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[Guidance Overview] IRS Employee Plans News, Issue 2014-15, September 22, 2014 (PDF)
Topics include: [1] Form 5498 -- errors by IRA trustees, issuers and custodians may cause tax trouble for IRA owners; [2] Finding missing plan participants: steps plan sponsors may take to locate missing participants; [3] DOL corner: Updates on brokerage windows and missing participants; and [4] IRS and DOL guide for retirement plan reporting and disclosure issues (chart summarizes plan sponsors responsibilities on Form 5500 annual reports, participant notices and other items). (Internal Revenue Service [IRS])
[Guidance Overview] Multiple Retirement Accounts: Can I Take the Total Required Minimum Distribution from Just One?
"You cannot take the RMD for one type of account from a different type of account. You cannot take an employer plan RMD from an IRA or vice versa.... An RMD must be taken from each employer plan that you might have.... If you have more than one 403(b), you can calculate each RMD and then combine them and take them from any 403(b) account you have." (Slott Report)
[Guidance Overview] Changes Proposed to Allocation Rules for Rollovers
"Under the new rules, all disbursements of benefits from the [section 401, 403(b) or 457(b)] plan to the recipient that are scheduled to be made at the same time are treated as a single distribution no matter whether the recipient has directed that the disbursements be made to a single destination or multiple destinations. If the pretax amount of the aggregated disbursements that are treated as a single distribution is less than the amount of the distribution that is directly rolled over to one or more eligible retirement plans, the entire pretax amount is assigned to the amount of the distribution that is directly rolled over. If the rollover is to two or more plans, then the recipient can select how the pretax amount is allocated among these plans." (Journal of Accountancy)
IRS Shifts Course with New Rollover Distribution Rule
"[T]he new ruling permits savers to break out that after-tax portion of money within the retirement plan and convert it to a Roth IRA free of taxes. This decision is a shift from where the IRS stood on eligible rollover distributions of money from a retirement plan when those dollars included after-tax contributions." (InvestmentNews)
[Guidance Overview] IRS Notice 2014-54 Allows Splitting Pretax and After-Tax Amounts by Direct Rollover
"Previously, the IRS stated in Notice 2009-68 that the splitting of pretax and after-tax amounts in participant accounts could not be done by direct rollover, but could be done if a plan participant received a direct distribution and then indirectly rolled over ('60-day rollover') a pretax amount to an IRA or retirement plan.... Notice 2014-54 makes possible the splitting of pretax and after-tax amounts by direct rollover." (Ascensus)
[Official Guidance] IRS Notice 2014-54: Guidance on Allocation of After-Tax Amounts to Rollovers (PDF)
"This notice provides rules for allocating pretax and after-tax amounts among disbursements that are made to multiple destinations from a qualified plan described in Section 401(a) of the Internal Revenue Code. These rules also apply to disbursements from a Section 403(b) plan or a Section 457(b) plan maintained by a governmental employer described in Section 457(e)(1)(A). Section VI of this notice provides transition rules." (Internal Revenue Service [IRS])
GAO Report Shines Light on IRAs: Popular and Ripe for the Picking
"The report provides some fascinating information about the number of people who have IRAs, as well as the staggering amounts that some people have accumulated in them.... The government realizes that IRAs are ripe for the picking.... There are a lot of people with IRAs.... Mitt Romney' s IRA has company!" (Slott Report)
Text of GAO Report: Preliminary Information on IRA Balances Accumulated as of 2011
"For tax year 2011 (the most recent year available), an estimated 43 million taxpayers had individual retirement accounts (IRA) with total reported fair market value of $5.2 trillion. About 99 percent of those taxpayers had aggregate IRA balances (including inherited IRAs) of $1 million or less.... [F]ew taxpayers had aggregated balances exceeding $5 million as of 2011." (U.S. Government Accountability Office [GAO])
IRS Rules Verbal Request a Timely IRA or ESA Contribution
"The IRS has issued a private letter ruling (PLR) to a nonbank trustee that would permit the trustee' s clients to satisfy IRA and Coverdell education savings account (ESA) contribution deadline requirements by making timely written or oral requests to transfer funds from general accounts to IRAs or ESAs. PLR 201437023 was issued to a nonbank trustee whose clients commonly have IRAs or ESAs as well as general investment accounts with the organization. IRA and ESA contributions are often executed by the trustee transferring the appropriate amount from a client' s general account to his IRA or ESA." (Ascensus)
401(k)/IRA Holdings in 2013: An Update from the Federal Reserve
"The Federal Reserve's 2013 Survey of Consumer Finances provides an opportunity to examine trends in retirement savings over the past few years. The good news is increased use of target date funds; the bad news is no improvement in participation rates, significant leakages, and high fees. Surprisingly, for working households nearing retirement, median combined 401(k)/IRA balances actually fell from $120,000 in 2010 to $111,000 in 2013. Younger households did see rising balances but retirement savings levels are clearly inadequate, and about half of all households have no 401(k) assets at all." (Center for Retirement Research at Boston College)
How Safe Is Your Retirement Nest Egg from Creditors?
"IRA funds dwarf the amount of retirement assets held in employer sponsored retirement plans. Those IRAs will offer tempting targets to creditors when they pass on death to beneficiaries other than a surviving spouse. Consider leaving retirement assets in your employer sponsored plans, where protection from creditors is assured, as long as possible. Alternatively, for assets currently held in an IRA, consider retaining the spouse as the primary beneficiary (that appears to be safe for now) and naming only a spendthrift trust as the alternative beneficiary[.]" (The Retirement Plan Blog)
What Happens When an IRA Beneficiary Dies?
"[If] the primary beneficiary survives the participant but later 'disclaims' the account by means of a qualified disclaimer, he is treated as having predeceased the participant -- he drops out of the picture. In that case the contingent beneficiary comes back in to the picture ... [W]ith a trusteed IRA it is possible for the original participant to dictate who the successor beneficiary is.... [If] the primary beneficiary (having survived the participant) later dies while there is still money in the account, that money will pass to the participant's chosen successor beneficiary, not to the estate of the primary beneficiary." (Morningstar Advisor)
Can You Contribute to a Roth 401(k) and Roth IRA in the Same Year?
"Maybe. Participation in an employer plan does not disqualify you from contributing to an IRA or a Roth IRA ... [T]he question is not whether or not you can make the [IRA] contribution, but whether or not you can deduct the contribution.... If you make a non-deductible contribution, be sure you file Form 8606 with your tax return to tell IRS that you have made an after-tax contribution. Otherwise, when you go to take the funds out, you will be taxed again." (Slott Report)
Leaving a Legacy: Three Differences Between Roth IRAs and Life Insurance
"Life insurance and Roth IRAs have a lot in common. They are both often used as wealth transfer tools to help facilitate an efficient transfer of assets from one generation to the next, and they are both able to provide a tax-free legacy, just to name a few.... [1] Roth IRAs are always included in your estate ... [2] There's a limit to the amount you can contribute to a Roth IRA ... [3] There are no RMDs for life insurance." (Slott Report)
IRS Allows Spouses to Roll Inherited IRAs Through Own Trusts to Their IRAs
"In private letter rulings (PLRs) 201430026 and 2014130029, IRS allowed the surviving spouses to roll their inherited IRAs through a trust to their own IRAs. The twist here is that the trust beneficiary was the spouse's own trust, not a trust established by the decedent." (Slott Report)
What New IRS Rules Mean for Your Retirement Account
"Starting in 2015, new rules apply for withdrawing money from an IRA with the aim of rolling it into another IRA investment, taking possession of the funds yourself in the process. The short version of the new rule is that you can only roll over an account this way once every 365 days ... But the longer version is: Don't even try to skirt this rule." (U.S. News & World Report)
Five Retirement Account Creditor Protection Myths ... And the Real Facts
"Myth #1: Retirement money is universally protected from creditors ... Myth #2: Plan money is always creditor protected ... Myth #3: General creditor protection and bankruptcy protection are the same ... Myth #4: Retirement account beneficiaries have the same levels of protection as owners ... Myth #5: Plan money retains its creditor protection when it's rolled over to an IRA." (The Slott Report)
IRA Withdrawals Tied to RMD Requirements
"For those at or above the required minimum distribution (RMD) age of 70-1/2, the withdrawal rates at the median (mid-point) appeared close to the amount that is required to be withdrawn, though some were significantly more ... [A]mong individuals under age 60, 10% or fewer had a withdrawal.... 65.4% of the individuals taking a withdrawal were ages 65 or older, and just over half (51.1%) were ages 71 or older, while just 11.5% were younger than age 50." (Wolters Kluwer Law & Business)
Two IRA Rollovers from One Account in One Year: Nothing Good Happens
"If you request two distributions on two different dates, then you can decide which one you want to rollover with the 60-day rollover period. As long as you have the funds, the smart choice is to roll over as much as you can of the larger distribution. This reduces the amount you will have to include in income for the year and any 10% early distribution penalties you might owe.... When the excess contribution is not timely corrected, then the client will owe a penalty of 6% per year for every year that the excess amount remains in the IRA." (The Slott Report)
A 401(k) Rollover Checklist for Plan Participants
"[A]t a minimum, holding multiple retirement accounts here and there means that you have more holdings to monitor. And if the old 401(k) is subpar, you may actually hinder your returns by staying put.... [1] Check your account value.... [2] Determine whether to stay within the 401(k) confines.... [3] Assess the quality of your 401(k) options.... [4] Find the right IRA provider.... [5] Decide whether to convert your Traditional 401(k) assets to Roth.... [6] Execute.... [ 7] Determine what to invest in." (Morningstar)
[Opinion] Former DOL Deputy Director Declares Scandal in IRA Rollovers
"The current standards allow brokers to present sales pitches that appear to be similar to investment advice. Retail investors have a difficult (impossible?) time distinguishing between a sales pitch and unbiased advice. The result is that many investors are lured away from appropriate and low-cost investments into higher-priced investment vehicles sold by someone who puts his or her own fees ahead of the best interests of the investor. Allowing these practices just adds to the many challenges people face in saving for retirement. Financial advisors should be in the business of helping people succeed at investing. Period." (Employee Fiduciary)
Why a Roth Conversion May Be a Bad Idea Even If Taxes Are Higher in the Future
"[T]he simple reality is that there are many paths to higher tax burdens in the future that don't necessarily involve higher marginal tax rates on IRA withdrawals. Which means ultimately, advisors should be very cautious about doing Roth conversions -- especially conversions at rates that are 33% or higher -- and the best possible thing to do with a pre-tax IRA may simply be to continue to hold it, and wait for tax burdens to increase... because when paired with a compression of tax brackets that leads to lower marginal tax rates, not converting to a Roth could actually be one of the best long-run tax savings strategies around!" (Michael Kitces in Nerd's Eye View)
[Opinion] Supreme Court Disregards ERISA and Goes Further Astray in Applying Bankruptcy Law to Retirement Assets
"The Court's implicit addition of the phrase 'debtor's created' at the start of the exemption is based on its unexamined assumption that otherwise the phrase, 'Retirement funds to the extent that those funds are in,' would be rendered 'superfluous.' ... The phrase 'retirement funds to the extent that those funds are in' has a significance without the addition of any words that is consistent with the legislative history of the phrase, the other bankruptcy provisions, and ERISA.... Under this analysis the bankruptcy fund protection would be available to the participants and beneficiaries of such non-ERISA pension plans." [Clark v. Rameker, No. 13-299 (U.S. June 12, 2014)] (Albert Feuer via SSRN)
Brokers Lure Soldiers Out of Low-Fee Federal Retirement Plan
"Workers who leave jobs with the federal government transferred $10 billion last year out of the Thrift Savings Plan. Forty-five percent of participants who left federal service in 2012 removed all of their funds from the plan and closed their accounts by the end of 2013.... 'Swayed by the financial industry's marketing efforts,' Thrift Savings Plan members in recent years 'have become an even more popular target' for companies luring them into higher-cost IRAs, Gregory Long, the plan's executive director, wrote[.]" (Bloomberg)
Recent Supreme Court Case Highlights New Concerns in Naming IRA Beneficiary
"While most states ... do not exempt inherited IRAs, some states (e.g., Florida and Arizona) specifically provide that inherited IRAs are exempt.... However, one should carefully consider whether reliance on the state protection creates a false sense of security. If a parent resides in Florida or Arizona but the child inherits the parent's IRA and resides in a state that does not specifically protect inherited IRAs ... the inherited IRA could be subject to the claims of creditors in bankruptcy." (Quarles & Brady LLP)
How to Get Closure on IRA Mistakes
"For some mistakes, the statute of limitations eventually protects you -- if you file the right kind of tax return. The problem is, until 2011 (when the Paschall case was decided), people didn't realize that the 'return' they needed to file was Form 5329.... Since Paschall, it has become imperative for prudent IRA owners to file Form 5329 every year, even when they (think they) owe no penalties. If you just file Form 5329, even if you report "zero, zero, zero" in each penalty section, you start the statute of limitations running." (Morningstar Advisor)
[Guidance Overview] Accepting Rollover Contributions Now Easier for Retirement Plans
"The IRS now has provided a streamlined process for validating rollover contributions in the form of two safe harbors, one for rollovers from other employer qualified plans and another for rollovers from IRAs. These safe-harbor rules eliminate the need for plan administrators to obtain a copy of a qualified plan's IRS determination letter ... and in the case of rollovers from IRAs, obtain evidence that the rollover amount originated from a qualified or governmental 457(b) plan." (Poyner Spruill LLP)
Eighth Circuit Reverses Tax Court's Denial of Taxpayer's Partial Rollover Contribution
"The court determined that the fact that entitlement to the partial rollover was overlooked by the IRS before the Tax Court where the taxpayer represented himself pro se was enough to excuse the taxpayer from not raising the issue until represented by counsel on appeal. Though the appellate court generally does not consider issues not raised in the lower court, it makes an exception 'where injustice might otherwise result.' Accordingly, the Eighth Circuit reversed the Tax Court and allowed the taxpayer's belated partial rollover argument." [Haury v. Comm'r, No. 13-1780 (8th Cir. May 12, 2014)] (Wolters Kluwer Law & Business)
How Long Must I Keep My Year-End IRA Statements?
"All IRA custodians are required to send you an annual statement of the December 31 fair market value (FMV) of your IRA by January 31 of the following year. That FMV information is also shown on IRS Form 5498, which is sent to IRS and to you each year in May. Accordingly, there is no need for you to keep the end-of-year mutual fund statements once you check them against the 5498." (The Slott Report)
Study Says DC Plans Work When Supplemented by Social Security
"Recent retirees reported median household assets of $473,000, which included investable assets and home equity, while subtracting debt. Nearly half, or 48%, had $500,000 or more.... Yet despite these healthy numbers, Social Security accounted for the lion's share, or 43%, of their income. The second largest source, at 19%, came from traditional defined benefit plans, followed by amounts withdrawn from personal savings and investment accounts including IRAs and defined contribution plans, at 18%." (On Wall Street)
IRA Withdrawals During 2012: How Much and When (PDF)
"For those at or above the required minimum distribution (RMD) age of 70-1/2, the withdrawal rates at the median (mid-point) appeared close to the amount that is required to be withdrawn, though some were significantly more. In contrast, among individuals under age 60, 10 percent or fewer had a withdrawal. Significantly, when looking at the distribution of the withdrawal rates for those ages 70 or older, the median of the three-year average withdrawal rates also show that most individuals are withdrawing at a rate that is likely to be able to sustain some level of post-retirement income from IRAs throughout their retirement years." (Employee Benefit Research Institute [EBRI])
[Guidance Overview] IRS Provides New Safe Harbors for Validation of Rollover Contributions (PDF)
"Rollovers made electronically will qualify for either of the new safe harbors as long as the distributing plan administrator or IRA trustee provides the required information regarding the source of funds to the administrator for the receiving plan. If the distributing plan is not required to file Form 5500 ... the EFAST2 records will not be an option for confirming plan status.... Plan administrators may develop other processes for making reasonable conclusions that a potential rollover contribution is a valid rollover contribution." (Prudential)
Distribution Planning for Beneficiaries: Why It's Important to Check IRA Agreements and Retirement Plan Provisions
"Most employer plans do not offer a stretch option to a non-spouse beneficiary because they do not have to.... On the IRA side, a custodian does not have to offer a direct transfer option.... Other items to check for are the ability to use a trust as a beneficiary, the ability to use a power of attorney and the ability to disclaim inherited retirement assets." (The Slott Report)
Three Things to Check on a Beneficiary Form -- Besides the Beneficiaries
"[1] Does the beneficiary form work on a per stripes or per capita basis? ... [2] Are there any restrictions on whom you can name as a beneficiary? ... Some beneficiary forms ... may not allow a trust to be named as a beneficiary. Others may limit the number of primary or contingent beneficiaries you can name.... [3] Does the beneficiary form allow the stretch? ... [A] retirement account may require that any beneficiary -- designated or not -- empty an inherited account within 5 years." (The Slott Report)
All-Time High: Fidelity's Average Annual IRA Contribution Climbs to Over $4,000
"The findings ... show investors 50 years of age and over continue to save the most in Traditional and Roth IRAs. Younger investors, those in their 20s, 30s and 40s, are adopting strong savings behaviors and have made strong increases with overall average contributions -- 3.9 percent, 6.7 percent and 6.2 percent, respectively from 2012 tax year to 2013 tax year. Additionally, average contributions to Roth IRAs continue to outpace average Traditional IRA contributions on both ends of the age spectrum." (Fidelity)
IRA Withdrawals in the 'Crossover Zone' Can Trigger the Section 1411 Net Investment Income Tax
"[B]ecause the tax only applies to investment income above certain income thresholds, it's possible for 'non'-investment income like retirement distributions to cause the surtax on other investment income by pushing it over the line. The end result: even types of income not directly subject to the tax end out indirectly causing the 3.8% surtax after all! Given this dynamic, investors whose investment income is in the 'crossover zone' and straddles the income threshold -- such that only a portion of their investment income is subject to the surtax -- have a unique planning opportunity to shift income into other years where they do not face the crossover zone." (Michael Kitces in Nerd's Eye View)
Does the Supreme Court's Bankruptcy Decision Affect IRAs Inherited by Spouses?
"Many experts believe that the Heffron-Clark decision will not apply to spouses who inherit an IRA. There are a number of special rules for spousal beneficiaries under the Tax Code that create a clear distinction between spouse and nonspouse beneficiaries. Another possibility, however, is that a spouse inheriting an IRA will be unable to claim an exemption for it. If so, it will make no difference from a bankruptcy perspective whether the client keeps the account as an inherited IRA or does a spousal rollover. Either way, the funds could be considered part of the surviving spouse's bankruptcy estate." (On Wall Street)
How State Auto-IRA Legislation May Affect Employers
"These proposals generally do not cover employers who already have a plan. But, depending on how they deal with uncovered groups and uncovered employees (e.g., part-time or seasonal employees) and minimum standards for 'what is a plan,' they may wind up applying even to large plan sponsors. [This article reviews] three such initiatives: the National Conference on Public Employee Retirement Systems (NCPERS) Secure Choice Pension (SCP) proposal, the California Secure Choice Retirement Savings Trust Act and the Illinois Secure Choice Savings Program Act." (October Three Consulting)
Aggregating Inherited IRAs
"In all of these scenarios the RMD will have to be calculated and distributed separately for each IRA. You can never take the RMD for an inherited IRA from an IRA that you own or vice versa. IRAs inherited by non-spouse beneficiaries have RMDs beginning in the year after the death of the account owner regardless of the age of the beneficiary." (The Slott Report)
Stock Market's Rise Lifts Retirement Balances to a Record High
"At the end of the second quarter ... For those employees who have been active in a workplace 401(k) retirement plan for a full 10 years, their average balance rose 15.0% per year over the past decade to $246,200.... The quarterly average 401(k) balance, which includes all employees at various stages of their careers including just starting a job to nearing retirement, rose 12.9% to $91,000, a record high, up from $80,600 at the end of the second quarter 2013.... Impact of the stock market remains significant with 77% of the one-year 401(k) balance increase due to the equity markets and 23% due to employee and employer contributions." (Fidelity)
How the 'Annuities Should Never Go in an IRA' Rule Has Become a Myth
"While in some limited cases, deferred variable annuities actually are making a resurgence for pure tax deferral purposes -- in which case, there's once again little reason to purchase them with retirement assets -- most annuities continue to be purchased for their guarantees and investment characteristics, not their tax preferences. Given these changes, it is perhaps time to abolish the 'annuities should never go into an IRA' rule and recognize that it has become more a myth and remnant of old than proper advice in today's environment." (Michael Kitces in Nerd's Eye View)
IRS Expected to Require Aggregating IRA Types for Rollover Limitation
"Based on new communications with the IRS, it now appears the IRS has reconsidered that position and believes that aggregating Traditional, Roth, and SIMPLE IRAs into a combined one-rollover limitation better reflects Congress' intended safeguards against abusive use of IRA assets as de facto lending instruments." (Ascensus)
What NOT to Do When a Trust is the IRA Beneficiary
"While there are many good reasons to name a trust as the beneficiary of an IRA, the main reason is for control. If the IRA owner wants to control how the funds are paid out after he dies, a trust can do that.... Trusts by themselves are complicated. The IRA required minimum distributions rules are complicated too. When you mix the two by naming a trust as the IRA beneficiary, problems often occur. Below are some common mistakes that are made after an IRA owner dies with a trust as the beneficiary." (The Slott Report)
Ins and Outs of Taking Required Minimum Distributions from Multiple IRAs and Retirement Plans
"Generally speaking each retirement plan or account must distribute its own RMD, and you cannot take a distribution from one plan that counts toward your RMD from another plan.... With IRAs, there is more flexibility: Generally you can take your IRA distributions from whichever IRA you want ... But that flexibility does not extend to inherited IRAs. If you are holding an IRA as beneficiary, you must take RMDs attributable to that inherited IRA from that account." (Natalie Choate for Morningstar Advisor)
What a Younger Spouse Should Do When Inheriting an IRA
"A beneficiary does not have to pay the 10% early distribution penalty on amounts withdrawn from the inherited IRA.... A spouse beneficiary does not have required minimum distributions (RMDs) until the deceased account owner would have been 70-1/2 ... Diane should be sure to make the funds her own before the year Richard would have been 70-1/2 [which is 18 years from now]. Here's why." (The Slott Report)
[Official Guidance] Text of IRS Partial Withdrawal of Proposed Regs which Had Allowed More Than One IRA Rollover Per Year
"As of [July 11, 2014], the proposed amendment to Section 1.408-4(b)(4)(ii), published Tuesday, July 14, 1981 (46 FR 36198), is withdrawn ... The IRS intends to follow the [Tax Court] opinion in Bobrow and, accordingly, is withdrawing paragraph (b)(4)(ii) of Section 1.408-4 of the proposed regulations and will revise Publication 590. This interpretation of the rollover rules under section 408(d)(1)(B) does not affect the ability of an IRA owner to transfer funds from one IRA trustee or custodian directly to another, because such a transfer is not a rollover and, therefore, is not subject to the one-rollover-per-year limitation of section 408(d)(3)(B).... [T]he IRS will not apply the Bobrow interpretation of section 408(d)(3)(B) to any rollover that involves a distribution occurring before January 1, 2015." (Internal Revenue Service [IRS])
No Gender Gap in IRA Contributions (PDF)
"[A]ccounts owned by males received only slightly higher average annual contributions ($4,023) than did those owned by females ($3,995), although males had higher individual average and median balances than females ($139,467 and $36,949 for males, respectively, vs. $81,700 and $25,969 for females), and were more likely to have an IRA." (Employee Benefit Research Institute [EBRI])
[Guidance Overview] New Treasury Rules Enable Longevity Annuity Purchases Through Qualified Plans and IRAs
"Rules governing required minimum distribution (RMD) at age 70-1/2 have been revised so that the value of a qualifying longevity annuity contract (QLAC) is not included in the determination of a minimum annual payment. Aggregate premium payments to the contract cannot exceed the lesser of $125,000 or 25% of the participant's account balance. In earlier proposed regulations, the Treasury set the limit at $100,000.... Section 403(b) plans may purchase QLACs under the same rules that apply to employer-sponsored tax qualified plans." (J.P. Morgan Asset Management)
Offsetting the Income Taxes from an Inherited 401(k)
"The terms of the inherited retirement account specified that the couple had to draw it down in equal installments over five years.... That additional income meant they'd owe at least another $6,500 per year in taxes.... [Their advisor] suggested that each of them contribute the maximum $22,000 to their 401(k)s each year. Those combined tax-deferred contributions of $44,000 would offset the $40,000 in annual income from the inherited 401(k), reducing their tax bill and preventing them from moving into a higher tax bracket." (The Wall Street Journal; subscription may be required)
[Guidance Overview] IRS Regulations Create New Type of Retirement Income Annuity
"You will be able to exclude the value of a [qualifying longevity annuity contract (QLAC)] from your RMD calculations, allowing you to keep a greater portion of your IRA (or other retirement account) intact longer. Payments from QLACs will have to begin no later than the first day of the month after you turn 85. You will be limited as to how much of your retirement savings you can invest in a QLAC.... The limits will apply separately to each spouse when each spouse has their own retirement accounts. QLACs cannot be variable or equity-indexed annuity contracts, though insurance may offer contracts with cost-of-living adjustments. QLACs cannot offer any cash surrender value." (The Slott Report)
Roth IRAs Most Often Created by Contributions, Not Rollovers
"In 2012, more than seven in 10 new Roth IRAs were opened exclusively with contributions -- in sharp contrast to traditional IRAs, which largely are created through rollovers from employer-sponsored retirement plans." (Investment Company Institute [ICI])
Roth IRA Investor Activity, 2007-2012 (PDF)
"[F]orty-three percent of consistent Roth IRA investors contributed to their Roth IRAs between tax year 2008 and tax year 2012, and more than three-quarters of them contributed in multiple years.... Withdrawal rates rose slightly between 2008 and 2012, but still only a very small fraction of Roth IRA investors took money out of their Roth IRAs.... On average, in recent years, nearly $20 billion of contributions flowed into Roth IRAs per year. In tax year 2012, 30.3 percent of Roth IRA investors aged 18 or older contributed to their Roth IRAs, and more than four in 10 of these contributors did so at the legal limit." (Investment Company Institute [ICI])
Senate Postpones Markup of Bill with Provision to Accelerate IRA Death Benefit Payouts
"The Senate Finance Committee was scheduled to consider a bill this week that includes a revenue raising provision to accelerate certain beneficiary payouts in retirement accounts. Markup of the bill has been postponed until after the Senate recess." (Ascensus)
Text of JCT Description of Proposed Modification to the 'Preserving America's Transit and Highways Act of 2014'
Includes changes to proposed modifications of required beginning dates for 5% owners and for rollovers from governmental and collectively bargained plans, as well as a proposal to modify the definition of normal retirement age for in-service distributions in DB plans. JCT cost estimate is also available. (U.S. Congress, Joint Committee on Taxation [JCT])
Ten (Not So) Simple Steps to Claiming a Deduction for a Roth IRA Loss
"If you've actually made it [through the preceding 9 steps] and are one of the lucky -- or perhaps, not so lucky -- few who can claim a deduction for a Roth IRA loss, then take a complete distribution of all your Roth IRAs. Note that while this must be done in order to take a deduction for a Roth IRA loss, it also means the end of your Roth IRA accounts. You will be giving up any tax-free appreciation that may have occurred in later years in the Roth, so just be sure that you weigh the pros and the cons of this move before you take any action." (The Slott Report)
Estate as Beneficiary: IRA vs. Qualified Plan
"When retirement benefits are payable to the estate, the family loses the option of a 'stretch' (life expectancy) payout. The life expectancy payout is available only to 'designated beneficiaries', meaning individuals or see-through trusts. The estate is not and cannot be a 'designated beneficiary' because it is not an individual, and (unlike with trusts) the IRS has no 'see-through rule' for estates." (Natalie Choate for Morningstar Advisor)
An Inherited IRA Is Not a 'Retirement' Account for Purposes of Bankruptcy Protection
"From a proactive planning perspective, the Clark decision will likely make it far more appealing for spousal beneficiaries to roll over inherited retirement accounts rather than leaving them as inherited IRAs, and non-spouse beneficiaries may increasingly prefer to inherit retirement accounts via a trust on their behalf, taking advantage of the 'see-through' trust regulations to ensure the inherited IRA can still stretch its distributions to the trust itself. On the other hand, the acknowledgment by the Supreme Court that a retirement account effectively ceases to be a preferential account (for asset protection purposes at least) after the death of the original owner also raises the question of whether Congress' recent proposals to curtail the use of stretch IRAs altogether and force most beneficiaries to use the 5-year rule may soon come to pass as well!" (Michael Kitces in Nerd's Eye View)
[Opinion] Five Reasons Why Bloomberg is Right to Blast 401(k) Rollovers
"Rolling a 401(k) account into an IRA is generally a really bad idea, for the following reasons: Higher fees.... Not only higher fees, but more fees.... No advice.... Bad advice.... Loss of protection from creditors.... [T]here are very few compelling reasons to remove 401(k) balances from qualified retirement plan accounts." (Lawton Retirement Plan Consultants)
[Guidance Overview] Supreme Court: Inherited IRAs are NOT 'Retirement Accounts' ... and What This Means For You
"The question for many now is, 'How can I keep my hard-earned money away from my children's (or other beneficiaries') creditors after I'm gone?' For some, state law may provide protection.... If -- and this is a big if -- a trust is drafted properly, certain requirements are met and the trust contains appropriate spendthrift language, it can help shield the trust assets (like an inherited IRA) from your trust beneficiaries' creditors while still allowing the trust to stretch distributions from the inherited IRA out over the oldest applicable trust beneficiary's life expectancy. There are a lot of potential downsides to consider when naming a trust as your IRA beneficiary, though." [Clark v. Rameker, No. 13-299 (S. Ct. June 12, 2014)] (The Slott Report)
Supreme Court Decision Impacts Inherited IRAs (PDF)
"[Clark v. Rameker] involves a daughter's inheritance of her mother's IRA. The rules differ when the person inheriting the IRA is a spouse.... Thus, it may be reasonable to conclude that a spouse's recharacterized IRA could be excluded from the bankruptcy estate as an exempt 'retirement fund' even after Clark. A spouse who inherits an IRA should consider making the election to recharacterize it if bankruptcy is a possibility." [Clark v. Rameker, No. 13-299 (S. Ct. June 12, 2014)] (Steptoe & Johnson LLP)

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