalo, NY
ANSWER
I'd suggest that you report the payout as an '07 distribution, which will show good faith if the IRS questions whether you failed to make the required minimum distribution on time. The IRS can waive the 50% if you have a good reason. Also, note this item from our Kiplinger Tax Letter:
Good news for taxpayers who didn't take enough from a plan or IRA: Those folks needn't pay the penalty first and then seek a refund, IRS says. In the past, folks who failed to take a required minimum payout had to pay the 50% penalty up front, even if they had reasonable cause. Now, the Service has revised Form 5329 to allow filers to seek a waiver and attach an explanation. The penalty is due only if relief is denied.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: IRAs FOR KIDS
WHAT DID YOU SAY ABOUT IRA's for kids on your april 10 tips?
--NBR viewer
ANSWER
It's my favorite tax tip. If you have children who worked during 2007 -- any kind of job from baby sitting to working retail to delivering papers, any job that paid them income -- then they can have an IRA. Most kids would rather do anything other than save for retirement, of course, so I suggest that parents or grandparents who can afford it seed an IRA for the kids. The power of compounding is amazing over five or more decades.
The law demands that someone have earned income (from a job, not investments) to have an IRA, but it's okay for someone else to actually provide the money for the account. You can't put in more than the annual limit ($4,000 in 2007) or more than the child earned during the year, whichever is LESS. Some IRA custodians refuse to open IRAs for minors, but many are happy to. You'll find more info on kid IRAs at www.kiplinger.com.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: COMMENT ON QUALIFIED CONTRIBUTIONS
This isn't as much a question as a comment. The tax laws for 2007 permit someone age 70 1/2 who is required to make a mimimum distribution from an IRA to save tax by making a charitable contribution directly from the IRA to a qualifying charity and not include that amount in their adjusted gross income. The 1099-R reporting has no special feature to report these qualified charitable contributions; the amount reported on the 1099-R is the gross amount of the distribution without regard to the QCD. Absent an attachment from the IRA administrator, it would be easy for the taxpayer (or tax preparer) to overlook such a charitable distribution made in 2007, which has the potential to reduce taxable social security income and provide the taxpayer with the benefit of a chartiable contribution where it might not otherwise be available. This might be of interest to your viewers filling out their returns at the last minute or who have already filed but may have missed taking this income reduction on their tax returns.
--Clay Hicks, Asheboro, NC
ANSWER
Thanks, but I would hope that people who went to the trouble to make a qualified contribution would remember it at tax time. We expect this tax break to be resurrected for this and future years, so we'll be writing more about it. I hope that will job the memories of anyone who forgot. Thanks for your comment.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: ROLLOVERS IN TURBO-TAX
I rolled over from my former employer 401k to a current employer 401K and I received a 1099-R from my former employer. It was a 100% direct Rollover. The column 7 has "G" entry in the 1099R. However, when I enter the 1099R information into Turbotaxonline (software i use to do my taxes), it increases my Total Modified adjustabe Gross income by the 1099-R amount? Why is it doing so when it is a direct rollover. This is what turbotax is doing, For example, Lets say My w2 income is 50K and 1099R shows 20K with "G" in column 7, When I complete all the enteries, it is showing my Gross income as 70 K (50K + 20K). This is causing my 2007 IRA contributions to be nontax deductible for 2007. Please help.
--Pankaj, Houston, Texas
ANSWER
I tried entering a rollover with code G into TurboTax (I used the desktop version) and it worked fine, reporting the distribution on lien 16a but nothing on 16b and nothing included in AGI. I suggest trying again. Be sure not to include anything in the box for the taxable portion of the distribution. If it was a direct rollover, it is tax free. Good luck.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: BASIS AND LOSSES IN 401(k)
I contributed to my 401k many years ago in the company's stock. Since then, the value of the company's stock has declined significantly. Can I claim any capital losses in the 401k when I will retire and take out the money? My other question is: Do I have to keep track of the gains and losses in the retirement savings account (i.e., IRA and 401k) for tax purposes? What if I don't remember the exact amount of my original contributions?
--William, Boston
ANSWER
Because your 401(k) contributions are made with pre-tax dollars, you don't get to deduct losses inside the account. Since money you withdraw from the 401(k) is fully taxable, pulling out LESS because of the losses will limit your tax bill on the withdrawals. You only need to keep track of any after-tax contributions to a 401(k) or IRA (which are rare).
You need to keep track of those contributions because they establish a basis in the account and -- to prevent paying tax on the same money twice -- part of each withdrawal in retirement is tax free, based on the ratio of the total in the account to the total of your nondeductible contributions. But, if you only make pre-tax contributions, you don't need to keep track...because 100% of withdrawals will be taxed.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: GIFTED IRA INCREASED TAX, WHY?
My elderly father is gifting his assetts into a income only trust owned by his 3 children. His income consists of a pension and social security appx 45k. He does not itemize. He cashed in 20 k ira and gifted it. he says it increased his tax liability by 6500.00. can this be correct?
--jim cowden, indianapolis indiana
ANSWER
It's tough to know based on this info, but I fear it is possible that 32.5% of the IRA withdrawal could go to taxes. UP to 85% of your father's social security benefits could be taxable and, when added to the pension income, his taxable income could be $40,000 or so. After subtracting his personal exemption and standard deduction, that would leave him in the 25% federal tax bracket (it starts at $31,850 of taxable income for 2007). So, if he has a 7.5% state tax, too, that would add up to 32.5%.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: SHOULD EARNINGS ON EXCESS ROTH CONTRIBUTIONS BE REMOVED?
A Roth IRA for tax year 2006 was funded in March 2007. The Roth had an excess contribution of $500. The excess contribution was removed in February 2008. The earnings attributable to the excess contribution remain in the Roth. Question: Should the earnings remain in the account? The custodian told us that the earnings on the excess contribution should remain in the account. The instructions on the back of the withdrawal form state that the earnings should remain in the account. Meanwhile, I called the IRS and they said the earnings on the excess contributions should be removed.
--R. Wasielewski, Houston, Tx
ANSWER
To avoid the excess contribution tax, the 2006 excess contribution and its earnings should have been withdrawn by October 15, 2007.
From the info you provide, I believe you owe the excess contribution tax (6% of the $500) on your 2007 return. Now, I believe you could leave all the money in the account and assume it's part of your 2007 contribution, and avoid the excess contribution tax in the future. See IRS Publication 590 for details. http://www.irs.gov/pub/irs-pdf/p590.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: IS IT WORTH IT TO DELAY SOCIAL SECURITY PAYMENTS?
My birth date is 5-18-42. My age group has to work until age 65 and 10 months to get a "full" social security payment and March 2008 fulfilled that requirment for me. My social security office started my SS payments as of January 2008 saying that I may as well start collecting even though I am still employed. I will probably work until the end of 2008 and I make about $70,000 a year. My question is: Will I have to pay tax on the social security payments that I receive this year. If so, how much? Would I be better off to return all my social security payments and start at a higher payment level in January 2009?
--Allan Gehring, Plant City, Florida
ANSWER
Yes, at least 50% and probably 85% of your benefits will be considered taxable income. The income tax is triggered when your income (which in this case is defined as taxable income plus 50% of social security benefits, plus any tax-exempt interest) exceeds $25,000 on a single return or $32,000 on a joint return. At those levels up to half of your benefits can be taxed. At higher levels, $32,000 on single returns and $44,000 on joint returns, up to 85% of benefits can (and usually are) taxed.
Some people refer to the social security earnings test as a tax. That's the rule that, if you make over a certain amount in a year, your benefits are reduced by $1 for every $2 or $3 over the limit. This really isn't a tax, but some people delay taking benefits until they stop working to avoid the reduction in benefits. The earnings test does NOT apply after you reach your normal retirement age, which you have.
As to whether you should pay back your benefits and claim a larger benefit in 2009 (that's to the delayed retirement credit), that's not really a tax question. It's a question about how long you're going to live (and I don't get into that!). If you don't need the money now, however, and you have every expectancy of living out your life expectancy and beyond, postponing your benefits to a later age would likely allow you to collect more benefits over your lifetime.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: HELPING LOW INCOME EARNERS FUND IRAS
what did you call the program for low income earners to help fund their ira's -- the one where the governmnet kicks in some money to fund the ira's ( a tax credit).
--pat warnock, san rafael ca
ANSWER
It's called the retirement saver's credit or the credit for retirement savings. It's explained in this document from the IRS: http://www.irs.gov/newsroom/article/0,,id=172969,00.html
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
Editor's Note: you can see Kevin's commentary about the credit for retirement savings, titled "Tip #8: IRAs For Kids -- and all his Tax Tips -- from the main Tax Tips page on NBR.
QUESTION: HOW DO I REPORT INHERITED IRA?
I inherited a Traditional IRA from my Father in 2006 and had to take a RMD of $3000 in 2007 (because he was >71). Do I report this IRA RMD as taxable income on form 1040 or is this non-taxable income because it is an IRA? I have been unable to find the answer to this question on the IRS site. Thanks very much!
--Lou Cox, Urbana, IL
ANSWER
I'm assuming this is a traditional IRA, not a Roth. And, as the heir of an IRA, you are taxed on distributions just as the original owner would have been taxed. Report the distribution on line 15 of the Form 1040. It is completely taxable (assuming your father had not made any nontaxable contributions).
If it is a Roth IRA, distributions are tax-free to you.
One other thing, I'm assuming you were not the designated beneficiary of the account, but rather inherited the IRA under your father's will or intestate rules. Because, if you were the designated beneficiary, the fact that your father was over 70 1/2 has no bearing on your RMDs. You can base the payouts on your life expectancy. Be sure to double check this point.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: PAYING MEDICAL EXPENSE PUSHED ME INTO HIGHER TAX BRACKET
I am retired and living off my investments. Recently I had a $17,000 Medical expense which I paid by cashing some tax defered stock that was about 90% profit. This was treated as income by the tax software. That caused my Social Security to be taxed and added the SS to my total income. That put me into a higher tax bracket. The end result was that the stock was effectively taxed at more than 42%. I ended up having to cash more stock to cover the extra tax.
Could this have been avoided and how?
--Gerald, S. Portland, Maine
Welcome to the world of bubble brackets, where higher income can push more income into the grasp of the IRS (like more of your Social Security benefits), effectively hiking your marginal tax rate.
As to whether you could have done something different: First, the long-term gain on the stock would be taxable, but it should be taxed at no more than 15%. Did you itemize deductions? Such a large unreimbursed medical expense sounds like it should have been deductible due what I assume is your low income.
Social Security is tax free only if your income (including half of your benefits) is less than $25,000 on a single return or $32,000 on a joint return. Medical expenses are deductible only to the extent they exceed 7.5% of your adjusted gross income. So, if your AGI was $20,000 before the $17,000 gain, and therefore $37,000 with it, the 7.5% of AGI test would mean about $3,000 of the expense wouldn't be deductible. So, about $14,000 would be deductible...and that's more than your standard deduction.
I'm just guessing on the numbers of course, but if you should have itemized and did not, you can file an amended return using Form 1040X and reclaim some of the tax.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: COST BASIS FOR NUA PROGRAM
I have been investing in my company stock for years..I plan on retireing at 55(next year)..I want to take advantage of the NUA program..how do I find out my cost basis per share?? my 401k plan is administered by Hewwitt Associates.
thank you for any information..
--Richard Mendez, Whittier, CA
ANSWER
Good news. The plan is required to report the net unrealized appreciation to you in box 6 of the 1099-R that reports the distribution. Ask the plan sponsor how you elect NUA treatment for the employer stock. http://www.irs.gov/pub/irs-pdf/f1099r.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: CONTRIBUTING TO 403(b) AND TO AN IRA
I contributed $15,000 to my employer sponsored 403-b acct. in 2007. My tax preparer tells me I am eligible to put additional monies into my personal ira. Is this true? In years past he told me I was not eligible to put any money into the ira if I was covered by my employer's plan. Did something change?
--Greg, Pittsburgh, Pa
ANSWER
No, nothing changed in the law.
You can contribute to a traditional IRA up to the year you turn 70 1/2, regardless of your income. If you are covered by a retirement plan at work (like the 403(b), though, the right to deduct contributions is phased out at higher income levels. The deduction phases out as AGI rises from $52,000 to $62,000 on a single return and from $83,000 to $103,000 on a joint return. If your income is above the top of those levels you can still contribute to an IRA, you just can't deduct the contribution.
The rules are different for Roth IRAs. You can't contribute at all if your income is over $114,000 on a single return or over $166,000 on a joint return.
I hope this helps.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: CONTRIBUTING TO A SPOUSE'S IRA
If you contribute to a Keogh and are over 70 1/2,can you contribute to spouse's IRA if spouse is under 70?
--Helen, Louisville, KY
ANSWER
Yes, assuming you're talking about a traditional IRA. The only question is whether or not the contribution to the spousal IRA would be deductible. When one spouse has a company plan (the Keogh counts) and the other does not, the right to deduct contributions to the traditional IRA ($4,000 for 2007 or $5,000 if the taxpayer was at least 50 at the end of the year) phases out as adjusted gross income rises between $156,000 and $166,000.
If you're thinking of a Roth, for which there is no deduction, you the
same $156,000 to $166,000 phase out zone determines if you can contribution
at all. If your AGI is over $166,000 you can't contribute to a Roth for
your wife or yourself (there's no age limit on Roth contributions).
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: DOUBLING-UP ON 401(k) CONTRIBUTIONS
Dear Mr. McCornally:
My question is regarding a self-employed 401(k). I've met with a CFP, an AE, and a CPA and received different answers.
In 2008 I started a part-time consulting business (i.e., "moonlighting") and will be paid via 1099. In my full-time job, I have already contributed $15,500 to a company Roth 401(k) plan and the company matched 10% of my salary. In addition, I've already paid the maximum OASDI.
First, can I open a self-employed 401(k) and make employee tax deferred contributions up to $15,500 as well as employer tax deductable profit-sharing contributions effectively at the 20% level?
Second, regarding the self employment tax, the IRS calculations use 7.65% as the deduction amount. Since I've already paid the maximum OASDI tax, do I use 1.45% (half of Medicare Hospital Insurance (HI) rate of 2.9%)?
Finally, regarding the $45,000 aggregate limit on employer and employee contributions, if the self-employed 401(k) tax deferred contributions are independent from those of a company 401(k), is the $45,000 maximum applicable within each plan or across all 401(k) plans?
Sincerely,
--Ed Riley, Beaverton, Oregon
ANSWER
You can't double up on 401(k) contributions. If you have a 401(k) at work and contributes the max, for example, then you can't contribute to a solo 401(k). However, you can open a SEP IRA and contribute up to 20% of net self-employment income (or 25% of compensation if you're incorporated) up to $45,000 for 2007 and $46,000 for 2008. With a SEP, you can't make an employer contribution like a solo 401(k), but the maximum limits are the same. And there are no catch-up contributions for 50+ with a SEP IRA.
As for the FICA contribution, it makes sense that if you have contributed the max on the OASDI portion ($97,500 for 2007; $102,000 for 2008) to just contribute the 1.45% for Medicare on the additional earnings.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: BONUS PAID AFTER RETIREMENT
I retired in 2006. I received a bonus for work done 2006 paid in 2007 and was taxed fed, state, social security, medicare, and state SDI for 2007. 1) Can I get a refund for any of these taxes? 2) Can I open a Roth IRA for 2007 with the income from this 2007 bonus (assuming I qualified in the other requirements)? Thank you.
--James, Irvine, CA
ANSWER
It sounds like this is deferred compensation and it would be taxed just as it would have been if you received it in the year you worked. So, I don't see why you'd get a refund, unless too much tax was withheld.
The law specifically says that deferred comp does NOT count as income for purposes of making an IRA contribution for the year received.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: DETERMINING ROTH IRA FUNDING LIMITS
I am being told limits are $114,000 for individuals and $166,000 for married couples (Using a modified AGI number) My question is what line is this (Modified Number) determined from on the 1040 Tax Return? Before (Page one last line) or After All deductions? (Page#2) Thank you.
--David Kraft, Pittsburgh, PA
ANSWER
Great question. For purposes of contributing to a Roth, the income phase-out is based on "modified adjusted gross income" which is before deductions and exemptions are subtracted. To find your modified AGI for this test, start with adjusted gross income on line 37 of the 1040. Then you add:
* Any deduction you claimed for a regular contribution to a traditional IRA.
* Any deduction you claim for student loan interest or qualified tuition and related expenses.
*Any income you excluded because of the foreign earned income exclusion.
*Any exclusion or deduction you claimed for foreign housing.
*Any interest income from series EE bonds that you were able to exclude because you paid qualified higher education expenses.
*Any employer-paid adoption expense you excluded.
*Any amount claimed as domestic production activities deduction.
Then you subtract any amount in AGI due to a Roth conversion.
That gives you your modified AGI to determine if you can contribute to a Roth.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: TAX VEHICLES FOR THOSE WHO CAN'T USE IRA
As I understand that I am not eligible for an IRA of any kind, are there any tax advantaged vehicles for those who earn over $150,000 but are not covered by any employer pension plan?
--Myrna, New York, NY
ANSWER
I take it that you are married and your spouse is eligible for a retirement plan at work. That's the only reason someone without a retirement plan him or herself would be ineligible for a traditional IRA.
If that's the case, you may want to look into annuities, which provide for tax-deferred growth until you begin receiving payments. The tax break can be powerful, but you must beware that annuities are complicated animals and too-often carry high fees (there are exceptions). Also, if you choose a variable deferred annuity, in which your money is basically invested in mutual funds, using the annuity basically coverts earnings from capital gains to ordinary income. All taxable payouts from an annuity are treated as ordinary income and taxed in your top bracket.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: FOREGOING DEDUCTIONS TO INCREASE CONTRIBUTIONS
While I understand I must declare income is it also necessary to deduct expenses associated with earning that income? By choosing to NOT deduct, say Schedule C expenses from Schedule C income, I can report higher net earnings and therefore make a larger deductible contribution to my IRA-SEP.
--Joe
ANSWER
No, the law does not require you to claim all your legitimate deduction...although common sense does.
Passing up deductions so you can report more taxable income -- to support a bigger retirement fund deduction -- would be a costly mistake. Remember, your SEP contribution is limited to 20% of your net self-employment earnings. So, for every $1 you forego in legit deductions, you get to deposit only 20 extra cents in your SEP. I think you'll be far better off taking the deductions and investing in a taxable account.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: USING IRA FUNDS FOR HIGHER EDUCATION
Can a traditional IRA distribution that is not rolled over be used to fund higher education tuition without triggering tax penalties.
--Mark, Austin, TX
ANSWER
There is an exception to the 10% early (pre-age 59 1/2) distribution penalty for IRAs for fund used to pay qualifying higher education expense for yourself, your spouse or you children. You'll find the details in IRS Publication 590 that you'll find at http://www.irs.gov/pub/irs-pdf/p590.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: CATCH UP CONTRIBUTIONS FOR IRA
Hi. My question is regarding IRA. I am 51 years old. Can I still make a catch up contribution for 2007 on my IRA? Combined income for 2007, joint filing, is $170,000.
--Ed, Detroit, Michigan
ANSWER
Yes, you can make a catch up contribution for 2007 as long as you were age 50 by end of year, which you were. So, you can contribute $5,000 instead of the normal $4,000 for 2007. The question is whether you can deduct the contribution. You can, if neither you (nor your spouse) has a retirement plan at work. If either of you is covered by a retirement plan at work, you can't deduct the contribution. Also, your income is too high for a Roth IRA, so your only IRA choice is a traditional.
On the plus side, a traditional IRA gives you access to tax-deferred growth and, come 2010 when the $100,000 limit on Roth conversions disappears, the right to convert the money to a Roth. On the minus side, keeping track of nondeductible contributions to traditional IRAs can be a pain.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: REPORTING K-1 INCOME FROM AN IRA
Regarding IRA account tax liability: Does income from Schedules K-1 for securities held in an IRA account have to be reported to the IRS?
--stan weinberg
ANSWER
If the K-1 is from an master limited partnership (MLP, also known as a publically traded partnership), it could be reporting unrelated business taxable income (UBTI), which, if it's over $1,000, actually IS subject to tax even though it's in an IRA. If this is the case, I believe the IRA has to file a 990-T form to report the income. Check with your IRA sponsor because I think it is the IRA, not you as the beneficiary, who must file the form (and pay the tax out of the IRA). This is very complicated stuff, and a reason many advisors suggest steering clear of MLPs in IRAs.
Good luck.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: IS THERE STILL A "SUCCESS TAX"?
Hi Kevin,
My question has to do with distributions from a 401-K. More specifically what is called (or was, I don't know if the tax law still exists) the "success tax". I plucked the article out of business week, the November 13, 1995 issue. If you would like a copy, I can shoot you one if you provide an e-mail address.
According to the article, "any distribution above $150,000 is subject to a 15% excise penalty, also known as the "success tax", on top of ordinary income tax.
The article also deals with death and the tax bite for beneficiaries, but my concern is with my personal distributions. The article cautions that having a balance at 1.5 million or over will most likely trigger this tax penalty.
Here's my situation. I'm 54 and have not worked in a traditional sense for 15 years. Basically I live off dividends and investments from my working years. I have not taken any distributions from my IRA Rollover, which I actively manage, but this account is above the 1.5 million threshold highlighted in the article.
My question plain and simple is does this so called "success tax" still exist. And if so has it been indexed to inflation so it does not become the new "Alternative Maximum Tax" already hitting many of us?
Should this still be on the books, I believe that many of your viewers would very much appreciate being made aware of this penalty for doing what we all have been told is the right thing. Save eary and often and in tax deferred vehicles were possible.
Lastly, any advice as to what course I should take if this egregious tax is still in place? Start distributions? Help!
--Fred Wilebski, Minneapolis, Minnesota
ANSWER
Good news. The excess distribution tax you refer to (aka the "success tax") was permanently repealed effective 1997. You don't have to worry about it. Regardless of the amount, payouts from your IRA will be treated as ordinary income, with no surtax applied.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: WHAT IS REAL PERIL WITH 1099-C?
1099-C: I believe this was really aimed at corporate executives and athletes who received huge loans that were later forgiven. Someone who is in foreclosure is likely to be insolvent. Insolvency excludes this as income. You mentioned this but over emphasized the peril. Thanks!
--Paul King, Asheville, NC
ANSWER
I agree that I emphasized the threat more than the insolvency "solution." However, because retirement assets are taken into account in the IRS's judgement of insolvency, the threat is a real one.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: WITHDRAWING MONEY FOR FIRST HOME PURCHASE
I am 35 yrs.old. If i withdraw money for downpyment of 1st.home will it be penalty free? If so, how & whereit is to be reported in tax return? I think it will taxed @ regular rate. Pl.confirm. Thanks.
--SAJIB GUHASARKAR, FLUSHING N.Y.
ANSWER
Are you talking about withdrawing funds from a traditional IRA? If so, then yes, there is an exception to the 10% early withdrawal penalty for up to $10,000 withdrawn to buy a first home. The money would still be taxed -- in your top tax bracket -- but no 10% penalty would apply.
If you have a Roth IRA, you can withdraw all of your contributions tax and penalty free at any time, and then up to $10,000 of earnings can also be withdrawn penalty free to purchase a first home.
If you're talking about a 401(k), there is NO exception to the 10% penalty for first time home purchasers.
If you qualify for the exception to the penalty, report it on form 8606: http://www.irs.gov/pub/irs-pdf/f8606.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: ROTH WITHDRAWAL FOR MEDICAL EXPENSES
I had an accident and separated my shoulder. I did not have insurance at the time. I had to have two operations. Luckily Medicad paid the hospital bill. I had to cover the doctor expense. In order to do so I had to withdrawal money from My Roth IRA. I also withdrew enough to live on. The doctor bill was $5000 & the living expense was $7000. With no real income I have estimated I owe the IRS $1255. 10% withdrawal penalty and $55 for underpayment of taxes. Being that the Roth is funded with after-tax dollars and my position in the Roth was currently just my contributions, why would I be charge a penalty. It seems to me tax on tax. I can see if I had made gains on this money but I had not invested any of the money in the Roth at this time. This is unfair. My question is, am I mis interpreting the rules? Can I write-off the living expense ($7000.00) due to inablility to work during recovery?
--Michael Minnig, Celina,OH
ANSWER
Sorry about the accident, but I do have some good news on the tax front.
You can withdraw your contributions from a Roth at any time with no tax and no penalty. And, the first money that comes out of a Roth is considered a return of your contributions. So if the $12,000 you withdrew from your Roth was less than the amount you had contributed over the years, you owe neither tax nor penalty on any of it. You'll need to include a Form 8606 with your return to show that the payout was not taxable. http://www.irs.gov/pub/irs-pdf/f8606.pdf
If you did withdraw more than you had contributed the earnings are taxed, but there is no penalty on funds that went to pay medical bills that exceeded 7.5% of your adjusted gross income for the year. The money you spent on living expenses is not deductible, nor does it qualify for this exception to the 10% penalty.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: IRA WITHDRAWAL FOR HOME PURCHASE
I understand withdrawals from 401(k)before 55 for downpayment of 1st house is penalty free. How and where do I report such withdrawal to aviod penalty? Thanks.
--SAJIB GUHASARKAR, FLUSHING N.Y.
ANSWER
Sorry, but the exception to the 10% penalty that applies to up to $10,000 withdrawn from an IRA prior to age 59 1/2 for the purchase of a first home does NOT apply to premature withdrawals from a 401(k). Such 401(k) withdrawals are taxed and penalized. You figure the penalty on Form 5329. http://www.irs.gov/pub/irs-pdf/f5329.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: CONTRIBUTIONS ALLOWED TO IRA AND 401(k)?
I am over 50 years old and allowed $5000 towards catch-up retirement plan. I have made 18000.00 contibution to my current employer 401k plan in 2007. Before submitting my 2007 return, how much maximum am I allowed to contribute to another IRA account?
--Ahmad, Glen Allen, VA
ANSWER
The limits for 401(k)s and IRAs are separate; you can't make up in an IRA a shortfall in a 401(k). Since 2007 is over, you can't contribute any more to your 401(k) for that year.
Now, in addition to the 401(k), you may contribute up to $5,000 ($4,000 plus $1,000 catch up for those 50 and older) to an IRA for 2007. 2007 contributions can be made as late as April 15, 2008.
Whether or not you can deduct your IRA contribution depends on your income level. For those who have retirement plans at work, the right to deduct IRA contributions phases out as income rises between $52,000 and $62,000 on a single return and between $85,000 and $105,000 on a joint return.
If your income is too high for a deduction, consider making your contribution to a Roth IRA, if your income level permits it. For 2007, the right to use a Roth phases out as income rises between $156,000 and $166,000 on a joint return and between $99,000 and $114,000 on a single return.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: ARE SOCIAL SECURITY BENEFITS TAXABLE AFTER RETIREMENT
After full retirement age, am I still liable for federal income tax on my social security benefits if I receive additional income? After reading some Social Security Administration literature I am led to believe I am not. However, other tax literature seems to indicate that I am. Please clarify this issue for me.
--John Walchli, Bowdoinham, Maine
ANSWER
Your age has nothing to do with whether or not Social Security benefits are taxable. That depends on your income level. Here's the basic rule:
The first step in determining whether or not your benefits are taxable is to find your "provisional income." That's basically your adjusted gross income plus any tax-exempt interest plus 50% of your Social Security benefits.
Your benefits are totally tax-free if your provisional income is less than $25,000 if you file a single or head-of-household return or less than $32,000 if you file a joint return. (Unlike many other thresholds in the tax law, these figures are not indexed to rise with inflation. And, that's not an oversight. Congress did it deliberately so that, over time, more and more beneficiaries would be subject to this tax.)
If your provisional income exceeds the threshold for your filing status, what portion of your benefits can be taxed depends on how high your income is.
If it is between $25,000 and $34,000 on a single or head-of-household return or between $32,000 and $44,000 on a joint return no more than half of your benefits can be taxed. The amount included in taxable income is the lesser of half of your benefits or half of the amount by which provisional income exceeds the trigger point.
Assume you and your spouse file a joint return. Your AGI for the year is $30,000, and you have an extra $4,000 of tax-free interest from municipal bonds and $5,000 of social security benefits. Adding your AGI ($30,000), your tax-exempt interest ($4,000) and half of your benefits ($2,500) gives you $36,500. That's $4,500 over the $32,000 threshold for joint returns. Since half of that amount ($2,250) is less than half your benefits ($2,500), the smaller amount is the part of your social security that is taxed.
When provisional income exceeds $34,000 on a single return or $44,000 on a joint return, things get more complicated, but the bottom line is this: In almost all cases, 85% of your benefits are taxed. The IRS has devised a worksheet for figuring how much of your benefits are taxable. You'll find it in the instructions for your tax return.
What about married couples who file separate returns? They can forget the $25,000/$32,000 and the $34,000/$44,000 thresholds. Their threshold is $0 -- and they can be certain that 85% of their social security benefits are taxable.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: SPOUSAL CONTRIBUTION TO IRA
I became disabled in 2007 and will have no income in 2008. My wife is working. Can she make a contribution to my existing IRA as a spousal contribution for 2008? Station: Detroit?
--R.T., Monroe, MI
ANSWER
Yes, assuming your wife has sufficient income, she can contribute up to $5,000 ($6,000 if you'll be at least 50 by the end of the year) to a spousal IRA on your behalf. It can be either a traditional IRA or a Roth IRA...or a combination of the two. (If your income is over $169,000, you can't use the Roth.)
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: USING IRA FUNDS FOR HOME PURCHASE
Hello Folks. First of all I watch NBR daily on PBS and enjoy every minute.
Tonight I took in the new Tax series and the rebate info. I have a question. Last year I purchased a home and used ALL of my IRA money to make the down payment. Can you please tell me what the IRS requires as far as reporting this purchase with my IRA funds and what form #s are required and where I can get them? Will I owe penalties for doing this in addition to tax?
Thanks Much.
--S. Soares
ANSWER
I'm assuming you're talking about a traditional IRA, not a Roth IRA. I'll also assume that you have not made any nondeductible contributions to the account. In that case, the amount withdrawn from your IRA is taxable income, to be reported on lines 15a and 15b on the front of your Form 1040.
If you were under age 59 1/2 at the time of the withdrawal you may owe a 10% penalty, too. The penalty is waived on up to $10,000 withdrawn from an IRA for a first time home purchase..and first time is defined as a home purchased when you have not owned a home in the previous two years....even if you owned a place earlier than that. If you qualify for this exception, it will save you up to $1,000.
You figure the penalty, and report the exception to it, on Form 5329 -- http://www.irs.gov/pub/irs-pdf/f5329.pdf
All the details are in IRS Publication 590 -- http://www.irs.gov/pub/irs-pdf/p590.pdf
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: MANDATORY WITHDRAWALS FROM ROTH AND TRADITIONAL IRA
I have two traditional IRAs. I intend to covert one of them to a Roth IRA. I am 68 years old. Will I be required to start drawing from both my traditional and the converted Roth IRA at age 70.5.
--Samuel Alterovitz, Rocky River, Ohio
ANSWER
No. Once you convert the IRA to a Roth, you eliminate the need to take required minimum distributions. You never have to tap a Roth account. You would still need to take RMDs from the traditional IRA once you reach age 70 1/2.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: ANYTHING DUE ON AFTER-TAX IRA?
I was not eligible for a deductible ira because of a defined benefit pension i was covered by,however i contributed 2,00 each yr to the ira and did not deduct it from my gross income.Do I have to pay tax on the contributions when i take them out of the ira and start taking distributions??
-- Sammy, Sylacauga
No, you do not have to pay tax on the after-tax money that went into your IRA. You should have filed a Form 8606 for each year you made nondeductible contributions. This form is used to track your "tax basis" in your IRA. And, when you begin taking withdrawals from your IRA, you recover that basis tax-free on a proportional basis. Let's say your total IRA balance is $100,000 and you have made $10,000 in nondeductible contributions. In that case, 10% of any withdrawal would be tax free. If you have more than one traditional IRA, you figure the tax-free portion of your payouts based on the total balance in and the total basis in all your IRAs, not on the combination in any single IRA you happen to be tapping.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
I retired as a Delta Air Lines Flight Attendant on November 1, 2001. Before retiring, I consistently contributed to the company's 401(k) Plan. In turn, Delta matched a certain percentage of my contributions. However,
Delta's match was not in cash, but rather in Delta Common Stock.
In 2002, I rolled over my Delta's 401(k) Common Stock IRA contribution from Fidelity to Vanguard Brokerage Services. The Common Stock remained there until April of 2007, when Delta emerged from bankruptcy and the stock was declared "WORTHLESS".
My question is now that Delta is out of bankruptcy and my stock is worthless can I do anything to deduct the Loss on my 2007 IRS Tax Forms? Please let me know if there are any ways I can use this LOSS to my benefit.
-- Dave Holland
Sorry, Mr. Holland, but losses inside an IRA are not deductible. I know that sounds harsh, but here's the reasoning: Because you were not taxed on the value of the shares when they were contributed to your account, you have no "tax basis" in the shares. Your basis is what you compare to the proceeds of a sale to determine gain or loss. Since you had no basis, you have no loss in the eyes of the IRS.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
QUESTION: MIXED IRA MONEY
For an IRA, does it matter if sources of money for it is mixed, say some from a 401K rollower due to a job change and some from tax deductible contributions made every year? Or should a separate IRA be set up for the money from a 401K rollover? Does it matter if money from an inherited IRA are mixed in too? Thanks!?
-- Radford in Fremont, CA
ANSWER:
Several questions, here, several answers, too.
In the old days, if you got a distribution and rolled it into an IRA, you were forbidden to mix in any other IRA money IF you ever wanted to roll that company plan distribution back into a new company plan. A few years ago, though, Congress threw out that silly rule. Now you can mix company plan rollovers and contributions if you like, and there's no reason not to do so.
Now, when it comes to an inherited IRA, the rules are different. If you are the surviving spouse, you can claim the IRA as your own, have it retitled in your name, and mix and match the money with other IRAs, however you please. If you are not a surviving spouse -- let's say you're a brother or sister, son or daughter--then the money must be kept separate. The IRA account will be titled as an inherited account and the mandatory distribution schedule will be different than the one that applies to your own IRAs.
I hope this answers your questions.
--Kevin McCormally
Editorial Director
Kiplinger Washington Editors
