Distributions from Your Retirement Account: The Top Ten List

by Mat Sorensen | Aug 13, 2018 | Uncategorized

I’m routinely asked questions about what taxes and rules apply when a distribution occurs from a retirement account. Here are the top ten rules you should know about distributions from retirement accounts:

The first 5 facts apply to Traditional IRA and 401(k) accounts

1. Early Withdrawal Penalty

A distribution from a traditional IRA or 401(k) before the account owner reaches 59 1/2 causes a 10% early withdrawal penalty on the amount distributed. This is in addition to taxes owed on the amount distributed. So, for example, if you take a $10,000 distribution from your traditional IRA at age 45 then you will be subject to a $1,000 penalty and you will also receive a 1099-R from your IRA custodian and will need to report $10,000 of income on your tax returns. Once you reach age 59 1/2, the 10% early withdrawal penalty does not apply.

2. Required Minimum Distributions

Whether you need the money or not, at age 70 1/2, the IRS requires a traditional IRA or 401(k) owner (unless still employed by employer 401(k)) to begin taking distributions from their retirement account. These distributions are subject to tax and the account owner will receive a 1099-R of the amount distributed that will be included on their tax return. The amount of the distribution is based on the person’s age and the account’s value. For example, someone with a $100K IRA who has turned 70 1/2 and is taking their first RMD would take $3,639 (3.79%).

3. Avoid Taking Large Distributions In One-Year

Because distributions from traditional retirement accounts are subject to tax at the time of distribution, it is wise to avoid taking too much in one year as a large distribution can push your distribution income and your other income into a higher tax bracket. For example, if you have  employment and or rental/investment income of $50,000 annually then you are in a joint income tax bracket of 15% on additional income. However, if you take $100,000 as a lump-sum that year this will push your annual income to $150K and you will be in a 28% income tax bracket. If you could instead break up that $100K over two tax years then you could stay in 15% to 25% tax bracket and could reduce your overall tax liability. In short, only pull out what you need when you need it to lesson the immediate year’s tax liability.

4. Distribution Withholding

Most distributions from an employer 401(k) or pension plan (including solo K), before the age of 59 1/2, will be subject to a 20% withholding that will be sent to the IRS in anticipation of tax and penalty that will be owed. In the case of an early distribution from an IRA, a 10% withholding for the penalty amount can be made but you can also elect out of this automatic withholding provided you make an estimated tax payment or that you will otherwise be current on your tax liability.

5. If You Have Tax Losses, Consider Converting to a Roth IRA or Roth 401(k)

When you have tax losses on your tax return you may want to consider using those losses to offset income that would arise when you convert a traditional IRA or 401(k) to a Roth account. Whenever you convert a traditional account to a Roth account, you must pay tax on the amount of the conversion. In the end though, you’ll have a Roth account that grows entirely tax-free and that you don’t pay taxes on when you distribute the money. Using the losses when they are available is a good way to get your Traditional retirement funds over to Roth.

The final 5 rules are for Roth IRAs and Roth 401(k)s

6. Roth IRAs Are Exempt from RMD

hile traditional IRA owners must take required minimum distributions (“RMD”) when the account owner reaches age 70 1/2, Roth IRAs are exempt from RMD rules. That’s a great perk and allows you to keep your money invested as long as possible.

7. Roth 401(k)s Must Take RMD

Roth 401(k) designated accounts are subject to RMD. This is a confusing rule since Roth IRAs are NOT subject to RMD. Such is the tax code. How can you avoid this?  Simply roll your Roth 401(k) funds over to a Roth IRA when you reach 70 1/2.

8. Distributions of Contributions Are Always Tax-Free

Distributions of contributions to a Roth IRA are always tax-free. Regardless of age, you can always take a distribution of your Roth IRA contributions without penalty or tax.

9. Distributions of Roth IRA Earnings

In order to take a tax-free distribution from a Roth IRA, you must be age 59 1/2 or older and you must have had a Roth IRA for five years or longer. As long as those two criteria are met, all amounts (contributions and earnings) may be distributed from a Roth IRA tax free. If your funds in the Roth IRA are from a conversion, then you must have converted the funds at least 5 years ago and must be 59 1/2 or older in order to take a tax-free distribution.

10. Delay Roth Distributions

Roth retirement accounts are the most tax efficient way to earn income in the U.S. As a result, it is best to distribute and use other funds and assets that are at your disposal before using the funds built up in your Roth account as those funds aren’t as tax efficient while invested.

401(k) Loans: How to Use $50K from Your Own 401(k)

by Mat Sorensen | Jul 9, 2018 | Uncategorized

Image of an open padlock around a stack of $5000.00.Do you need access to your retirement account funds to start a business, pay for education expenses or training, make a personal investment, or pay off high interest debt? Rather than taking a taxable distribution from your 401(k), you can access a portion of the funds in your 401(k) via a loan from the 401(k) to yourself without paying any taxes or penalties to access the funds. The loan must be paid back to the 401(k) but can be used for any purpose by the account owner.

Many people are familiar with this loan option, but are confused at how the rules work. The loan rules from the IRS are the same whether it is your solo 401(k) or a 401(k) with your current employer. Here is a summary of the items to know. For more details, check out the IRS Manual on the subject here.

FAQs on Loans from Your 401(k)

How much can I loan myself from my 401(k)?

50% of the vested account balance (FMV of the account) of the 401(k) not to exceed $50,000. So if you have $200,000 in your 401(k) you can loan yourself $50,000. If you have $80,000, you can loan yourself $40,000. If your spouse has an account, they can take a loan from their 401(k) too under the same rules (50% of the account balance not to exceed $50K).

What can I use the funds for?

By law, the loan can be used for anything you want. The funds can be used to start a business, personal investment, education expenses, pay bills, buy a home, or any personal purpose you want. Some employer plans restrict the purpose of the loan to certain pre-approved purposes but that is less common. Most don’t place restrictions. If you used the funds for business purposes, then you can expense the interest you and your business are paying back to your 401(k).

How do I pay back the loan to my own 401(k)?

The loan must be paid back in substantially level payments, at least quarterly, within 5 years. A lump sum payment at the end of the loan is not acceptable. For loans where the funds were used to purchase a home, the loan term can be up to 30 years.

What interest rate do I pay my 401(k)?

The interest rate to be charged is a commercially reasonable rate. This has been interpreted by the industry and the IRS/DOL to be prime plus 2% (currently that would be 5.25% as prime is 3.25%). If the loan was for the purchase of a home for the account owner then the rate is the federal home loan mortgage corporate rate for conventional fixed mortgages. Keep in mind that even though you are paying interest, you are paying that interest to your own 401(k) as opposed to paying a bank or credit card company.

How many loans can I take?

By law, you can take as many loans as you want provided that they do not collectively exceed 50% of the account balance or $50,000. However, if you are taking a loan from a current company plan, you may be restricted to one loan per 12-month period.

What happens if I don’t pay the loan back?

Any amount not repaid under the note will be considered a distribution and any applicable taxes and penalties will be due by the account owner.

Can I take a loan from my IRA?

No. The loan option is not available to IRA owners. However, if you are self-employed or are starting a new business, you can set up a solo or owner-only 401(k) (provided you have no other employees than the business owners and spouses), then roll your IRA or prior employer 401(k) funds to your new 401(k), and can take a loan from your new solo 401(k) account.

Can I take a loan from a previous employer 401(k) and use it to start a new business?

Many large employer 401(k) plans restrict loans to current employees. As a result, you probably won’t be able to take a loan from the prior 401(k). You may, however, be able to establish your own solo or owner-only 401(k) in your new business. You would then roll over your old 401(k) plan to your new solo/owner only 401(k) plan, and would take a loan from that new 401(k).

Can I take a loan from my Roth 401(k) account?

Some plans restrict this, but it is possible to take a loan from the Roth designated portion of your 401(k).

What if I have a 401(k) loan and change employers?

Many employer plans require you to pay off any outstanding loans within 60 days of your last date of employment. If your new employer offers a 401(k) with a loan option, or if you establish a solo/owner-only 401(k), you can roll over your prior employer loan/note to your new 401(k). Also, many plans have waivers to avoid total payoff (not payments) and give you time for repayment if you leave employment.

The 401(k) loan option is a relatively easy and efficient way to use your retirement account funds to start a small business, to pay for non-traditional education expenses, or to consolidate debt to a better rate of interest. If you have more questions about accessing your 401(k) funds, please contact us our attorneys at KKOS Lawyers by phone at (602) 761-9798 or visit kkoslawyers.com.

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