Traditional IRAs - The tax Implications

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					                           Traditional IRAs – The Tax Implications

An individual retirement arrangement, or IRA, is a personal savings plan, which allows you to
set aside money for retirement, while offering you tax advantages. An individual retirement
account is a trust or custodial account set up in the U.S. for the exclusive benefit of the taxpayer,
or the taxpayer’s beneficiaries. The trustee or custodian must be a bank, a federally insured credit
union, a savings and loans association, or an entity approved by the IRS to act as trustee or
custodian.

You may be able to deduct some or all of your contributions to a traditional IRA. You may also
be eligible for a tax credit equal to a percentage of your contribution. Amounts in your traditional
IRA, including earnings, generally are not taxed until they are distributed to you.


Rules Relating to Traditional IRAs

An IRA is an investing tool used by individuals to earn and earmark funds for retirement
savings. Generally, the following rules apply to traditional IRAs:
     The amount in the account must be fully vested, meaning that you must have a non-
       forfeitable right to the amount at all times.
     The contributions must be in cash, except that rollover contributions can be property
       other than cash.
     You cannot use money in the account to buy a life insurance policy.
     You cannot combine assets in the account with other property, except in a common trust
       fund or common investment fund.
     Your earnings on contributions are not taxed until they are withdrawn.
     You can make a contribution to your IRA at any time before the due date of your tax
       return. (For example, for tax year 2011, you may make contributions up to April 17,
       2012).
     To contribute to a traditional IRA, you must be under age 70 ½ and have taxable
       compensation.
     Contribution to a traditional IRA cannot exceed the smaller of your total taxable
       compensation (see below) or $5,000 ($6,000 if you are 50 or older).
     You may also establish a traditional IRA for your spouse, but you must file MFJ (see
       below).
     There are additional taxes and penalties for excess contributions, early withdrawals, and
       excess accumulations (see below).
     You must begin to take distributions from your traditional IRAs by April 1 of the year
       following the calendar year in which you reach the age of 70 ½ (see below).
     Inherited IRAs are generally fully taxable, unless the deceased made some nondeductible
       contributions.


Distributions
Distributions from your traditional IRA may be fully or partly taxable, depending on whether
your IRA includes any nondeductible contributions. If you made only deductible contributions to
your traditional IRA, meaning that you have no basis (after-tax contribution) in the IRA,
distributions are fully taxable when received. Distributions are reported to you on Form 1099-R,
with the distribution code shown in box 7, and the IRA box checked.

If you made nondeductible contributions, or rolled over any after-tax amounts to any of your
traditional IRAs, you have a cost basis (investment in the contract) equal to the amount of those
contributions. These nondeductible contributions are not taxed when they are distributed to you;
they are a return of your investment in the IRA. Only the part of the distribution that represents
nondeductible contributions and rolled over after-tax amounts is tax free.

If nondeductible contributions have been made, or after-tax amounts have been rolled over to
your IRA, your distributions will consist on one part of your nondeductible contributions, and on
the other part of your deductible contributions and your earnings. Until your entire basis in the
plan has been distributed, each distribution will be partly nontaxable, and partly taxable.

You must report your total IRA distributions on line 15a of Form 1040, and the taxable amount
on line 15b. If the total amount of the distribution is fully taxable, enter only on line 15b.

You must complete Form 8606, Nondeductible IRAs, and attach it to your return, if you received
a distribution from a traditional IRA, and have made nondeductible contributions, or rolled over
after-tax amounts to any of your traditional IRAs. Using the form will enable you to figure the
nontaxable distributions for 2011, and your total nondeductible IRA contributions for 2011 and
earlier years.

Required Minimum Distributions (RMDs)
You are required to begin taking minimum distributions from your IRA account no later than
April 1 of the year after you reach age 70½ (or, for most employer plan participants, after you
retire). If you withdraw less than the required minimum amount, you will be subject to a federal
penalty, which is an excise tax equal to 50% of the amount that should have withdrawn.

Lump sum distributions
If you receive a lump-sum distribution from a qualified retirement plan or a qualified retirement
annuity, and you were born before January 2, 1936, you may be able to elect optional methods of
figuring the tax on the distribution. These optional methods can be elected only once after 1986
for any eligible plan participant.

If the lump-sum distribution qualifies, you can elect to treat the portion of the payment
attributable to your active participation in the plan using one of five options:
      Report the part of the distribution from participation before 1974 as a capital gain (if you
         qualify) and the part of the distribution from participation after 1973 as ordinary income.
      Report the part of the distribution from participation before 1974 as a capital gain (if you
         qualify) and use the 10-year tax option to figure the tax on the part from participation
         after 1973 (if you qualify).
      Use the 10-year tax option to figure the tax on the total taxable amount (if you qualify).
      Roll over all or part of the distribution. No tax is currently due on the part rolled over.
       Report any part not rolled over as ordinary income.
      Report the entire taxable part as ordinary income.

You must complete Form 4972, Tax on Lump-Sum Distributions, to claim this election.


Contributions

If you are under age 70 ½, you can contribute each year to a traditional IRA. The maximum
contribution is the LESSER of:
     $5,000 ($6,000, if you are over 50).
     100% of compensation.

The contribution can be made up to the due date of filing your return (normally April 15).

Compensation, in the context of contributing to an IRA includes the following:
   Salaries and wages.
   Commissions.
   Self-employment income.
   Alimony and separate maintenance payments.
   Nontaxable combat pay.

Note that when figuring total compensation for IRA contributions, self-employment loss should
not be subtracted from salaries and wages received.

Compensation does not include:
   Earnings and profits from property, such as rental income, interest income, and dividend
     income.
   Pension or annuity income.
   Deferred income received (compensation payments postponed from a past year).
   Income from a partnership for which you provide no services that are a material income-
     producing factor.
   Any amounts excluded from income, such as foreign earned income and housing costs.

If you are filing MFJ, you and your spouse can each contribute to an IRA, but the combined
contribution to both IRAs cannot exceed the smaller of:
     You and your spouse’s total taxable compensation, or
     $10,000 (11,000 if one is 50 or over, or $12,000 if both are 50 and over).

You can contribute to a spousal IRA until reaching age 70 ½.


Deductions
Part or all of your contributions may be deductible, and these are reported on line 32 of Form
1040. Contributions to a traditional IRA might be fully deductible, partially deductible, or
entirely nondeductible, depending on factors such as your age, your modified adjusted gross
income, marital status, and whether you, or your spouse, are covered by a retirement plan
through your employer. Your modified AGI must be figured without taking into account any of
following: (a) IRA deduction, (b) student loan interest deduction, and (c) tuition and fees
deduction.

Not covered by an employer plan
If you are not covered by an employer retirement plan, you can take a full deduction on your
allowed contribution.

Covered by an employer plan
If you are covered by an employer retirement plan, the amount of the contribution that can be
deducted may be phased out, or eliminated entirely, depending on your modified AGI and your
filing status. The phase-out ranges are as follows:
      Single or H/H – begins to phase out at $56,000: eliminated at $66,000.
      MFJ or Q/W – begins to phase out at $90,000: eliminated at $109,000.
      MFS – begins to phase out at $0: eliminated at $10,000.

Spouse covered by an employer plan
If you are not covered by an employer retirement plan, but your spouse is, the amount of your
deduction may be reduced, or eliminated entirely, depending on your modified AGI and filing
status. The phase-out ranges are as follows:
     MFJ – begins to phase out at $169,000: eliminated at $179,000.
     MFS – begins to phase out at $0: eliminated at $10,000.

(Off-the-shelf tax software will effectively calculate your allowable deduction, or you can use the worksheets in the
Form 1040 Instructions, or in Publication 590.)

Non-deductible IRA contributions
If you made non-deductible IRA contributions, you should report these on Form 8606, to
establish a basis in your IRA. If Form 8606 is not filed, the contribution will be treated as if it
were deductible, and all distributions from the IRA will be taxed, unless you can otherwise show
that nondeductible contributions were made.


Prohibited Transactions

Generally, a prohibited transaction is any improper use of an IRA account or annuity by the IRA
owner, his or her beneficiary, or any disqualified person. Disqualified persons include the IRA
owner’s fiduciary and members of his or her family (spouse, ancestor, lineal descendant, and any
spouse of a lineal descendant). The following are examples of prohibited transactions with a
traditional IRA:
     Borrowing money from it.
     Selling property to it.
      Receiving unreasonable compensation for managing it.
      Using it as security for a loan.
      Buying property for personal use (present or future) with IRA funds.

There is a 15% excise tax on the amount of the prohibited transaction, and a 100% additional tax
if the transaction is not corrected. If you engage in a prohibited transaction, your IRA will cease
to be a qualified IRA, and you must include the fair market value of the IRA assets in your
income for that year. You may also have to pay the additional 10% tax on premature distribution.


Additional Taxes on Qualified Plans

Qualified plans include IRAs and other tax-favored (tax-deferred) accounts. To discourage the
use of retirement funds for purposes other than normal retirement, the law imposes additional
taxes if you violate the rules relating to early distributions of those funds, and on failures to
withdraw the funds timely. Violations generally include: (a) premature distributions, (b) excess
contributions, and (c) excess accumulations.

You must use Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-
Favored Accounts, to figure and report any additional taxes that result from these violations.
Even if you do not have to file a tax return, you must send the IRS a completed Form 5329.

Premature distributions (or early withdrawals)
To ensure that your retirement plan is used for the purpose it was established, the general rule is
that you should not take a premature distribution from the plan. Premature or early distributions
are withdrawals you make from your qualified retirement plan or deferred annuity contract
before you reach age 59 ½. Tax law imposes an additional tax of 10% on certain early
distributions of your retirement funds.

If a premature (early) distribution occurs, the following rules apply:
      Distribution code 1 must be shown in box 7 of Form 1099-R.
      There is an additional tax of 10% on the part of the distribution that you have to include
        in your gross income.
      The additional 10% tax does not apply to the nontaxable part of the distribution.
      You may have to file Form 5329 if you owe any additional tax on the distribution.

You do not have to use Form 5329 if any of the following conditions exist:
    The distribution code 1 is shown in box 7 of your 1099-R. In this case, you enter 10% of
      the taxable distribution directly on line 58 of Form 1040, and write “no” next to line 58.
    You properly rolled over all distributions you received during the year.

Tax law allows a number of exceptions to the 10% additional tax rule. This means that you
would not be liable for the additional 10% tax on the early distribution if the following
conditions (coded on 1099-R as noted below) exist:
    You roll over withdrawn assets into another qualified plan within 60 days.
      You received distributions in the form of an annuity (code 2). This means that you
       received distributions as part of a series of substantially equal periodic payments over
       your life expectancy, or the joint life expectancy of you and your beneficiary.
      You become totally and permanently disabled (code 3).
      You are the beneficiary of a deceased IRA owner (code 4).
      You receive distributions to the extent of un-reimbursed deductible medical expenses that
       exceed 7.5% of your adjusted gross income (code 5).
      You received unemployment that was includible in income, and had an IRA distribution
       that was used for health insurance (code 7).
      You received IRA distributions to pay for qualified higher education expenses (code 8).
       These are not subject to the additional tax as long as they do not exceed the qualified
       higher education expenses.
      You used up to $10,000 of your IRA distribution to buy, build, or rebuild your first home,
       and did not own a home in the previous two years ending on the date of acquisition of
       your home (code 9).
      You received distributions after you separated from service after reaching 55 years of age
       (employer plans only).
      The distribution is due to an IRS levy on the qualified plan.

If distribution code 2, 3, or 4 is shown in box 7 of Form 1099-R, and you qualify for an
exemption to the 10% tax, you do not have to file Form 5329. You must file Form 5329 if no
code is shown in box 7, or code 1 is shown and you meet one of the exceptions.

Excess contributions
An excess contribution occurs when you put more money into your individual retirement account
(IRA) than the law allows. You would have made an excess contribution if the amount
contributed to your traditional IRA exceeds the amount that you are allowed to contribute, which
is the smaller of:
      $5,000 ($6,000, if you are 50 or older), or
      Your taxable compensation for the year.

The taxable compensation limit applies whether the contributions are deductible or
nondeductible. Any contributions you make to your plan for the year you reach 70 ½ or any later
years are also considered excess contributions.

If excess contributions are not withdrawn by the due date of your tax return (including
extensions) you will be subject to a 6% excise tax.

You will not be subject to the 6% tax if the excess contributions made during a tax year is
withdrawn, and any interest or other income earned on the excess contribution is also withdrawn
by the due date of the return (including extensions). Note however, that the interest and other
income withdrawn may be subject to the additional 10% tax on early distributions.

Excess accumulations
Excess accumulations occur when the owner or the beneficiary of a retirement account fails to
take the annual required minimum distribution (RMD) that he/she is required to take from the
retirement account.

The rules are as follows:
    Tax law mandates that you must begin taking distributions from your retirement account
       by April 1 of the year following the year you reach 70 ½.
    If you do not take the required minimum distribution, or if the distributions taken are less
       than the required minimum distribution, you may have to pay a 50% excise tax on the
       amount that was not distributed as required.

You can figure your required minimum distribution for each year by dividing the IRA account
balance by the applicable life expectancy.

If the excess accumulation is due to reasonable error, and the account holder or beneficiary has
taken, or are taking steps to remedy the insufficient distribution, the tax may be excused if the
IRA owner or beneficiary does the following:
      File IRS Form 5329 with or without Form 1040.
      Attach a letter of explanation and request a waiver.

If the IRS approves the request, the excess accumulations tax will be waived. It is imperative to
follow the instructions for Form 5329 to the letter.


Rollovers

Generally, an IRA rollover is a tax-free distribution of cash or other assets from one qualified
retirement plan to another qualified retirement plan. A rollover is thus nothing but a movement
of funds from one retirement plan into another. The transfer can be made either by means of a
direct transfer or by way of check. This transfer of assets from one plan to the second retirement
plan is called a “rollover contribution.”

A rollover has to be reported to the IRS, and thus is subject to monitoring and supervision by the
IRS. The following rules apply to rollovers:
    To avoid a tax liability, you must complete the rollover by the 60th day following the day
       you receive the funds. You are therefore not liable for taxes on any amounts you rollover
       within the 60 day limit.
    If you have the distribution paid directly to you, the plan administrator must withhold
       income tax of 20% from the taxable distribution. Therefore, it will be more advantageous
       if you do a direct rollover from one qualified plan to another, because in a direct rollover
       the plan administrator will not withhold taxes from your distribution.


If you are serious about doing your own taxes, you will find these two publications to be pretty
helpful: “How To Save Money By Ensuring That Your Tax Returns Have Been Properly
Prepared” and “How To Use Turbo Tax To Confidently Prepare Your Tax Returns.”
Available in Kindle format and in paperback
 Visit: www.mgbfinancials.com or visit www.amazon.com

				
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Description: An individual retirement arrangement, or IRA, is a personal savings plan, which allows you to set aside money for retirement, while offering you tax advantages You may be able to deduct some or all of your contributions to a traditional IRA. You may also be eligible for a tax credit equal to a percentage of your contribution. Amounts in your traditional IRA, including earnings, generally are not taxed until they are distributed to you.