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Important IRA and Roth Changes Under the SECURE Act

by: P. Lewis Robinson, CPA | Managing Director, Senior Wealth Advisor                                                                                                                                              CapSouth Wealth Management, McDonough, GA Office                                                                                                                                                                                                1.8.2020

 

Congress has passed the year-end Spending Package that includes the SECURE Act that became effective January 1, 2020. President Trump signed the bill on Friday, December 20, 2019. With the passing of this bill there are major changes to the rules for IRAs and Roth IRAs. Although there were also changes in the 401(k) world, this article will focus only on the changes to IRAs and Roth IRAs.

 

The following is a summary of the major changes to IRAs and Roth IRAs:

 

  1. Due to people working longer, Congress has pushed out when required minimum distributions (RMDs) begin. For anyone who has not reached age 70.5 by the end of 2019, the new required beginning date will be 72 for RMDs. There is an exception to this rule if you are not a 5% owner in the company and continue to work; in this case you can push out your RMDs for your current employer’s retirement plan until the year after you retire.

 

  1. We have many clients who take advantage of Qualified Charitable Distributions from their IRAs at age 70 ½. This rule allows a taxpayer who is age 70 ½ years to make a distribution to a qualified charitable organization that will not be subject to income taxes. There has not been any change in this provision. At age 70 ½, a taxpayer can still make Qualified Charitable Donations. If you have a question as to how this could reduce your income taxes, call you financial advisor at CapSouth Wealth Management.

 

  1. Under the old rules, there was an age limitation to being able to make deductible Traditional IRA contributions. Under the new bill, there is no age limit for making IRA contributions as long as you or your spouse have earned income. If you are a participant in a company retirement plan, you may not be able to make an IRA contribution or may be subject to contribution limits. Discuss these limitations with your tax advisor.

 

  1. One of the more appealing Roth IRA rules is the lack of an age limit on contributions. While traditional IRA contributions were barred for individuals older than 70 ½ before January 1, 2020, you could and still can be any age and contribute to a Roth IRA if you or your spouse has earned income. However, there are limitations that you should be aware of. Discuss these limitations with your tax advisor.

 

  1. The new law allows taxable non-tuition fellowship and stipend payments to be treated as compensation to qualify for an IRA (or Roth IRA) contribution.

 

  1. What has been called the Stretch IRA has been limited. Under the old law, beneficiaries, other than a spouse, could take Inherited IRA distributions over their lifetime. Now, Inherited IRAs and Roth IRAs will have to be distributed to the beneficiaries, other than an eligible designated beneficiary (EDB), within 10 years beginning the year of the death of the account holder. In addition to the surviving spouse, there are four other categories of EDBs that are discussed in the next point.

 

  1. The following is a list of the eligible designated beneficiaries (EDB) that are entitled to a modified version of the life expectancy payout method:

 

  1. Minor child (but not grandchild) of the participant. The life expectancy payout applies to a “Child of the employee who has not reached majority.” Upon reaching the age of majority, the ten-year rule becomes effective.
    1. A child may be treated as not reaching the age of majority if the child has not completed a specified course of education and is under the age of 26.
    2. A child who is disabled within the meaning of the IRS regulations when the child reaches the age of majority may be treated as having not reached the age of majority so long as the child continues to be disabled.
  2. Disabled beneficiary. The life expectancy payout applies to a designated beneficiary who is disabled within the meaning of the IRS regulations. Upon their death, the 10-year payout rules become effective.
  3. Chronically ill individual. The life expectancy payout applies to a designated beneficiary who is chronically ill within meaning of the IRS regulations. Upon their death, the 10-year payout rules become effective.
  4. Less than 10 years younger beneficiary. The life expectancy payout applies to an individual who is not 10 years younger than the participant. Upon their death, the 10-year payout rules become effective.

 

  1. There will be tax planning opportunities for those who inherit IRAs. Unlike with the old rule, there is no required amount to be paid out each year of the 10 year pay out period. The beneficiaries could take larger distributions in years where the beneficiaries’ tax bracket is low or lesser amounts when their tax bracket is high.

 

 

 

  1. The effect of limiting the stretch of the IRAs and Roth IRAs is as follows:

 

  1. The income taxes payable by the beneficiaries would probably be higher since they can not spread the income taxes over a longer period.
  2. The deferral of the income taxes would be much shorter.
  3. Shorter period of tax-free growth of Roth IRAs.

 

  1. In my opinion, the change in the stretch IRA or Roth IRA makes life insurance a more tax efficient way to leave a legacy to your heirs.

 

  1. Every person who has named a trust as their IRA beneficiary will need to review those plans and likely look for alternative planning solutions.

 

  1. The new Act would likely cause problems for so-called “conduit” trusts. Conduit trusts have been used by IRA owners to ensure that the bulk of the inherited IRA is preserved for the beneficiary over the long haul. Any required minimum distributions (RMDs) that are distributed from the IRA to the conduit trust are then passed by the trust to the beneficiary and taxed in the year of distribution. The beneficiary may or may not have the ability to withdraw amounts in addition to the RMD.

 

  1. Under the new Act, the entire account would be distributed to the beneficiary. Going forward, IRA owners should consider using accumulation trusts instead. Accumulation trusts permit distributions from an IRA, including RMDs, to be preserved for the beneficiary inside the trust. So, although the new Act would require the entire IRA to be distributed to the trust within ten years, the assets could be held in trust for the beneficiary for as long as the terms of the trust dictate. However, an accumulation of trust would not prevent income tax from being assessed as distributions are made from the IRA to the trust.

 

  1. A major planning objective for the beneficiaries of trusts is to minimize the annual taxable income. The maximum Federal income tax rate of 37% applies to taxable income of the trust in excess of $12,951. The 37% bracket does not start for a couple until their taxable income is in excess of $622,050.

 

  1. Spouses still have the option to roll an Inherited IRA from their spouse into their own IRA or Roth IRA. They could treat the IRA or Roth IRA as an Inherited IRA or Roth IRA. In some cases, it could be an advantage for the spouse to elect to treat the IRA or Roth IRA as an Inherited IRA or Roth IRA.

 

  1. There is a new exception for the 10% penalty for distributions up to $5,000 for birth or adoption made before a taxpayer is age 59 ½ years of age. The distribution is subject to income taxes. The birth or adoption distribution amount can be repaid at any future time (re-contributed back to any retirement account).

 

  1. For parents and others with 529 education savings accounts, the legislation allows tax-free withdrawals from IRAs of as much as $10,000 for repayments of some student loans. The distributions for loan repayment amounts would be subject to income taxes.

 

The bottom line is that if you have retirement accounts, you should strongly consider working with a financial advisor who knows the new rules. CapSouth Wealth Management has been very pro-active with planning regarding IRAs and Roth IRAs. With this new law, there are even more planning opportunities.

 

CapSouth Partners, Inc., dba CapSouth Wealth Management, is an independent registered Investment Advisory firm. The information in this article has been provided by sources deemed to be reliable. However, CapSouth Wealth Management does not guarantee the accuracy or completeness of the information. This material has been prepared by P. Lewis Robinson, CPA for planning purposes only and is not intended as specific tax or legal advice. Tax and legal laws are often complex and frequently change. Please consult your tax or legal advisor to discuss your specific situation before making any decisions that may have tax or legal consequences.

Cash Flow Management

Cash Flow Management

Cash Flow Management

 

You’ve probably heard the saying that “cash is king,” and that truth applies whether you own a business or not. Most discussions of business and personal “financial planning” involve tomorrow’s goals, but those goals may not be realized without attention to cash flow, today.

 

Management of available cash flow is a key in any kind of financial strategy. Ignore it, and you may inadvertently sabotage your efforts to grow your company or even build personal wealth.

 

Cash flow statements (CFS) are important for any business. They can reveal so much to the owner(s) and/or CFO, because as they track inflows and outflows, they bring expenditures to light. They denote your sources and uses of cash, per month and per year. Income statements and P&L statements may provide inadequate clues about that, even though they help you forecast cash flow trends.

 

Cash flow statements can tell you what P&L statements won’t. Are you profitable, but cash poor? If your company is growing by leaps and bounds, that can happen. Are you personally taking too much cash out of the business? That may inadvertently transform your growth company into a lifestyle company. Are your receivables getting out of hand? Is inventory growth a concern? If you’ve arranged a loan, how much is your principal payment each month and to what degree is that eating up cash in your business? How much money are you spending on capital equipment?

 

A good CFS tracks your operating, investing, and financing activities. Hopefully, the sum of these activities results in a positive number at the bottom of the CFS. If not, the business may need to change.

 

In what ways can a small business improve cash flow management? There are some fairly simple ways to do it, and your CFS can typically identify the factors that may be sapping your cash flow. You may find that your suppliers or vendors are too costly; maybe you can negotiate (or even barter) with them. Like many companies, you may find your cash flow surges during some quarters or seasons of the year and wanes during others. Maybe you could take steps to improve it outside of the peak season or quarter.

 

What kind of recurring, predictable sales can your business generate? You might want to work on the art of continuity sales – turning your customers into something like subscribers to your services. Perhaps price points need adjusting. As for lingering receivables, swiftly preparing and delivering invoices tends to speed up cash collection. Another way to get clients to pay faster: offering a slight discount if they pay up, say, within a week (and/or a slight penalty to those who don’t). Before you go to work for a client or customer, think about asking for some cash up front (if you don’t do this already).

 

Relatively few small business owners look to home equity as a source of a business loan or a line of credit. Only 7%, in fact, according to the Federal Reserve. Meanwhile, only 6% explore a mortgage refinancing. But why are there so few? It could be that the repayment terms might be intimidating as well as the inherent risk of placing your home on the line. That said, it may be a suitable option for some seeking to start a small business.[i]

 

Be that as it may, there is a temptation for an owner of a new venture to get a high-limit business credit card. It might be better to shop for one with cash back possibilities or business rewards in mind. If your business somehow isn’t set up to receive credit card payments, think about how the potential for added cash flow could render the processing fees utterly trivial.1

 

How can a household better its cash flow? One quick way to do it is to lessen or reduce your fixed expenses, specifically loan and rent payments. Another step is to impose a ceiling on your variable expenses (ranging from food to entertainment), and you may also save some money in separating some or all those expenses from credit card use. Refinancing – if you can do it – and downsizing can certainly help. There are many free cash flow statement tools online where you can track family inflows and outflows. (Your outflows may include items like long-term service contracts and installment payment plans.) Selling things you don’t want could make you money in the short term; converting a hobby into an income source or business venture might help in the long term.

 

Better cash flow boosts your potential to reach your financial goals. A positive cash flow can contribute to investment, compounding, savings – all the good things that tend to happen when you pay yourself first.

 

To learn more about CapSouth Wealth Management and the services we provide, call our office at 800.929.1001 or visit our website at www.capsouthwm.com.

 

Investment advisory services are offered through CapSouth Partners, Inc., dba CapSouth Wealth Management, an independent registered Investment Advisory firm. Information provided by sources deemed to be reliable.  CapSouth does not guarantee the accuracy or completeness of the information.  This material has been prepared for planning purposes only and is not intended as specific tax or legal advice.  Tax and legal laws are often complex and frequently change.  Please consult your tax or legal advisor to discuss your specific situation before making any decisions that may have tax or legal consequences.

 

This article contains external links to third party content (content hosted on sites unaffiliated with CapSouth Partners). The policies and procedures governing these third-party sites may differ from those effective on the CapSouth company website, as outlined in these Disclaimers. As such, CapSouth makes no representations whatsoever regarding any third-party content/sites that may be accessible directly or indirectly from the CapSouth website. Linking to these third-party sites in no way implies an endorsement or affiliation of any kind between CapSouth and any third party, including legal authorization to use any trademark, trade name, logo, or copyrighted materials belonging to either entity.

[i] entrepreneur.com/article/336037

Protecting Against Identity Theft

 

The cost of data breaches increases. The latest annual study from Javelin Strategy & Research, a leading financial analytics research firm, says that 14.4 million people were impacted by I.D. theft in 2018. Roughly 3.3 million of them had to shoulder a financial loss or an out-of-pocket cost due to these crimes. Those losses and costs totaled $1.7 billion, more than double the amount from two years earlier.[i]

 

Retirees are often portrayed as the main victims of identity theft. By one measure, that is not true: Federal Trade Commission (FTC) statistics show that about three times as many consumers aged 30 to 49 have their identities stolen as consumers aged 60-89. The median financial loss from such crimes is higher for seniors, however.[ii]

 

The FTC says that credit card fraud increased annually over 2014-2018. While it is the most common kind of identity theft in every age group, it is not the only kind.2

 

Tax time is prime time for identity thieves. Thieves would love to get their hands on your 1040 form or state tax form, and they would also love to claim a phony refund using your personal information.

 

When e-filing your tax returns, make sure you use a secure Internet connection. When you e-file, you aren’t putting your Social Security number, address, and income information through the mail. You aren’t leaving a tax form on a kitchen table or desk while you go for a walk or get some coffee.

 

The IRS doesn’t use unsolicited emails to request information from taxpayers. If you get an email claiming to be from the IRS asking for your personal or financial information, report it to your email provider as spam.[iii]

 

Use secure Wi-Fi. Avoid “coffee housing” your personal information. In other words, never risk disclosing financial information over a public Wi-Fi network.

 

Sure, a public Wi-Fi network at an airport or coffee house is password protected – but if the password is posted on a wall or readily disclosed, how protected is it? A favorite hacker trick is to sit idly at a coffee house, library, or airport and set up a Wi-Fi hotspot with a name like the legitimate one. Inevitably, people will fall for the ruse, log on, and get hacked.

 

Look for the “https://” and the padlock icon when you visit a website. Not just “http://,” but “https://.” The “s” stands for “secure,” and the padlock icon in the address bar signifies that traffic to and from the site is private. For solid security when you browse, you could opt for a VPN (virtual private network) service, which encrypts your browsing traffic.[iv],[v]

 

Check your credit report. You are entitled to one free credit report per year from each of the big three agencies: Experian, TransUnion, and Equifax. Go to AnnualCreditReport.com (a website created by these three credit bureaus) as a first step to accessing yours.[vi]

 

Don’t talk to strangers. Broadly speaking, that is very good advice in this era of identity theft. If you get a call or email from someone you don’t recognize – it could tell you that you’ve won a prize; it could claim to be someone from the county clerk’s office, a pension fund, or a public utility – be skeptical. Financially, you could be doing yourself a great favor.

 

To learn more about CapSouth Wealth Management and the services we provide, call our office at 800.929.1001 or visit our website at www.capsouthwm.com.

 

Investment advisory services are offered through CapSouth Partners, Inc., dba CapSouth Wealth Management, an independent registered Investment Advisory firm. Information provided by sources deemed to be reliable.  CapSouth does not guarantee the accuracy or completeness of the information.  This material has been prepared for planning purposes only and is not intended as specific tax or legal advice.  Tax and legal laws are often complex and frequently change.  Please consult your tax or legal advisor to discuss your specific situation before making any decisions that may have tax or legal consequences.

 

This article contains external links to third party content (content hosted on sites unaffiliated with CapSouth Partners). The policies and procedures governing these third-party sites may differ from those effective on the CapSouth company website, as outlined in these Disclaimers. As such, CapSouth makes no representations whatsoever regarding any third-party content/sites that may be accessible directly or indirectly from the CapSouth website. Linking to these third-party sites in no way implies an endorsement or affiliation of any kind between CapSouth and any third party, including legal authorization to use any trademark, trade name, logo, or copyrighted materials belonging to either entity.

[i] https://www.iii.org/fact-statistic/facts-statistics-identity-theft-and-cybercrime

 

[ii] https://www.ftc.gov/system/files/documents/reports/consumer-sentinel-network-data-book-2018/consumer_sentinel_network_data_book_2018_0.pdf

 

[iii] https://www.irs.gov/newsroom/security-summit-warns-of-new-irs-impersonation-email-scam-reminds-taxpayers-the-irs-does-not-send-unsolicited-emails

 

[iv] https://www.uab.edu/it/home/about-uab-it/announcements/item/1035-lock-icon-in-url-isn-t-always-a-mark-of-safety

 

[v] https://www.forbes.com/sites/tjmccue/2019/07/11/best-vpn-services

 

[vi] https://www.transunion.com/annual-credit-report

 

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