Financial Frontlines®

In 2010 the IRS will remove the income limit on conversions from Nondeductible IRAs and Traditional IRAs to a ROTH IRA. We anticipate the tax law change to create a marked increase in conversion activity in 2010. Undoubtedly, savvy individuals and investment managers will take advantage of this opportunity to insulate themselves and their clients against possible future higher income tax rates. Previous to 2010, households with Modified Adjusted Gross Income (MAGI) exceeding $100k were ineligible to make conversions to ROTH IRAs. This change is welcomed news for those households who have been unable to invest in deductible Traditional IRAs or ROTH IRAs due to income limitations.

The Tax Increase Prevention and Reconciliation Act of 2005, signed into law on May 17, 2006, created the loophole which takes effect in 2010. To demonstrate the potential benefit of this loophole, a previous ineligible household who has not made contributions to an IRA this year could ultimately fund a ROTH IRA with $20k by April 15, 2010. That number increases to $24k for qualified wage earners, married filing jointly, and at least 50 years old. How can this be done? It’s really a simple process. First, establish a Nondeductible IRA and contribute $5k for each spouse for 2009 and again in 2010, then convert the balance into a ROTH IRA in 2010.

Washington’s unabated printing of the U.S. Dollar is setting the stage for future income tax increases. Policy makers have already zeroed in on those earning $250k/year and we anticipate that number to creep lower as spending continues and the deficit surges. The federal debt for Fiscal Year 2009 was $1.4 Trillion. Enacting a conversion strategy now and in future years (until Congress changes the law) enables investors to keep more of their hard earned money as converted ROTHs will provide tax free growth and tax free distributions (as long as distributions are qualified).

Conversions of Traditional IRAs to ROTHs may also be a timely option for those impacted by the current economic downturn. Individuals who have seen a drop in their personal income can benefit from converting their Traditional IRA to a ROTH in 2010 as well. Reduced income levels and low current tax rates equate to a lower tax bill if converted now as opposed to the future when personal incomes recover and tax rates increase. In addition to personal income levels, many retirement accounts have also seen a significant drop in value. Converting now makes sense, as lower current account values translates into lower tax liabilities. The market has rallied nicely this year and as it continues to recover and account balances increase all the gains made over the ensuing years will be tax free when withdrawn as qualified distributions. As if it couldn’t get any better, the IRS is providing an additional benefit in 2010 by extending the timeline for payment of taxes.

Conversions completed in 2010 can be paid over a two year period, reducing the immediate income tax burden for those who convert. This can help offset cash flow concerns for investors in these tough economic times. Understanding the three possible taxation methods is critical and must be reviewed to ensure proper calculation of tax liability. Taxation is based on the type of IRA accounts you own, Nondeductible, Traditional or a combination of both.

1. Investor owns only a Nondeductible IRA: Taxation is based on the gain above contribution. If the investor previous to this year did not own an IRA, he could apply the strategy outlined in paragraph two and incur only a minimal income tax liability, (gain above contribution) while fully funding a ROTH IRA for 2009 and 2010. This is a significant benefit for those who were previously ineligible and made no prior IRA contributions.
2. Individual owns only a Traditional IRA: The entire conversion amount is taxed at their income tax rate.
3. Individual has both a Traditional and Nondeductible IRAs: The balances of each type of account must be aggregated to determine the applicable income tax liability. Example, if an individual has $20k in Traditional IRAs and $10k in Nondeductible IRAs, 2/3 of the conversion amount would be subject to the individual’s income tax rate.

The decision of converting a Nondeductible and/or Traditional IRAs to a ROTH IRA is one that must be analyzed. There are numerous assumptions and planning factors that should be considered to make an informed decision. If one can foresee the future and know that they will be in a higher tax bracket in retirement then the tax free growth and tax free qualified withdrawals are a convincing option for conversion. One should thoroughly research the 2010 conversion tax laws and assess their personal circumstances prior to making a decision and/or seek professional assistance.

• Typically conversions will benefit those who anticipate being in a higher tax bracket in retirement
• IRA Conversions which have not been taxed are includible in your gross income in the year of conversion (Taxes on conversions made in 2010 can be paid over a 2 year period)
• If funds are not available to pay the taxes it is not advisable to use retirement funds to pay the taxes
• You MUST submit IRS Form 8606 for Non-deductible IRA contributions each year a contribution is made
• Converted ROTH can play an effective role in Estate planning for taxes and minimum withdrawals

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