 Evaluate Relevant Factors Before Converting |
For many taxpayers, the opportunity to make a Roth IRA conversion is finally here. Beginning in 2010, you can convert a traditional IRA to a Roth, regardless of your income. Prior to 2010, such a conversion was allowed only in a year in which your modified adjusted gross income (MAGI) didn't exceed $100,000.
The elimination of the $100,000 dollar cap was actually part of the Tax Increase and Prevention Reconciliation Act, which was enacted in 2006, so we waited four years for this opportunity to kick in.
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Direct 401(k)-to-Roth Rollovers
Years ago, if you wanted to convert assets in a 401(k) plan to a Roth, you had to make two moves. First, you had to roll over the 401(k) assets to a traditional IRA. Then, you had to convert the IRA to a Roth. But the Pension Protection Act of 2006 authorized direct rollovers from qualified plans, such as 401(k)s, to Roth IRAs. Now that the $100,000 dollar cap has been removed, you might take advantage of the 401(k) change. The IRS issued guidance in Notice 2009-75 on this technique. Here are a few key points:
- If you roll over assets from a designated Roth-401(k), the amount rolled over isn't taxable, regardless of whether it constitutes a qualified distribution or not.
- Other transfers are subject to tax. The taxable amount is equal to the amount transferred to the Roth reduced by any after-tax contributions.
- Special rules apply to net unrealized appreciation of company stock in a plan account. A plan participant generally does not owe tax on this appreciation when it is distributed. The IRS Notice clarifies that tax on net unrealized appreciation can't be avoided in a direct rollover to a Roth IRA.
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"Anyone may arrange his affairs so that his taxes shall be as low as possible ... nobody owes any public duty to pay more than the law demands."
-- U.S. Court of Appeals Judge Learned Hand (1872-1961) |
Deal Sweetener: For federal tax purposes, with a 2010 conversion, you can choose to spread the resulting taxable income evenly over 2011 and 2012 and thereby defer the related taxes.
But converting to a Roth isn't always a slam-dunk decision. There are a number of important variables to take into account.
Let's start with the main advantages of converting a traditional IRA, including a SEP or SIMPLE IRA, into a Roth IRA.
Here are a few factors to evaluate when considering a conversion:
- Even if you can defer the tax owed on a conversion, you should pay for it out-of-pocket. Of course, this could siphon off funds needed for other purposes. But if you're forced to use assets in a traditional IRA for the tax payments, it dilutes the overall benefit.
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The extra taxable income triggered by a conversion is added to your salary, self-employment earnings, investment income, and so forth. So if you convert a large-balance IRA, it could bump you into a higher tax bracket and make you ineligible for some tax breaks, such as the child and education tax credits and passive loss deductions from investment real estate.
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If you begin taking funds out of a Roth IRA before you reach age 59 1/2, and the withdrawals are not covered by one of the qualified exceptions, you will generally have to pay a 10 percent early withdrawal penalty.
- Don't forget to include state income taxes in the calculation.
- Other factors can play a major role in your decision. These include the investment return on assets, your projected life expectancy (and the life expectancies of your heirs), your current tax rate, the likelihood of increasing tax rates and the value of the assets being converted.
Be aware that a conversion doesn't have to be an all-or-nothing proposition. You can convert as much or as little as you like. Frequently, a partial conversion may be the optimal approach.
Important: Although the income restriction for converting has been lifted for 2010, the income limits for annual Roth IRA contributions are still in place. For example, you can make a contribution for 2010 of up to $5,000 ($6,000 if you are age 50 on December 31, 2010). But once your MAGI exceeds $166,000 for married couples filing jointly ($105,000 for singles), the amount you can contribute goes down or "phases out." You are no longer eligible to contribute to a 2010 Roth if your MAGI exceeds $176,000 for married couples ($120,000 for singles). So in 2010, you might be able to convert a traditional IRA to a Roth if your income is $200,000 or more, but you won't be able to make an annual contribution to one.
Finally: There's no substitute for expert advice. Although online conversion calculators are available, they may omit critical factors or base projections on unsubstantiated assumptions. Your tax adviser can help you make a sound decision using all the available data.