401(k) Plans
What
it offers
Who's it best for
Best Investments
Changing Jobs
Traditional IRAs
What
it offers
Who's it best for
Best Investments
Inherited IRAs
ROTH IRAs
What
it offers
Who's it best for
Best Investments
Plan Limits for 2001
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Maxwell
Shmerler & Co, CPAs
401(k) Plans
What It Offers
- Offered by many employers, these provide tax-deferred investing
and have the benefit of lowering your taxable salary by as much as
$14,000 a year in 2005. Once you begin withdrawals, the money - both
contributions and profits - is taxed as ordinary income based on
your tax bracket. The income is ordinary in nature regardless of
whether any of the profits came from capital appreciation.
401(k) plans are typically restricted in their investment options,
based on the employer's selection and that of the 401(k) fund
manager.
Who's It
Best For
- Because of the high contribution limits a 401(k) is a valuable
retirement tool for any taxpayer whose employer provides such a
plan.
In the cases when the investment options do not meet the employees
acceptable options, most plans to offer a money market fund option
or one with little risk. In those cases, a taxpayer may want to
weigh the advantages of increase contribution limits with the
reduced flexibility.
Best
Investment Options
- 401(k) plans offered by employers often have few investment
options. Options typically include a low risk money market or CD
based fund, a bond fund and one or a few stock funds.
In general, the longer the period between contribution and
retirement, the higher the risk that should be contemplated by the
employee. For short periods of time, dictated either by age or job
security, lesser risks are suggested.
Changing Jobs
-
You have a 401(k) plan with your current employer -- but you're
thinking about changing jobs. What do you do with your 401(k) money
after you change employers? You have a number of options.
One option we hope you don't elect is taking a
distribution of your 401(k) funds. It's just not a good deal. If
you're under age 59 1/2 (age 55 in some limited cases) and take a
distribution, you'll not only owe taxes on it, you'll also owe a 10%
penalty tax. So, we don't see this as a viable option. In fact, it
should be avoided at all costs... it's a real last-resort type of
thing.
That said, let's look at your other real options:
Leave 'Em
Many employers will allow you to leave your 401(k) money in their
plan after you leave the company. Additionally, you should know that
an employer generally can't force you take your money out of their
401(k) plan when you leave, unless your balance is $5,000 or less.
This option works well if you are satisfied with the investment
choices and the investment returns provided by your prior employer's
401(k) plan. Additionally, since some plans allow you to take a loan
from your 401(k) account, leaving the money in the plan, as opposed
to rolling it into an IRA, allows you to take advantage of this rule
should the need arise.
But, there are disadvantages. One is leaving money in the former
employer's 401(k) plan if the plan investments are limited to only
the former employer's stock. In this situation, since all of your
401(k) money is in one investment, you run the risk of losing that
money if there is a decline in the value of the stock. Another
disadvantage of leaving the 401(k) funds with your prior employer is
that it will not allow you to invest Foolishly. You can likely do a
much better job with your 401(k) money in a self-directed conduit
IRA account than you could with the mutual fund choices in the
401(k) account.
Move 'Em
If your new employer has a 401(k) plan and permits transfers from
other employers' 401(k) plans (it's not mandatory for them to
do so), you can transfer the money from your former employer's
401(k) plan to your new employer's 401(k) plan. This option is only
advantageous if the investment choices offered by the new employer's
plan are better than those offered by the former employer's plan. It
also preserves the opportunity to take a loan from the plan if the
need arises (and if the new employer's plan offers that option).
But, again, if the mutual fund choices offered by your new
employer's plan won't likely perform to your expectations, consider
Foolishly investing your funds by moving the 401(k) funds to a
conduit IRA account.
Transferring your money to a new employer's 401(k) plan generally
can be done in one of two ways. You can take a distribution of the
funds from your prior employer and deposit it (roll it over) into
the new employer's plan. Second, if the new plan permits it, you can
make the transfer through a trustee-to-trustee transfer.
The trustee-to-trustee transfer option is always preferable, because
the IRS requires that, if you take a distribution, even one that you
will roll over to another 401(k) plan, the employer must withhold
20% of the amount distributed for tax purposes. You won't be able to
get this money back until you file your tax return for the year in
which the distribution took place, and claim that amount as taxes
withheld. Additionally, if you aren't yet 59 1/2 and don't deposit
the distribution check and/or the amount withheld -- which must be
obtained from sources outside of the distribution -- within 60 days
of the distribution, those amounts will be subject to income taxes
and the 10% early distribution penalty. More about this later.
IRA 'Em
The final option available to you is to transfer the money to an
IRA. If you choose a self-directed IRA brokerage account, you can
completely control your entire investment and can use the funds to
buy any investment offered the brokerage -- including stocks, bonds,
and/or mutual funds. You aren't limited to the (potentially) crummy
investment choices provided by either your old or new employer. But,
if you do make the transfer to an IRA account, you'll lose the
opportunity to take loans, since loans against an IRA account are
strictly prohibited.
Be careful, though, because as with a transfer to a new employer's
401(k) account, how you make the transfer is critical. If you
take a distribution and then open an IRA account, you'll find that
the required 20% withholding will reduce your distribution. And, if
you don't roll over the entire amount of the distribution (including
the 20% withheld), you'll get hit with taxes and potential penalties
on the amount that wasn't rolled over. This means you'll have to dig
into your pocket to roll over the appropriate amount.
Example: In May 2005, John, age 45, left his job. He had
$100,000 in his employer's 401(k) plan. John decided to take the
money from the plan and open a self-directed IRA account. However,
John never filled out the paperwork to make a trustee-to-trustee
transfer. As a result, on July 1, 2005, John's former employer sent
him a distribution check for $80,000 -- John's $100,000 account
balance, less 20% withholding. To avoid all income taxes and
penalties, John must not only deposit the $80,000 check by September
1, 2005, (i.e., within 60 days of the distribution), he also
must deposit $20,000 (the amount withheld by his employer) by that
same date. The $20,000 must come from sources outside of the
distribution. If John does not have $20,000 from other sources, that
amount will be treated as a distribution and will be subject to
income taxes and penalties.
Sure, John will get this $20,000 back in the form of taxes withheld
when he files his tax return, but that will take a number of months.
Why go through this hassle when a trustee-to-trustee transfer will
avoid the 20% withholding and will not make you scramble to find
funds to cover the withholding amount?
Undecided?
What if you are undecided whether to transfer your 401(k) funds to
your new employer's plan or to a brokerage IRA? Or, what if you are
between jobs and don't know who your new employer will be, or if it
will have a 401(k) plan? In these cases, you'll likely want to
transfer the money to an IRA until the decision is made. An IRA can
act as a holding account until you decide what to do with the money.
If the decision is, ultimately, to transfer the money to a new
employer's plan, you can direct the broker to do just that.
But, if you want to keep this option open, you must remember that
this "conduit" IRA account must not receive any other
IRA distributions or contributions from any other sources. So, if
you are interested in keeping your options open, make sure to open a
completely separate Rollover IRA account for these 401(k) funds, and
keep them completely separate from all of your other IRA
transactions (e.g., Roth, traditional, SEP, etc.).
Ready for Retirement?
Remember, these are your retirement funds. The better
you can protect them and invest them, the farther along the road to
a glorious retirement you'll find yourself.
Speaking of retirement, did you know that we've developed the
first-ever Motley Fool retirement planning seminar? Roadmap to
Retirement is just that -- a guide to help you with retirement
planning whether you're just now starting out or are ready to retire
tomorrow. According to recent census statistics, only one out of
every ten people of retirement age is financially able to fully
retire.
Traditional IRAs
What
It Offers
- Traditional IRAs, and rollovers of retirement accounts into
traditional IRAs provide tax-deferred investing, like a 401(k), but
offer a much broader range of investment choices, including all
mutual funds and individual securities.
Rollover IRAs are money from a 401(k) or other employer-sponsored
retirement plan. This typcally occurs when an employee retires or
changes jobs.
Traditional IRA contributions are much more limited than 401(k)
contributions. A taxpayer can contribute up to $2,000 or their
earned income, whichever is smaller, per year. A couple can
contribute up to $4,000, even if only one spouse has earned income
(this changed in 1998). Contributions to an IRA may be tax
deductible for the year the contributions are made for, depending on
whether the taxpayer or spouse is covered by a retirement plan at
work, and depending on their adjusted gross income.
Withdrawals from a traditional IRA are also treated as ordinary
income, regardless of whether any profits came from capital
appreciation.
Who's
It Best For
- Traditional IRAs offer an immediate tax benefit in return for a
future tax. In other words, you defer your taxes until distribution.
For a taxpayer that will be in a lower tax bracket when retired than
currently, the immediate tax break may be more beneficial than
tax-free earnings. Also, for an older taxpayer with limited future
contributions a traditional IRA may be better.
Any taxpayer whose income levels exceed the maximum for a Roth IRA
should choose a traditional IRA rather than not make any IRA
contribution.
Best
Investment Options
- A traditional IRA grows tax deferred. The distributions are taxed
at the owners tax rate at withdrawal. There are few limits to
investment options with either a traditional IRA or a Roth IRA.
If you also own an 401(k), use your IRA investments to complement
your 401(k) investments. If your 401(k) is invested in high risk
funds or individual stocks, IRA investments should take the form of
lower risk securities, funds, or possibly bond funds. Conversely, if
your 401(k) is not invested aggressively, aggressive IRA investment
may be in order.
As with all retirement investments, the longer the time period
between contribution and withdrawal, the higher capacity to absorb
risk, especially as it pertains to stock investment.
Inherited
IRAs
- IRAs are
among the largest assets left to heirs and beneficiaries, and
deciding what to do with an inherited IRA is among the most
important decisions facing many heirs. So, let's discuss the
decisions you'll want to ponder if you find yourself on the
receiving end of an IRA account from a loved one who has passed
away.
You can, of course, elect to receive the entire balance
immediately in a total distribution... but is that really
what you want to do? Unless you need the money immediately, it's
generally better to leave it in the IRA as long as possible to defer
taxation and prolong the period of tax-free growth.
Did you even know that you have choices if you are the
beneficiary of an IRA account? Well, you do. But, the IRA
distribution options available generally depend on whether the IRA
owner dies before or after April 1 of the year following the
year in which he or she turned age 70 1/2. That's when the owner
would have been required to start taking minimum distributions from
the account and, for the remainder of this article, we'll refer to
that date as the "required beginning date."
Options for the Estate
If the IRA owner made the mistake of not naming a beneficiary or
of naming his estate as beneficiary, there is little room for
distribution planning. If the IRA owner dies before
the required beginning date, the balance will be distributed to his
estate (or other beneficiary, as prescribed in the will) according
to the five-year rule.
The five-year rule basically requires the entire amount in the
IRA be distributed no later than December 31 of the fifth year after
the IRA owner's death. In this case, the only question is when and
how to take the distributions during the five-year period, as
waiting until the end maximizes the tax deferral, but spreading them
out over all years avoids bunching income for the recipient.
On the other hand, if the IRA owner dies after the
required beginning date, the balance must be distributed over the
remaining term elected by the IRA owner. Or, if the owner elected to
recalculate his life expectancy, the balance must be distributed by
the end of the year following the year of his death.
Options for the Non-Spouse Beneficiary
Assume that you're not the surviving spouse of the deceased IRA
owner, but this person was kind enough to name you as the
beneficiary of the IRA. Now what happens?
IRA Owner Dies After Required Beginning Date
If the IRA owner had already begun to receive minimum
required distributions, the remaining distributions generally must
be paid out at least as rapidly as they would have been under the
method of distribution in effect before his/her death.
This means that the options available to you are limited, because
you generally can't lengthen the distribution schedule selected by
the IRA owner on his required beginning date. Instead, with a few
exceptions, if the IRA owner was receiving distributions over your
collective life expectancies on the required beginning date, you
must continue to take distributions over this period. If the IRA
owner was recalculating the life expectancy each year, you must take
the distributions over your own life expectancy (since
the life expectancy of the IRA owner is now, sadly, zero).
If, on the other hand, the IRA owner was receiving distributions
over his own single life expectancy (whether or not recalculated),
the IRS has ruled that you can take distributions over your own
life expectancy.
IRA Owner Dies Before Required Beginning Date
If the IRA owner dies before the required beginning date, you
have a few more options. The general rule is that the entire balance
of the IRA must be distributed under the five-year rule discussed
above.
But, you can take advantage of an exception to the five-year rule
and elect to receive distributions over a period not exceeding your
life expectancy -- a better option for most people. If you decide to
take this option, it's vital that you elect a method of distribution
and that you take the initial distribution by the end of the year
following the year of the IRA owner's death. Why? Because, unless
the IRA agreement provides otherwise, distributions to a non-spouse
beneficiary must be made under the five-year rule if no election is
made. If you fail to make the election and take the appropriate
distribution at the appropriate time, you'll lose this option and
will be required to take distributions using the five-year rules. In
effect, if you snooze, you lose.
One option not available to non-spouse
beneficiaries is rolling over the inherited IRA account into an
existing IRA they own. (Only spouses have this option,
and we'll discuss it in a bit more detail below.) If a non-spouse
beneficiary does roll over the inherited IRA into his
or her own existing IRA, the rollover is treated as a distribution,
and the proceeds must be included in the beneficiary's income in the
year the rollover occurs.
Using Separate Shares for Multiple Beneficiaries
Multiple beneficiaries of an IRA can elect individually to apply
the five-year rule or one of the exceptions when the IRA owner dies
before beginning to receive distributions. In other words, each
beneficiary can decide how quickly to receive distributions. That's
the good news.
The bad news is that generally the individual having the shortest
life expectancy must be used to determine the required distribution
amount. Given this restriction, there may be little advantage to
naming multiple beneficiaries if there are vast age differences
among them. The younger beneficiaries will be required to
take distributions based on the life expectancy of the oldest
beneficiary.
But, there's a way around this. If separate IRA
accounts or segregated shares are maintained for each
beneficiary, each beneficiary can take his or her own distributions
based on his or her own life expectancy.
The separate shares or accounts can be set up in two ways. First,
the IRA owner may set up separate IRA accounts, naming different
beneficiaries for each. This is advisable, but can't be done
retroactively after the death of the IRA owner. But, the account can
be segregated after the IRA owner's death, as long as the necessary
actions are taken no later than the time by which distributions are
required to begin, and the division is retroactive to the time of
the IRA owner's death.
The separate shares are created by having the IRA trustee or
custodian set up sub-accounts within the original IRA, and then
account for gains, losses, and distributions separately for each
sub-account. This division does not affect the tax-deferred status
of the IRA and is not treated as a taxable distribution to the
beneficiaries. The individuals can then, if they wish, have the
sub-accounts transferred in a trustee-to-trustee transfer to
separate IRA accounts, as long as the accounts remain in the
decedent's name.
The result, according to several IRS rulings, is that each
individual's distribution is calculated using each individual
beneficiary's account balance and life expectancy. So, even if you
discover you are one of many beneficiaries, don't overlook the
possibility of creating sub-accounts and controlling your own
destiny.
Options for Surviving Spouses
A surviving spouse who is named the beneficiary of an IRA
generally has the same options available to non-spouse
beneficiaries... and then some. A surviving spouse has an additional
option -- he or she can avoid the post-death minimum distribution
rules completely by electing to treat the inherited
IRA as his or her own IRA.
If this election is made, the surviving spouse is treated as the
IRA owner for all purposes and becomes subject to the minimum
distribution rules only after reaching age 70 1/2. The surviving
spouse also has the opportunity to name another beneficiary and
receive distributions based on the joint life expectancy with the
new beneficiary, under the general rules applicable to all IRA
owners. Sweet.
Surviving Spouse Strategies
The election to treat your spouse's IRA as your own after his/her
death should probably be made when the IRA owner is receiving
distributions under the recalculation method. Why? Because, if you,
the surviving spouse, don't elect to take the IRA as your own, the
IRA will have to be distributed in a lump sum if you die before the
entire balance is distributed. This could cause a real hardship to
your beneficiaries.
In addition, this election should be made whenever the surviving
spouse is much younger than the deceased IRA owner. Why? Because it
allows the surviving spouse to leave the funds invested tax-deferred
until after he/she reaches age 70 1/2. If the election is not
made, the surviving spouse will be required to receive distributions
based on the deceased IRA owner's age.
Obviously, on the other hand, a surviving spouse who is much
older than the deceased IRA owner generally should elect to receive
minimum distributions beginning after the decedent's death or after
the decedent's attainment of age 70 1/2, whichever is later.
Nevertheless, even an older surviving spouse can use
the election to treat the decedent's IRA as his or her own to name a
new beneficiary and begin receiving distributions over their joint
lives. This might well lead to a longer payout period.
The election to treat an inherited IRA as one belonging to a
surviving spouse can be made by filing an election on a form
supplied by the IRA trustee or custodian. But, the election can also
be made without filing any forms -- by simply by not taking required
distributions, or by making a contribution to the IRA.
Another option for a surviving spouse is a rollover. Unlike other
beneficiaries, a surviving spouse can roll over an inherited IRA
into an IRA of his or her own. This has the same result as the
election to treat the IRA as belonging to the spouse -- in fact,
many IRA trustees and custodians prefer or even require the
surviving spouse to change the ownership of an inherited IRA by
rolling the account over to a new account.
Disclaimer Option
The beneficiary named by the decedent may be able to disclaim an
interest in an inherited IRA, resulting in the distribution going
directly to the next beneficiary in line. The disclaimer is
effective for both income tax and estate tax purposes, so that the
original beneficiary will not be taxed on the IRA and the recipient
will be treated as receiving the IRA directly from the decedent.
This can be a complicated issue and is well beyond the scope of
today's discussion. It also could have both estate- and income-tax
consequences -- both positive and negative -- for the beneficiary.
Just know that this option is available and discuss it with a
qualified estate planning pro before you decide to disclaim your
interest in an inherited IRA.
Paperwork and Administrative Issues
Whatever option the beneficiary selects, he or she needs to take
care of some administrative details. First, a non-spouse beneficiary
must make sure that both the decedent's name and the beneficiary's
name are on the account. If the account title is modified to reflect
only the beneficiary's name, this modification is treated as an
immediate distribution of the account and all the proceeds will be
included in the beneficiary's income. In addition, the account
should reflect the decedent's date of death and the beneficiary's
Social Security number. It is safest not to assume that the IRA
custodian will take the necessary steps to ensure that the
information on the account is complete and correct.
Final Thoughts
Does this all look a bit complicated? Well, it certainly can be
-- which is why, if you inherit an IRA account, you'll likely need
some help to review your options from a qualified tax and/or
financial professional with experience in this area of the tax code.
Taking a "do-it-yourself" approach really might not be in
your best interests. You may overlook or not completely understand
some of the options available to you. Or worse, you could make the
wrong decision and end up paying unnecessary tax dollars to Uncle
Sammy. So, use the information above as nothing more than a starting
point, and then do the additional research required to see exactly
where you stand.
thanks
to fool.com for the above information.
ROTH IRAs
What It Offers
- The Roth IRA was introduced in 1998, and thus provides a new
approach to retirement savings.
In a nutshell, contributions to a Roth IRA are not tax-deductible,
but earnings grow tax deferred and can be withdrawn tax-free in
retirement after age 59 1/2 if the account has been in place for at
least five years. In addition, the Roth IRA permits certain early
withdrawals without penalty, sets no maximum age limit for
contributions and imposes no schedule for withdrawals. The one key
limit the Roth IRA adds is a maximum income level; joint filers may
contribute the lesser of $2,000 or 100% of their compensation
(earned income) into a Roth IRA, as long as their combined annual
income is below $150,000.
Above that figure, the allowable contribution decreases and is
phased-out completely at $160,000. For individual filers, the $2,000
maximum allowable contribution begins to phase-out at $95,000 and
reaches zero at $110,000. Roth IRAs can be opened starting January,
1998. Taxpayers may contribute to a traditional IRA, a Roth IRA, or
a combination of both, but an individual's maximum allowable total
annual IRA contribution remains at $2,000
A Roth IRA also incorporates a few other options. Both
traditional and Roth IRAs allow withdrawals after age 59 1/2, but
unlike the traditional IRA, a Roth will permit contributions after
age 70 1/2 and does not require withdrawals on any particular
schedule.
After five years, a Roth IRA allows tax-free withdrawals for a
first-time purchase (up to $10,000), disability or certain
emergencies without penalty, up to the amount deposited. Larger
withdrawals i.e., including some or all of the interest earned in
the account, will be subject to tax.
Who's It
Best For
A taxpayer that will have a higher or equal tax rate at retirement
than when contributions are made should highly consider a Roth IRA.
Taxpayers with many years before retirement should also highly
consider a Roth IRA over a traditional IRA. This is because the more
years between contribution and retirement, the higher the potential
value appreciation. Since the appreciated value will be withdrawn
tax free at retirement, or at a later date, this increases a Roth's
advantage over a traditional IRA.
Finally, a taxpayer that considers the need to make IRA withdrawals
at age 70 1/2 an unnecessary burden should consider the option of a
Roth.
Best
Roth Investment Options
- Most investment advisors agree that contributions to a Roth IRA
can be a taxpayer's most aggressive investments. The rationale is
that the Roth, since it is not taxed at withdrawal, can absorb the
most growth of all the retirement account options.
Pension Plan Limits for 2005
On October 20, 2004, the Internal Revenue Service announced cost of
living adjustments applicable to dollar limitations for pension plans
and other items for Tax Year 2005.
Section 415 of the Internal Revenue Code provides for dollar
limitations on benefits and contributions under qualified retirement
plans. It also requires that the Commissioner annually adjust these
limits for cost of living increases.
Many of the pension plan limitations will change for 2005. For most
of the limitations, the increase in the cost-of-living index met the
statutory thresholds that trigger their adjustment. Furthermore,
several limitations, set by the Economic Growth and Tax Relief
Reconciliation Act of 2001 (EGTRRA), are scheduled to increase at the
beginning of 2005.
401k Plan Limits for Plan Year |
2005 |
2004 |
2003 |
2002 |
2001 |
2000 |
401k Elective Deferrals |
$14,000 |
$13,000 |
$12,000 |
$11,000 |
$10,500 |
$10,500 |
Annual Defined Contribution Limit |
$42,000 |
$41,000 |
$40,000 |
$40,000 |
$35,000 |
$30,000 |
Annual Compensation Limit |
$210,000 |
$205,000 |
$200,000 |
$200,000 |
$170,000 |
$170,000 |
Catch-Up Contribution Limit |
$4,000 |
$3,000 |
$2,000 |
$1,000 |
n/a |
n/a |
Highly Compensated Employees |
$95,000 |
$90,000 |
$90,000 |
$90,000 |
$85,000 |
$85,000 |
|
Non 401K Related Limits |
403(b)/457 Elective Deferrals |
$14,000 |
$13,000 |
$12,000 |
$11,000 |
$8,500 |
$8,000 |
SIMPLE Employee Deferrals |
$10,000 |
$9,000 |
$8,000 |
$7,000 |
$6,500 |
$6,000 |
SIMPLE Catch-Up Deferral |
$2,000 |
$1,500 |
$1,000 |
$500 |
n/a |
n/a |
SEP Minimum Compensation |
$450 |
$450 |
$450 |
$450 |
$450 |
$450 |
SEP Annual Compensation Limit |
$210,000 |
$205,000 |
$200,000 |
$200,000 |
$170,000 |
$170,000 |
Social Security Wage Base |
$90,000 |
$87,900 |
$87,000 |
$84,900 |
$80,400 |
$76,200 |
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