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401k Retirement Plans - Contribution Limits, Rules, Contributions & Distributions, Rollovers, IRS forms, Roth 401k, Roth IRA and more.

Rules You Must Know to Convert a 401(k) to a Roth - IRS Notice 2008-30, Minimum Required Distributions on Inherited Roth IRAs & Restrictions for Beneficiaries

(July 1st, 2008)

The benefits of owning a Roth IRA over a 401k are huge. Tax-free growth of retirement funds, ability to take out qualified distributions, and no forced minimum required distributions (MRDs) are just some of the benefits. But did you know that you do not have to have a 401k to convert to a Roth? You could convert your employer's retirement plan (whatever it may be) to a Roth via a Roth IRA conversion. This feature is enabled by the Pension Protection Act of 2006, before which no other plan other than a 401k was allowed to be converted to a Roth IRA. In this article, we will explore how you can convert your corporate retirement plan to a Roth and what rules/provisions you must follow in order to successfully do this.

But before we do that, lets look at how this change was brought about. The Pension Protection Act of 2006 (PPA) amended the rules of how corporate retirement plans could be converted to Roth IRAs. Prior to the PPA of 2006, a Roth IRA could only accept rollover contributions from another Roth IRA (also known as qualified rollover contributions). This provision created a 2 step process for investors who wished to convert their corporate retirement plans to Roth IRAs. First, investors had to roll over their funds to a Traditional IRA and then make a qualified conversion to a Roth IRA. The Pension Protection Act of 2006 amended this rule by allowing other eligible retirement plans (such as corporate retirement plans) to be included in the definition of 'qualified rollover contributions.' This eliminated the need for investors to rollover their corporate retirement plans to a Traditional IRA, then make a conversion to a Roth IRA. Investors can now make a direct conversion from corporate retirement plans to a Roth IRA.

IRS Notice 2008-30

On March 5th, 2008, the IRS released Notice 2008-30 defining the provisions for converting corporate retirement plans into Roth IRAs. Here are the provisions.

i) Corporate retirement plans (401ks, 403bs or 457 plans) can now be converted directly to a Roth IRA.

ii) Modified Adjusted Gross Income (MAGI) cannot exceed $100,000 whether you are filing a joint or single tax return.

iii) You cannot be married but filing separate returns for the 2008 - 2009 tax year. This provision will be completely withdrawn starting 2010.

iv) Any amounts that are converted to a Roth IRA that would otherwise be taxable must be included in income in the year of the conversion

v) If the investor has after-tax contributions in his Non Roth account, the conversion to a Roth IRA will not be subject to the pro-rata rule. The pro-rata rule is when investors have to pay taxes on any pre-tax contributions (contributions that are made before taxes are deducted). Since tax has already been paid on the Non Roth contributions, any conversions or rollovers to a Roth IRA will not be subject to taxes.

vi) Direct rollovers from Non Roth accounts to a Roth IRA are NOT subject to a 20% withholding tax; however 60 day rollovers are.

Does it Make Sense to Rollover to a Roth IRA?

It makes sense to rollover your corporate 401k account to a Roth IRA if you plan not to take any distributions for many years, or not at all. This is an important point to remember because if you do rollover to a Roth IRA and take out a distribution, you will be hit with a 10% early withdrawal penalty as well as owe taxes if you're under 59 and 1/2 years of age or are within the first 5 years of your conversion.

Convert Inherited Retirement Plan Assets?

One important change the Pension Protection Act of 2006 brought about was that it now allows non-spouse participants (singles) who have inherited retirement plan assets from either a 401k, 403b or other retirement plans to convert to an inherited Roth IRA. This is unique and very confusing because beneficiaries cannot convert their inherited IRA assets into Roths, they can however convert other inherited retirement assets into a Roth. Here are a couple of important points to remember about this:

i) To convert retirement plan assets other than an IRA to a Roth, a non-spouse beneficiary must do a direct transfer of funds. A direct transfer means the funds are transferred directly from the administrator of your old retirement plan account to the manager of your Roth IRA, you do not get to enjoy the money in the process.

ii) If the non-spouse beneficiary receives a distribution in a 60 day rollover, he/she will NOT be able to roll those funds into a Roth IRA, Traditional IRA or an inherited IRA. What's worse, the beneficiary will owe taxes on the distributed amount.

iii) Be sure to verify that your corporate retirement plan allows non-spouse beneficiary rollovers to inherited Roth IRAs.

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401k Plans for a Small Business Owner

(April 21st, 2008)

Small business 401kContributing to a 401k plan has become ever more easier for small business owners as a result of new legislation brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The EGTRRA has made 401k plans more flexible, easy and beneficial for a small business owner. First, a small business 401k is also known by its other names; Individual(K), Solo 401k, or Self Employed 401(k). Another common misrepresentation of small business 401k plans is that only sole proprietors can open them. This is incorrect; infact partnerships & corporations can also opt for a small business 401k provided they are owned by eligible plan participants.

Eligibility

Small Business 401k plans can be set up by businesses whose only eligible employees to participate in 401k plans are the small business owners themselves. For eligibility purposes, a spouse is also considered a small business owner and if employed by your business, is also eligible to participate in a small business 401k.

If your business has non-owner employees (employees who do not have any interest or shares in the business), then your small business is NOT eligible to participate in a small business 401k. What's more, if you have employees other than you and your spouse, you can still set up a small business 401k plan provided your employees are not eligible to participate in the plan. How do you know if your employees are not eligible to participate in your small business 401k? By the eligibility requirements selected for the plan. Here they are:

Age: You can choose to exclude employees who are under 21 years of age.

Years of Service: You can require an employee to perform atleast 1 year of work service before he/she becomes eligible to make salary deferral 401k contributions. You could also require your employees to perform atleast 2 years of service* before being eligible to participate in profit-sharing contributions.

* For eligibility purposes, an employee has done 1 year of service if he/she has worked atleast 1000 hours during the year. Most small business 401k plans set the 1000 hours as the minimum required work service before employees become eligible to contribute to Small Business 401k plans.

Be Careful When Making the Elections

When choosing the eligibility requirements of your small business 401k, be especially careful not to exclude yourself from the plan. For example if you set an age eligibility requirement of 25 years while you are only 22, you are excluding yourself from your business plan. Also, if you set the minimum required work term as 0 years, you could make your part time employees (employees who work less than 1000 hours a year) eligible for your small business 401k and remember, if these employees become eligible for your small business 401k, your plan becomes void!

Small Business 401k Contributions

There are 2 types of contributions for small business 401k's. They are salary deferral and profit-sharing contributions.

i) Salary-Deferral: Salary Deferral contributions can be up to 100% of your compensation income; no more than the salary-deferral limit for the year (which is $15,000 for 2006 and $15,500 for 2007).

ii) Profit-Sharing: Your business may contribute up to 25% of your business net income (20% of your modified net profit for unincorporated businesses; with a limit of $44,000 for 2006 and $45,000 for 2007.

Combined salary-deferral & profit-sharing contributions cannot exceed $44,000 for 2006 and $45,000 for 2007. Also, if you reach 50 by year-end, you can contribute an additional $5000 for 2005 and 2006.

Comparison with Other Small Business 401k Plans

In comparison with other small business 401k plans, this SBO 401k has very high contribution limits which is why so many small business owners are attracted to it. Here is a comparison of contributions limits for various types of small business 401k plans.

Type Salary Deferral Contribution Limit Maximum Employer Matched Contribution Catch Up Contributions
Small Business 401k $15,000 for 2006 and $15,500 for 2007 25% of Compensation or 20% of net profit for unincorporated businesses $5000 for 2006/2007
SEP IRA Not permitted 25% of Compensation or 20% of net profit for unincorporated businesses Not permitted
Profit Sharing Not permitted 25% of Compensation or 20% of net profit for unincorporated businesses Not permitted
Simple IRA $10,000 for 2006 and $10,500 for 2007 3% of compensation $2500 for 2006/2007

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8 Reasons to Never Borrow from Your 401k Retirement Plan

(March 4th, 2008)

According to a study conducted by the Employee Benefit Research Institute in 2005, 20% of all 401k investors who were eligible for borrowing from their 401k plans (taking out 401k loans) did so. The average loan option exercised in 2004 was $6,946 which is about 1/2 of the average debt of households in America (excluding mortgage debt). The $6946 figure represents the following percentages of peoples' total retirement savings.

Age % of Total Savings
20s 25%
30s 20%
40s 22%
50s 11%
60s 9%

As you can note from above, as the person gets older, he has more retirement savings and tends to borrow less from his/her 401k plan. However, people in their 40s borrow about 2% more than people in their 30s, anyone have a logical explanation for this? Post your comments below if you do! And while it is good that as the person gets older, he tends to borrow less, it is not advisable to borrow from your 401k at all! We will go over 8 major reasons why you should never borrow from your 401k.

Some financial advisors might tell you that borrowing from your 401k is better than using your credit cards or taking out a commercial loan with higher interest rates. They also say that when you repay your 401k loans, you will be repaying interest to yourself, and not some bank. While this is partially true, in the long term, you would be way better off accumulating your savings and gaining compound interest, rather than reducing your principal amount by borrowing money from it.

1) Your Savings Growth is Reduced

If you take out a 401k loan, most plans have a provision that you cannot make any more contributions until a certain percentage of the loan is paid back. Some plans may even have a provision that states that 100% of the loan amount must be repaid! Added to that, even if your plan does not have a repayment provision, you may not be able to afford to keep up with your 401k loan payments and make additional 401k contributions (that you were supposed to make every month anyways). This significantly reduces your ability to grow your 401k savings. The whole point of 401k plans is to save for your retirement, by withdrawing any amount of money from it, you are really defeating the purpose of the plan!

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What is a 401k Rollover? - 20% Withholding Tax, IRA Rollovers, Divorce Proceedings

(March 3rd, 2008)

There are high chances that you will rollover your 401k retirement plan atleast once in your lifetime, if not multiple times. A 401k rollover is usually done when an employee leaves his current employer and moves to another company. The administration of the employee's 401k account will be moved from old employer to new employer. A 401k rollover can also be done when a participant is eligible to rollover his current traditional IRA into a Roth IRA or Roth 401k. We will explain how to do these 401k rollovers right in this next section.

Changing Employers & Avoiding the 20% Withholding Tax

If you are leaving your existing job, that would be a great time to rollover your traditional 401k plan into an IRA. This option is even better than rolling over to your new employer's 401k plan. Why? Because your investment options are unlimited. In a 401k plan, your investment is limited to the mutual funds & stocks that your employer invests in. However when you rollover into your own IRA, you can invest in stocks, bonds, commodities & other higher yielding assets.

When you leave your current employer, they will send you a check for your fully vested 401k retirement savings that you have accumulated. This is treated as a cash out transaction and your employer will be required to withhold a 20% tax amount, leaving you with only 80% of your cash. This is NOT what you want to do! Furthermore, you will be required to pay a 10% early withdrawal penalty if you are under the age of 55 and withdraw your 401k retirement savings as cash.

To avoid this cash out transaction, you must arrange for a Direct 401k rollover. Also known as a trustee to trustee 401k rollover, this rollover will instruct your old employer to make out a check in the name of your new 401k plan manager or "custodian" as they call it. This way, you will not be getting any cash. Your 401k funds will be sent to your new 401k custodian. Ask your new 401k custodian exactly how they want to receive this payment. Usually it will be like "Investment Banking Corporation, for the benefit of Peter James..."

The next step after this will be to inform your former employer's retirement plan admin that you are making a direct rollover of your funds to your new account. The admin will ask how you want this check to be styled & printed. As soon as you receive the check, you should deposit it into your new IRA. There is a 60 day limit within which you must deposit this check to your new IRA or 401k, otherwise you will be charged tax on it, as well as a 10% early withdrawal penalty.

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A Close Look at 401k Retirement Plan - How It Works, Contributions, Withdrawals, Advantages/Disadvantages

(January 26th, 2008)

What is a 401k Retirement Plan?

401k plan is a tax-deferred retirement savings plan that most large corporations and organizations have set up for their employees to help them save for their retirement. 401k plans originate from a family of defined contribution plans where both the employer and the employee pay a percentage of their pay to a savings plan. For example, if the employee saves 10% of his monthly gross income to a 401k savings plan, the employer might match this with a 5% contribution. Since both of these are "defined and fixed", they are known as "defined contribution plans." 401k derives its name from the Internal Revenue Code - section 401, paragraph (K).

How Do 401k Plans Work?

After 3-6 months of working for your current employer, you might be asked to join a company sponsored or administered 401k retirement plan. This plan works by you having to contribute a certain amount of money from your monthly pay before tax is deducted (your gross income). This amount is deducted even before you get paid, so there's an obvious advantage to it; you can never skip a savings contribution! On top of your contribution, your employer will "match your contributions" by a certain percentage. Most organizations match by 5-10%. The total contributions by you and your employer are then administered by a 401k plan administrator who invests this money in to mutual funds, stocks, bonds and other investments. It is up to you where you want to invest your money in. Your 401k plan administrator will give you a list of all investment vehicles available and their associated risk levels; you can clarify the risk taking level you are willing to take.
Note: Since a 401k plan is meant for you to save for your retirement, any withdrawals you make before the age of 59 and 1/2 are subject to a 10% early withdrawal penalty as well as tax payable on the withdrawn amount.

Advantages of Contributing Towards a 401k Plan

i) Your contributions are tax free from Federal & State taxes
ii) Your employer will match your contributions by a certain percentage, usually 5-10%, which is ofcourse extra money for you.
iii) Your employer also receives tax breaks by contributing towards your 401k
iv) A qualified 401k administrator invests your money wisely and in investment vehicles selected by you; thus your money is in good hands!
v) Any capital gains made on your 401k investments are also tax-deferred
vi) 401k loans and hardship withdrawals can be taken from your 401k plan under certain guidelines and regulations
vii) You will never miss a savings contribution because money is deducted from your pay before you even receive it!

How Much Money can you Contribute to a 401k Plan?

Contributions to a 401k plan can range from 1% - 20% of your annual salary. Annual 401k contribution limits are set by the Internal Revenue Service (IRS). For example, the maximum limit for 2007 contributions was $15,500.

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Understanding the Roth IRA Retirement Plan - Introduction, Contribution Limits, Advantages/Disadvantages

(January 25th, 2008)

Studies indicate that many people do not save for retirement because they do not understand all the 401k gibberish. First there's the traditional 401k, then there's the Roth 401k, annuities, ROTH IRA, Individual Retirement Accounts (IRAs) and your savings account at your local bank. Out of all these options, the Roth IRA has come out to be the best and the most popular option. Why? Because its tax-free growth and flexibility of making withdrawals cannot be competed against! Studiessuggest that compared to traditional 401k or 403b plans, a retiree who saves in a Roth IRA will have more savings upon retirement. Total Roth IRA assets in the United States totalled $178 billion as of December 2006 (Source: Investment Company Institute).

The Roth IRA was introduced under the Taxpayer Relief Act of 1997, pioneered by the late Senator William V. Roth, Jr. Under a Roth IRA, an individual can invest in all types of investment vehicles including common stocks, mutual funds, futures & options, certificates of deposit, as well as real estate. The main advantage of Roth IRA is its tax structure. Contributions to a Roth IRA are made only from earned income that has been taxed by the Federal government. Since you already pay taxes before saving your money in a Roth IRA, you are not required to pay federal taxes when you make withdrawals from your Roth IRA. Also, any capital gains you make on your Roth IRA investments can be withdrawn tax-free!

Difference between Traditiona IRA and Roth IRA

In a traditional IRA, any contributions you make are tax-deductible and any withdrawals you make will be taxed by the federal government. This works inversely with a Roth IRA where any contributions you make is not tax-deductible (because you have already paid taxes on this), and any withdrawals you make will NOT be taxed by the federal government.

Roth IRA Contribution Limits

  49 Years or Less 50 Years and Above
1998 - 2001 $2000 $2000
2002 - 2004 $3000 $3500
2005 $4000 $4500
2006 - 2007 $4000 $5000
2008 $5000 $6000
2009 $5500* $6500*

Starting 2009, Roth IRA contribution limits will increase by $500 per year to adjust for inflation.

Advantages of Roth IRA

i) Roth IRA owners can withdraw up to the total value of their contributions at any point in time, without having to pay the 10% early withdrawal penalty or any federal income taxes.

ii) Upto $10,000 can be withdrawn without any penalty if the owner wishes to purchase a home or principal residence. The home must be purchased by either the Roth IRA owner, his spouse, ancestors or descendants. Also, the Roth IRA owner must not have previously owned a home for atleast 24 months....

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Understand 401k Hardship Withdrawals

(January 25th, 2008)

The Internal Revenue Service (IRS) allows 401k investors to take out 401k hardship withdrawals in the form of loans only if these 6 criteria are met:

i) the withdrawal is due to an immediate and important financial need
ii) the withdrawal must be necessary to satisfy that need
iii) You have no other way to fulfill that need or no other sources of money
iv) the withdrawal should not exceed the total amount needed by you
v) You cannot contribute to your 401k plan for up to 6 months after your withdrawal date
vi) You must have first received all non-taxable distributions or loans available under your 401k

401k Hardship withdrawals are permitted by some large companies, but due to the high costs of administering them, they may not be readily available in smaller companies. Check with your Human Resources department to see if 401k hardship withdrawals are permitted in your 401k program.

The following are reasons acceptable by the IRS for a hardship withdrawal

i) Repairs of primary residences
ii) Funeral expenses
iii) Payments necessary to prevent you from being forced out of your home
iv) Home foreclosures
v) Payments of college tuition & other educational costs such as room & board, transportation, food, etc.
vi) Purchase of principal residence
vii) Unexpected or un-reimbursed medical expenses

401k hardship withdrawals are subject to a 10% early withdrawal penalty as well as income taxes due. For example if you withdraw $10,000 as hardship withdrawal, you will owe $1000 in penalty, as well as be taxed on the $9000. There are some hardship withdrawals however that are not subject to the 10% penalty, they are:

i) You stop working, get laid off, quit or retire in the year you turn 55 or after
ii) Court orders you to give money to a divorced spouse or dependent
iii) Unexpected medical debts that exceed 7.5% of your Adjusted Gross Income
iv) Permanent disabilities
v) You stop working and begin taking regular payments based on a schedule that will make equal payments for the rest of your expected life; this must last for 5 years or until you turn 59 and 1/2, whichever is longer.

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Introducing Simple 401k Retirement Plans - Advantages/Disadvantages, Eligibility, Deadlines

(January 25th, 2008)

A Simple 401k plan is less well known than its counterparts Simple IRA and a traditional 401k but actually combines the best of benefits provided by both plans into 1 single plan, the Simple 401k. In this article, we explore some of the features provided by Simple 401k plans and advantages/disadvantages.

Advantages of Simple 401k Plans

i) No Testing - Traditional 401k plans require intensive testing to make sure the plan works in compliance with regulatory requirements set out by law. Such testing must be done by 401k professionals and can be very costly. On the other hand, Simple 401k plans do not require such testing and can be very appealing to small business owners who do not have the capital to expense to all the heavy testing that traditional 401k plans require.

ii) Borrow Loans - Simple 401k plans make it easier to borrow loans from one's 401k and pay it back in the form of principal and interest payments.

Disadvantages of Simple 401k

i) Immediate Vesting - With traditional 401k plans, new employees may be required to work a minimum # of years or months before they can make contributions to the company's 401k plan. This can work in the form of a contribution vesting schedule. With Simple 401k, contributions are vested 100% immediately. This means employees who meet the eligibility of taking distributions from their retirement accounts may do so at any time, even if it means withdrawing their entire savings account.

ii) Lower Contribution Limits - The contribution limits for Simple 401k plans are lower than those of traditional 401k plans. Here's a comparison of salary deferral limits for both plans.

Year Simple Deferral Limit Traditional 401k Deferral Limit
2002 $7000 $11,000
2003 $8000 $12,000
2004 $9000 $13,000
2005 $10,000 $14,000
2006 $10,000 $15,500
2007 $10,500 $15,500

iii) Limited Employer Matched Contributions - Employer matched contributions are limited to 3% of the employee's compensation while this is up to 25% for traditional 401k plans.

iv) One Plan Limitation - An employer who participates in a Simple 401k plan cannot maintain any other retirement program for any of its employees that are eligible for Simple 401k contributions. On the other hand, an employer who maintains a 401k retirement program for its employees may also administer and have other defined-contribution plans, SEP IRAs, profit sharing and Roth IRA plans.

Eligibility for Participation

i) Every employer who is eligible to run a traditional 401k program for its employees is also eligible to administer Simple 401k. Examples include sole proprietors, partnerships and corporations. However, Simple 401k plans are limited to employers who have a maximum of 100 employees, each receiving compensation in excess of $5000 annual.

ii) Employees who have worked for their current employers for at least 1 year and who are 21 years or older must be allowed to participate in the Simple 401k plan.

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Simple IRA versus Simple 401k Plans - Eligibility, Contribution Limits, Further Readings

(January 27th, 2008)

While there are many similarities between simple IRAs and Simple 401k plans, there are many differences as well. In this article, we compare and contract between Simple IRAs and Simple 401k plans.

Eligibility

i) Employers - For both the Simple 401k and Simple IRA plans, employers must have a maximum of 100 employees or less who receive at least $5000 in annual compensation. Also, employers cannot maintain any other retirement plan for their employees who are eligible for the Simple 401k other than the Simple 401k. The employers can however run another retirement plan for employees who do not qualify for making contributions into the Simple 401k.

By contrast, an employer who runs a Simple IRA for his employees is not permitted to run any other retirement program no matter what. Therefore if an employee does not qualify for making contributions to a Simple IRA while his employer only administers a Simple IRA, then too bad for that employee!

ii) Employees - Employees are normally required to perform at least 1 year of service before they are eligible to participate in an employer's Simple 401k plan. They must also be at least 21 years of age. By contrast, there is no age requirement for Simple IRA and no minimum 1 year service. Any employee who has earned at least $5000 in annual compensation in the last 2 years, and is reasonably expected to earn $5000 annual compensation this year is permitted to contribute to a Simple IRA plan.

The deadline to establish a Simple 401k or a Simple IRA is January 1st to October 1st of any given year. If a new business or corporation is formed after October 1st, then they are permitted to set up a Simple 401k or a Simple IRA. This deadline allows employees to make salary deferral contributions before the year end.

Also, because a Simple IRA is part of Individual Retirement Accounts, no loans are allowed to be withdrawn. By contrast, a hardship withdrawal or loan is permitted under the Simple 401k. Go here to learn more about 401k hardship withdrawals. Also, all contributions to a Simple 401k or a Simple IRA are 100% immediately vested.

Making Contributions to Simple 401k or Simple IRA

Employees are eligible to make salary deferral contributions to these retirement plans while employers can make matching contributions. For matching contributions, employers can make contributions of up to 3% of the employee's total annual compensation. Here are the deferral limits for both the Simple 401k and Simple IRA programs:

Year Salary Deferral Contribution Limits

Year Salary Deferral Contribution Limits
2002 $7000
2003 $8000
2004 $9000
2005 $10,000
2006 $10,000
2007 $10,500

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Understanding the Roth 401k - Introduction, New Rules, Comparisons with Traditional 401k

(January 28th, 2008)

Introduced in January 2006 under a provision of the Economic Growth and Tax Relief Reconciliation Act of 2001, the Roth 401k is different from the traditional 401k plan because contributions are made after-tax (meaning after tax has been deducted off your pay). The Roth 401k is very similar to the Roth IRA; investors receive no tax deduction on annual contributions, but any withdrawals or proceeds will not be subject to tax either. Investors who own 403b plans are also eligible to contribute to Roth 401k. The government was more than happy to introduce this new piece of legislation because it means investors will pay more tax now, rather than making salary deferral contributions as in the case of traditional 401k plans.

The Roth 401k works inversely with a traditional IRA. With a traditional IRA, an investor receives current tax deduction after making contributions. Instead of this money going to the IRS now, it will stay with the investor and he can invest it in stocks/bonds/mutual funds or real estate. Over time, this money will grow tax-deferred. The government likes this idea too because say after 30 years of investing in various stocks/commodities/real estate, an investor has grown his money from $50,000 to $200,000. If he withdraws this money from his IRA, he will have to pay taxes not on the initial $50,000 but on the whole $200,000!

The Roth 401k works inverse with the above idea. The money you earn this year is taxed this year. You make contributions to a Roth 401k from your after-tax earnings. When you reach the age of 59.5 or more, you are eligible to make withdrawals that are not taxable (because they have already been taxed). The prospect of receiving tax-free money upon retirement is an idea liked by many investors. The idea of receiving tax dollars now is very much liked by the government such that some senators have proposed getting rid of traditional 401k plans or IRAs.

Roth 401k Works Best if:

- The federal government increases taxes over time
- You are a high income earner who has a compensation cap on Roth IRAs (maximum compensation cap of $225,000 in 2007)
- The mutual funds or stocks where you put your Roth 401k capital experience significant returns
- You are a young investor and need more time for your account to grow across various investments such as mutual funds, stocks, commodities, etc.
- You are in a lower tax bracket now and will be in a higher tax bracket upon retirement

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Tax Treatment of Roth IRA Distributions

(January 30th, 2008)

The Roth IRA was created by the Taxpayer Relief Act of 1997, pioneered by the late Senator William V. Roth, Jr. and was made effective on January 1st, 1998. Before 1998, investors who wanted to contribute towards an IRA would either make a deductible or non-deductible contribution to a Traditional IRA. Distributions taken from a traditional IRA were taxed as normal income, and early withdrawals before the age of 59 and a 1/2 were subject to a 10% early withdrawal penalty. The Roth IRA allows investors to take tax-free qualified distributions from their Roth IRAs without having to pay the 10% penalty. Here's how it works.

Qualified Roth IRA Distributions?

Non-qualified Roth IRA distributions will be subject to normal income tax and a 10% early withdrawal penalty. A qualified distribution on the other hand must meet these criteria:

i) The distribution occurs at least 5 years after the investor established and funded his Roth IRA account. For this purpose, the five year period begins with the first day of the year for which the first contribution was made. For example, if the contribution was made on April 14th, 200, the 5 year period begins January 1st, 2000.

ii) The distribution must be taken under one of the following circumstances:

- the Roth IRA investor must be 59 and 1/2 years or older at the time of the distribution
- the Roth IRA investor becomes disabled at the time of taking the distributions
- the Roth IRA investor dies and his/her beneficiary receives the assets contained in the plan
- the distributions taken from the Roth IRA will be used in the purchase or building of a new home for the Roth IRA holder or qualified family member. This is limited to $10,000 per person per lifetime. Qualified family members include:
- the Roth IRA investor
- the Roth IRA investor's spouse
- children of the Roth IRA investor
- grandchildren of the Roth IRA investor
- parent or ancestor of the Roth IRA investor

Taxing the Non Qualified Roth IRA Distributions

How non-qualified Roth IRA distributions are taxed depends on the source of the Roth IRA's assets. There are 4 possible sources of Roth IRA assets:

- Normal contributions by the investor
- Earnings received on all contributions made by the Roth IRA investor
- Roth conversion of taxable traditional IRA assets
- Roth conversion of nontaxable traditional IRA assets

The IRS uses the source of the Roth IRA's assets to determine 'ordering rules' of how assets will be distributed from the Roth IRA account. They are distributed in the following order:

1. Normal Roth IRA contributions by the holder
2. Taxable traditional IRA conversions
3. Non-taxable traditional IRA conversions
4. Capital gains and earnings made on all Roth IRA assets

Important Fine Print

i) Distributions of Roth IRA assets from normal participant contributions and from non-taxable conversions of traditional IRA assets can be taken anytime, tax free, if the 2 above criteria are met.

ii) Non qualified distributions of taxable traditional IRA conversion assets are subject to 10% early withdrawal penalties.

iii) Non qualified distribution of capital gains & earnings on normal contributions may be subject to income tax and 10% penalty.

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Tax Deductions and Credits on IRA (Individual Retirement Account) Contributions

(February 2nd, 2008)

The important benefits of contributing towards an IRA are the tax deductions against annual income, tax-free growth of earnings and the non-refundable tax credits. You want to maximize the returns you get from contributing to your IRA, therefore it is essential to know the rules & limits placed behind these priviledges we just mentioned.

i) IRA Tax Deductions

In a traditional IRA, any contributions you make are tax-deductible and any withdrawals you make will be taxed by the federal government upon withdrawal. However, if you contribute to an SEP IRA, Simple IRA or a Qualified IRA plan, you are considered an 'active participant' and the deductibility of your contributions is determined by your modified adjusted gross income (MAGI). The deductibility of your contributions is also determined by your tax-filing status; whether you are 'married filing separately', 'married filing jointly' or 'single.'

If your Traditional IRA contributions are not tax-deductible, you can still contribute towards a traditional IRA. Alternatively, you can contribute towards a Roth IRA, here are the modified adjusted gross income (MAGI) limits.

Tax Filing Status Modified Adjusted Gross Income (MAGI) Roth IRA Contribution Limits
Single $101,000 or less $5000 + Catch Up Contribution ($1000)
  Between $101,000 and $116,000 Partial Contribution
More than $116,000 No Roth IRA Contribution allowed
Married filing joint $159,000 or less $5000 + Catch Up Contribution ($1000)
  Between $159,000 and $169,000 Partial Contribution
More than $169,000 No Roth IRA Contribution allowed
Married filing Separately Between $1 and $10,000 Partial Contribution
  More than $10,000 No Roth IRA Contribution allowed

Note: If your income falls in between the ranges that allow only 'partial contributions', you can use a special formula to determine that partial contribution.

Tip: If you are married but have lived away from your spouse for the entire tax year, you are not considered as 'married' for tax filing purposes. Your Roth IRA MAGI limits will be based on single limitations.

Note: If you make a non-deductible contribution to your traditional IRA, make sure you fill out IRS Form 8606. This form will help you and the IRS keep track of non-taxable balances in your Traditional IRA, should you make any withdrawals upon retirement. Download IRS form 8606 @ www.irs.gov

Split Your Contributions

Splitting your contributions between a traditional IRA and a Roth IRA can be beneficial in some cases. These cases are if:

i) You are eligible only for partial contributions to a traditional IRA. Instead of contributing the non-tax deductible amount to the traditional IRA (and grow it tax-deferred), contribute it to a Roth IRA where it grows tax-free.

ii) You are eligible only for partial contribution to a Roth IRA. To maximize your contributions for the year, contribute the remaining difference to a traditional IRA.

Note: Your combined contributions to a Roth IRA and a traditional IRA should NOT exceed stated IRA contribution limits of $5000 for the year 2008.

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401k Articles

> Close Look at 401k Plans - How It Works, Contributions & Distributions

> Understand the Roth IRA Retirement Plan - Introduction, Contribution Limits, Advantages & Disadvantages

> Understand 401k Hardship Withdrawals

> Introducing Simple 401k Retirement Plans - Advantages and Disadvantages, Eligibility, Deadlines

> Simple IRA versus Simple 401k Plans - Eligibility, Contribution Limits, Further Readings

> Understanding the Roth 401k - Introduction, New Rules, Comparisons with Traditional 401k

> Tax Treatment of Roth IRA Distributions

> Tax Deductions and Credits on IRA (Individual Retirement Account) Contributions

401k Interesting Facts

-> Roth 401k is voluntary for employers. In order to offer Roth 401k for their employees, employers have to set up a tracking system that segregates Roth assets from the company's existing plan. This tracking system is expensive to build and maintain, and employers may not choose to do it at all. If so, your employer will not be eligible to offer Roth 401k.

-> Upto $10,000 can be withdrawn from a Roth IRA without any penalty if the owner wishes to purchase a home or principal residence. The home must be purchased by either the Roth IRA owner, his spouse, ancestors or descendants. Also, the Roth IRA owner must not have previously owned a home for atleast 24 months.

-> Roth 401k Works Best if:

- The federal government increases taxes over time
- You are a high income earner who has a compensation cap on Roth IRAs (maximum compensation cap of $225,000 in 2007)
- The mutual funds or stocks where you put your Roth 401k capital experience significant returns
- You are a young investor and need more time for your account to grow across various investments such as mutual funds, stocks, commodities, etc.
- You are in a lower tax bracket now and will be in a higher tax bracket upon retirement.

401k Contribution Limits

2005 $14,000 $18,000
2006 $15,000 $20,000
2007 $15,000 $20,500
2008 $15,500 $20,500

Roth IRA Contribution Limits

2002 $3000 $3500
2003 $3000 $3500
2004 $3000 $3500
2005 $4000 $4500
2006 $4000 $5000
2007 $4000 $5000
2008 $5000 $6000

Simple 401k / IRA Contribution Limits

Year
Annual Contribution Limits
2002 $7000
2003 $8000
2004 $9000
2005 $10,000
2006 $10,000
2007 $10,500
2008 $11,000

Other Information

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-> Contact 401kLookup.com