How To Pay 0% Tax On Capital Gains Income

When you sell a stock, mutual fund, investment property, or a business, if you have made money on that investment, the IRS is kindly waiting for a piece of that gain in the form of capital gains tax.  Capital gains are taxed differently than the ordinary income that you received via your paycheck or pass-through income from your business.   Unlike ordinary income, which has a series of tax brackets that range from 10% to 37% in 2022, capital gains income is taxed at a flat rate at the federal level.   Most taxpayers are aware of the 15% long term capital gains tax rate but very few know about the 0% capital gains tax rate and how to properly time the sale of your invest to escape having to pay tax on the gain. 

Short-term vs Long-Term Gains

Before I get into this tax strategy, you first have to understand the difference between “short-term” and “long-term” capital gains.  Short-term capital gains apply to any investment that you bought and sold in less than a 12 month period.  Example, if I buy a stock today for $1,000 and I sell it three months later for $3,000, I would have a $2,000 short-term capital gain.  Short-term capital gains are taxed as ordinary income like your paycheck. There is no special tax treatment for short-term capital gains and the 0% tax strategy does not apply.

Long-term capital gains on the other hand are for investments that you bought and then sold more than 12 months later.  When I say “investments” I’m using that in broad terms. It could be a business, investment property, stock, etc.   When you sell these investments at a gain and you have satisfied the 1 year holding period, you receive the benefit of paying tax on the gain at the preferential “long-term capital gains rate”.

What Are The Long Term Capital Gains Rates?

For federal tax purposes, there are 3 long term capital gains rates:  0%, 15%, and 20%.  What rate you pay is determined by your filing status and your level of taxable income in the year that you sold the investment subject to the long term capital gains tax. For 2022, below are the capital gains brackets for single filers and joint filers.

As you will see on the chart, if you are a single filer and your taxable income is below $41,675 or a joint filer with taxable income below $83,350, all or a portion of your long term capital gains income may qualify for the federal 0% capital gains rate.

An important note about state taxes on capital gains income is that each state has a different way of handling capital gains income. New York state is a “no mercy state” meaning they do not offer a special tax rate for long term capital gains. For NYS income tax purposes, your long term capital gains are taxed as ordinary income.  But let’s continue our story with the fed tax rules which are typically the lion share of the tax liability.

In a straight forward example, assume you live in New York, you are married, and your total taxable income for the year is $50,000.  If you realize $25,000 in long term capital gains, you will not pay any federal tax on the $25,000 in capital gain income but you will have to pay NYS income tax on the $25,000.

Don’t Stop Reading This Article If Your Taxable Income Is Above The Thresholds

For many taxpayers, their income is well above these income thresholds.  But I have good news, with some maneuvering, there are legit strategies that may allow you to take advantage of the 0% long term capital gains tax rate even if your taxable income is above the $41,675 single filer and $83,350 joint filer thresholds.  I will include multiple examples below as to how our high net worth clients are able to access the 0% long term capital gains rate but I first have to build the foundation as to how it all works. 

Using 401(k) Contributions To Lower Your Taxable Income

In years that you will have long term capital gains, there are strategies that you can use to reduce your taxable income to get under the 0% thresholds.  Here is an example, I had a client sell a rental property this year and the sale triggered a long term capital gain for $40,000.  They were married and had a combined income of $110,000.  If they did nothing, at the federal level they would just have to pay the 15% long term capital gains tax which results in a $6,000 tax liability.  Instead, we implemented the following strategy to move the $40,000 of capital gains into the 0% tax rate.

Once they received the sale proceeds from the house, we had them deposit that money to their checking account, and then go to their employer and instruct them to max out their 401(k) pre-tax contributions for the remainder of the year.  Since they were both over 50, they were each able to defer $27,000 (total of $54,000). They used the proceeds from the house sale to supplement the income that they were losing in their paychecks due to the higher pre-tax 401(k) deferrals.  Not only did they reduce their taxable income for the year by $54,000, saving a bunch in taxes, but they also were able to move the full $40,000 in long term capital gain income into the 0% tax bracket.  Here’s how the numbers work:

Adjusted Gross Income (AGI):      $110,000

Pre-tax 401(k) Contributions:         ($54,000)

Less Standard Deduction:              ($25,900)

Total Taxable Income:                     $30,100

In their case, they would be able to realize $53,250 in long term capital gains before they would have to start paying the 15% fed tax on that income ($83,350 – $30,100 = $53,250). Since they were below that threshold, they paid no federal income tax on the $40,000 saving them $6,000 in fed taxes.

“Filling The Bracket”

The strategy that I just described is called “filling the bracket”.  We find ways to reduce an individuals taxable income in the year that long term capital gains are realized to “fill up” as much of that 0% long-term capital gains tax rate that we can before it spills over into the 15% long-term capital gains rate.

More good news, it’s not an “all or none” calculation.  If you are married, have $60,000 in taxable income, and $100,000 in long term capital gains, a portion of your $100,000 in capital gains will be taxed at the 0% rate with the majority taxed at the 15% tax rate.  As you might have guessed the IRS is not going to let you get away with paying 0% on a $100,000 in long term capital gains because you maneuvered your taxable income into the 0% cap gain range. But in this case, $23,350 would be taxed at the 0% long term cap gain rate, and the reminder would be taxed at the 15% long term cap gain rate.

Do Capital Gains Bump Your Ordinary Income Into A Higher Bracket?

When explaining this “filling up the bracket” strategy to clients, the most common question I get is: “If long term capital gains count as taxable income, does that push my ordinary income into a higher tax bracket?”   The answer is “no”.  In the eyes of the IRS, capital gains income is determined to be earned “after” all of your other income sources.

In an extreme example, let’s say you have $70,000 in ordinary income and $200,000 in capital gains. If your total ordinary income was $70,000 and you file a joint tax return, your top fed tax bracket in 2022 would be 12%.  However, if the IRS decided to look at the $200,000 in capital gain income first and then put your ordinary income on top of that, your top federal tax bracket would now be 24%.  That would hurt tax wise. Luckily, it does not work that way.  Even if you realized $1M in long term capital gains, the $70,000 in ordinary income would be taxed at the same lower tax brackets since it was earned first in the eyes of the IRS.

Work With Your Accountant

Before I get into the more advanced strategies for how this filling up the brackets strategy is used, I cannot stress enough the importance of working with your tax advisor when executing these more complex tax strategies.  The tax system is complex and making a shift in one area could hurt you in another area.

Even though these strategies may lower the federal tax rate on your long-term capital gain income, capital gains will increase your AGI (adjusted gross income) for the year which could phase you out of certain deductions, tax credits, increase your Medicare premiums, reduce college financial aid, etc. Your accountant should be able to run tax projections for you in their software to play with the numbers to determine the ideal amount of long-term capital gains that can be realized in a given year without hurting the other aspects of your financial picture.

Strategy #1:  I’m Retiring

When people retire, in many cases, their taxable income drops because they no longer have their paycheck and they are typically supplementing their income with social security and distributions from their investment accounts.  This creates a tax planning opportunity because these taxpayers sometimes find themselves in the lowest tax bracket that they have been in over the past 30+ years.  Here are some of the common examples.

Example 1: The First Year Of Retirement

If you retire at the beginning of the calendar year, you may only have had a few months of paychecks, so your income may be lower in that year.  If you have built up cash in your savings account or if you have an after tax investment account that you can use to supplement your income for the remainder of the year to meet your expenses, this may create the opportunity to “fill up the bracket” and realize some long-term capital gains at a 0% federal tax rate in that year.

Example 2:  Lower Expenses In Retirement

We have had clients that were making $150,000 per year and then when they retire they only need $40,000 per year to live off of.  When you retire, the kids are typically through college, the mortgage is paid off, and your expenses drop so you need less income to supplement those expenses.   A portion of your social security will most likely be counted as taxable income but if you do not have a pension, you may have some wiggle room to realize a portion of your long-term capital gains as a 0% rate each year.

Assume this is a single filer. Here is how the numbers would work:

Social Security & IRA Taxable Income:     $40,000

Less Standard Deduction:                          ($12,000)

Total Taxable Income:                                $28,000

This individual would be able to realize $13,675 in long term capital gains each year at the 0% fed tax tax because the threshold is $41,675 and they are only showing $28,000 in taxable income.  Saving $2,051 in fed taxes.

Strategy #2:  Business Owner Experiences A Low Income Year

If you have been running a business for 5+ years, you have probably been through those one or two tough years where either revenue drops dramatically or the business incurs a lot of expenses in a single year, lowering your net profits.  Do not let these low taxable income years go to waste.  If you typically make $250,000+ per year and you have one of these low income years, start planning as soon as possible because once you cross that December 31st threshold, you have wasted a tax planning opportunity.  If you are showing no income for that year, you may want to talk to your accountant about realizing some long term capital gains in your brokerage account to realize those gains at a 0% tax rate.  Or you may want to consider processing a Roth conversion in that low tax year. There are a number of tax strategies that will allow you to make the most of that “bad year” income wise. 

Strategy #3: Leverage Cash Reserves and Brokerage Accounts

If you have been building up cash reserves or you have a brokerage account that you could sell some holdings without incurring big taxable gains, you may be able to use that as your income source for the year which could result in little to no taxable income showing for that tax year.  We have seen both retirees and business owners use this strategy.

Business owners have control over when expenses will be realized which influences how much taxable income is being passed through to the business owner.  If you can overload expenses into a single tax year instead of splitting it evenly between two separate tax years, that could create some tax planning opportunities.

Strategy #4: Moving To Another State

It’s common for individuals to move to more tax friendly states in retirement. If you live in a state now, like New York, that makes you pay tax on long term capital gain income, and you plan to move to Florida next year and change your state of domicile, you may want to wait to realize your capital gains until you are resident of Florida to avoid having to pay state tax on that income. This has nothing to do with the 0% Fed tax strategy but it might reduce your state income tax bill on those capital gains.

Bottom Line

There are few strategies that allow you to pay 0% in federal taxes on any type of gain.  If you are a high income earner, this strategy may not work for you every year but there may be opportunities to use them at some point if income drops or when you enter the retirement years.  Again, don’t let those lower income years go to waste. Work with your accountant and determine if “filling the bracket” is the right move for you. 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

Manufacturing Is Contracting: Another Economic Indicator Flashes Red

Yet another important economic indicator rolled over this week which has triggered a sell-off in the U.S. equity markets.   Each month the Institute of Supply Management (“ISM”) issues two reports: 

Manufacturing ISM Report

Non-Manufacturing ISM Report 

A reading above 50 indicates an expansion and a reading below 50 indicates a contraction. The Manufacturing ISM Report was released on Tuesday and it showed a reading of 47.8 for September indicating that manufacturing in the U.S. is beginning to contract. Not only was it the first contraction of the index within the last few years but the index reached a level not seen since 2009.  In this article we will cover: 

• Why the ISM Index is important

• Historically what happens to the stock market after the reading goes below 50?

• What caused the unexpected drop in the ISM index?

• Manufacturing trends around the globe and how they could impact the U.S. stock market

Why The ISM Index Is Important

The ISM Manufacturing Index tells us how healthy the manufacturing sector of the U.S. economy is.  This index is also referred to as the Purchasing Managers Index (PMI) and I will explain why.  The ISM issues a monthly survey to more than 300 manufacturing companies.  The purchasing managers at these big manufactures are on the front line when it comes to getting a read on the pulse of business conditions.  The survey includes questions on the trends in new orders, production, inventories, employment, supply chain, and backlog orders. The ISM assigns weightings to each metric, aggregates all of the responses together, and it results in the data point that signals either an expansion or a contraction.

If most of the manufactures in the U.S. have a ton of new orders, inventories are low, and they are looking to hire more people, that would most likely produce a reading above 50, implying that the outlook is positive for the U.S. economy as these big manufactures ramp up production to meet the increase in demand for their products.

On the other hand, if these surveys show a drop off in new orders, inventories are rising, or hiring has dropped off, that would most likely produce a reading below 50, implying that manufacturing and in turn the U.S. economy is slowing down.  Analysts will use the ISM index to get a read on what corporate earnings might look like at the end of the quarter. If the index is dropping during the quarter, this could be foreshadowing a shortfall in corporate earnings for the quarter which the stock market will not find out about until after the quarter end.

Here is a historic snapshot of the ISM’s Manufactures Index:

As you will see in the chart, manufacturing has been slowing over the course of the past year but up until September, it was still expanding at a moderate pace.  For September, economists had broadly expected a reading of 50.4 but the ISM report produced a result of 47.8 signaling a contraction for the first time since 2016.

What Does This Mean For The Stock Market?

So in the past, when the ISM Index has gone below 50, what happened to the stock market?  To answer that question, let’s start by looking at a chart that shows the correlation between the ISM Index and the S&P 500 Index:  

The dark blue line is the ISM index and the light blue line is the S&P 500 Index. Looking at this data, I would highlight the following points: 

• The ISM Index and the S&P 500 Index seem to move in lockstep. While the ISM might give you a preview of what quarterly earnings might look like, it does not give you a big forward looking preview of bad things to come. By the time the ISM index starts dropping, the stock market is already dropping with it.

• We need more data. There have been a few times that the index has gone below 50 within the last 20 years and it has not been followed by a recession. Look at 2016 for example. The ISM index dropped below 50, but if you trimmed your equity positions at that point, you missed the big rally from January 2017 through September 2019. We need more data because historically multiple back to back months of readings below have signaled a recession.

• If the index hits 45 or lower within the next few months, watch out below!!

What Caused The Most Recent Drop In The ISM Manufactures Index?

When it comes to unexpected market events, there is usually a wide mote of differing opinions.  But it seems like the most recent drop could be attributed to a continued weakening of spending by U.S. businesses.  While the U.S. consumer seems to still be strong and spending money, spending by businesses on big ticket items has tapered off over the past few months. 

As you will see in the chart above, durable goods orders have dropped over the past two months which is the main barometer for business spending.  When businesses are uncertain about the future, they tend to not spend money and business owners have no lack of things to be worried about going into 2020.  The growth rate of the U.S. economy has been slowing, uncertainty surrounding global trade continues, and 2020 is an election year.  One or more of these uncertainties may need to resolve themselves before businesses are willing to resume spending. 

Global Manufacturing Trends

While manufacturing in the U.S. just started contracting in September, the picture is a little darker when we look at the manufacturing trends in other parts of the world.   Below is a heat map that shows the PMI Index for countries all around the world. Here is how you read it: 

• Green is good. Manufacturing is expanding

• Yellow is neutral: Manufacturing is flat

• Red is bad: Manufacturing is contracting

If you look at 2017 and 2018, there was a lot of green all around the world indicating that manufacturing was expanding around the globe. As we have progressed further into 2019, you are beginning to see more yellow and in some areas of the world there is red indicating contraction. Look at Germany in particular.  There has been big change in the economic conditions in Europe and the global economy is very interconnected. The weakness that started in Europe seems to be spreading to other places throughout the globe. 

ISM Non-Manufacturing Index

Now, you could make the argument that the U.S. is a services economy and it does not rely heavily on manufacturing, so how much does this contraction in manufacturing really matter?  Well, if we switch gears to the ISM Non-Manufacturing Index which surveys the services sector of the US economy, the September report just came out with a reading of 52.6 compared to the 55.3 that the market was expecting.   This is also down sharply from the 56.4 reported for August. 

While the services sector of the U.S. economy is not contracting yet, it seems like the numbers may be headed in that direction. 

What Investors Should Expect

There are pluses and minuses to this new ISM data.  The contraction of the ISM Manufactures Index and the deceleration of the growth rate of the ISM Non-Manufactures Index in September is just another set of key economic indicators that are now flashing red.  Implying that we may be yet another step closer to the arrival of the next recession in the U.S. economy. 

The only small positive that can be taken away from this data is that the Fed now has the weak economic data that it needs to begin aggressively reducing interest rates in the U.S. which could boost stock prices in the short term.  But investors have to be ready for the rollercoaster ride that the stock market may be headed towards as these two forces collide in the upcoming months. 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

Should I Payoff My Mortgage Early?

As a financial planner, clients will frequently ask me the following question, “Should I apply extra money toward my mortgage and pay it off early?”. The answer depends on several factors such as: 

• The status of your other financial goals

• Interest rate

• How long you plan to live in the house

• How close you are to retirement

• The rate of return for other available investment options

Status of your other financial goals

Before you start applying additional payments toward your mortgage, you should first conduct an assessment of the status of your various financial goals.

For clients that have children, we usually start with the following questions:

“What are your plans for paying for college for your kids?  Are the college savings accounts appropriately funded?”

The cost of college keeps rising which requires more advanced planning on behalf of parents that have children that are college bound, but before committing more money toward the mortgage, you should have an idea as to what your financial aid package might look like, so you have a ballpark idea of what you will have to pay out of pocket each year for college.

If you have an extra $5,000 sitting in your savings account, you can either apply that toward the mortgage, which is a one-time benefit, or you can put that money into a college 529 account when your child is 5 years old, and let it accumulate for 13 the next years.  Assuming you get a 6% rate of return within that 529 account, you will be able to withdrawal $10,665 all tax free when it comes time to pay for college.

Here is the list of other questions that we typically ask clients before we give them the green light to escalate the payments on their mortgage:

• Is there enough money in your retirement accounts to fulfill your plans for retirement?

• Do you have any other debt? Student loan debt, credit card debt, HELOC?

• How many months of living expense have you put aside in an emergency fund?

• Are there any big one-time expenses coming up?

• Do you have the appropriate amount of life insurance?

• Do you foresee any career changes in the near future?

If there are financial shortfalls in some of these other areas, it may be better to shore up some of the weaknesses in your overall financial plan before applying additional cash toward the mortgage. 

What is the interest rate on your mortgage?

The interest rate that the bank or credit union is charging you on your mortgage has a significant weight in the decision as to whether or not you should pay off your mortgage early.  We tell clients that you should look at the interest rate on debt as a “risk free rate of return”.  If you have a mortgage with a 4% interest rate and you have $5,000 in cash sitting in your savings account, by applying that $5,000 toward your mortgage you are technically earning a 4% rate of return on that money because you are not paying it to the bank. The reason it is “risk free” is because you would have paid that money to the bank otherwise. 

It’s important to understand the risk-free concept of paying off debt.  Clients will sometimes ask me “Why would I put more money toward my mortgage with an interest rate of 4% when I can invest it in the stock market and get an 8% rate of return?”

My answer is, “It’s not an apple to apple comparison because you are comparing two different risk classes.” You have to take risk in the stock market to obtain that possible 8% rate of return, as compared to applying the money toward your mortgage which is guaranteed because you are guaranteed to not pay the bank that interest.  It would be more appropriate to compare the interest rate on your mortgage to a CD rate at a bank, or the interest rate for a money market account.

After this exchange, the client will frequently comment, “Well, I can’t get 4% in a CD at a bank these days”.  In those cases, if they have idle cash, it may be advantageous to apply the cash toward the mortgage instead of letting it sit in their savings account or a CD with a lower interest rate.

Interest rate below 5%

When the interest rate on your mortgage is below 5%, it makes the decision more difficult.  Depending on the interest rate environment, there may be lower risk investments other than stocks that could earn a higher rate of return compared to the interest rate on your mortgage.  You may also have some long term financial goal like retirement that allows you to comfortably take more risk and assume a higher long term annualized rate of return in those higher risk asset classes. When you have a lower interest rate on your mortgage, applying additional cash toward the mortgage may still be the prudent decision, but it requires more analysis. 

Interest rate above 5%

When we see the interest rates on a mortgage above 5% the decision to pay off the mortgage early gets easier. Based on the examples that we have already covered, if the interest rate on your mortgage is 6%, by applying more cash toward the mortgage you are earning a risk-free rate of return of 6%, that’s a pretty good risk-free rate of return in most market environments. For our readers that had mortgages in the early 80’s, they saw mortgage rates north of 15%.  That’s a nice risk-free rate of return, but hopefully we never see the interest rate on mortgages that high ever again. 

How long do you plan to live in the house?

If you plan to sell your house within the next 5 years, applying additional payments toward the mortgage has a positive financial impact, but it’s typically not as strong as when you compare it to someone that has 20 years left on mortgage and they plan to be living in the house for the next 20+ years. 

It’s a lesson in compounding interest.  Example, you have the following mortgage: 

Outstanding balance: $200,000

Interest rate: 4%

Years left on the mortgage: 20 Years 

You have $20,000 sitting in your savings account that you are considering applying toward the mortgage.  If you plan to sell the house a year from now, applying $20,000 toward the mortgage would save you $800 in interest. 

If you plan to stay in the house for the full 20 years, applying the $20,000 toward your mortgage today would save you $9,086 in interest over the remaining life of the mortgage. 

Should I payoff my mortgage before I retire?

When we are helping clients prepare for retirement, we remind them that with all of the unknowns that the future holds, the one thing that you have 100% control over both now and in the future are your annual expenses.  You don’t have control over market returns, inflation, tax rates, etc, so the goal is to give you the most flexibility in retirement and minimize your expenses. It not uncommon for the mortgage to be your largest monthly expense.

It is for this reason that retirement serves as kind of a wild card in this rate of return analysis. During the accumulation years, you may be assuming an 8% rate of return on your retirement account because you had an overweight to stocks in your portfolio.  Now that you are transitioning over to the distribution phase, it’s common for investors to decrease the risk level in their retirement accounts, which is often accompanied by a lower assumed rate of return over longer time periods.  It makes that gap between the interest rate on your mortgage and the assumed rate on your investment accounts smaller, thus giving more weight to escalating the payoff of the mortgage.

Additionally, no mortgage means less money coming out of your retirement accounts each year, which helps investors manage the risk of outliving their retirement savings.

While we like our clients to retire with as little debt as possible, there are scenarios that arise where it does make sense to have a mortgage in retirement.  Both of these scenarios stem from the situation where 100% of the client’s assets are tied up in pre-tax retirement accounts.

If they have $50,000 left on the mortgage and they are about to retire, we typically would not advise them to distribute $50,000 from their retirement account to pay off the mortgage because they will take a big income tax hit by realizing all of that additional taxable income in a single tax year.   In these cases, it may make sense to continue to make the regular monthly mortgage payments until the mortgage is paid in full.

In a similar situation when clients want to buy a second house in retirement, but most of their money is tied up in pre-tax retirement, instead of incurring a big tax hit by taking a large distribution from their retirement accounts, it may make sense for them to just take the mortgage and make regular monthly payments. This strategy spreads the distributions from the retirement accounts over multiple tax years which could more than offset the interest that you are paying to the bank over the life of the loan. In addition, the money in your retirement accounts is allowed to accumulate tax deferred for a longer period of time. 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

Understanding Required Minimum Distributions & Advanced Tax Strategies For RMD's

Understanding Required Minimum Distributions & Advanced Tax Strategies For RMD’s

A required minimum distribution (RMD) is the amount that the IRS requires you to take out of your retirement account each year when you hit a certain age or when you inherit a retirement account from someone else. It’s important to plan tax-wise for these distributions because they can substantially increase your tax liability in a given year; consequentially, not distributing the correct amount from your retirement accounts will invite huge tax penalties from the IRS. Luckily, there are advanced tax strategies that can be implemented to help reduce the tax impact of these distributions, as well as special situations that exempt you from having to take an RMD. 

Age 72

LAW CHANGE: There were changes to the RMD age when the SECURE Act was passed into law on December 19, 2019.  Prior to the law change, you were required to start taking RMD’s in the calendar year that you turned age 70 1/2.  For anyone turning age 70 1/2 after December 31, 2019, their RMD start age is now delayed to age 72.

The most common form of required minimum distribution is age 72.  In the calendar year that you turn 72, you are required to take your first distribution from your pretax retirement accounts.

The IRS has a special table called the “Uniform Lifetime Table”.  There is one column for your age and another column titled “distribution period”. The way the table works is you find your age and then identify what your distribution period is. Below is the calculation step by step:

1) Determine your December 31 balance in your pre-tax retirement accounts for the previous year end

2) Find the distribution period on the IRS uniform lifetime table

3) Take your 12/31 balance and divide that by the distribution period

4) The previous step will result in the amount that you are required to take out of your retirement account by 12/31 of that year

Example: If you turn age 72 in March of 2023, you would be required to take your first RMD in that calednar year unless you elect the April 1st delay in the first year.  After you find your age on the IRS uniform lifetime table, next to it you will see a distribution period of 25.6. The balance in your traditional IRA account on December 31, 2018 was $400,000, so your RMD would be calculated as follows:

$400,000 / 25.6 = $15,625

Your required minimum distribution amount for the 2023 tax year is $15,625.  The first RMD will represent about 3.9% of the account balance, and that percentage will increase by a small amount each year.

RMD Deadline

There are very important dates that you need to be aware of once you reach age 72. In most years, you have to make your required minimum distribution prior to December 31 of that tax year. However, there is an exception for the year that you turn age 72. In the year that you turn 72, you have the option of taking your first RMD either prior to December 31 or April 1 of the following year.  The April 1 exception only applies to the year that you turn 72.  Every year after that first year, you are required to take your distribution by December 31st. 

Delay to April 1st

So why would someone want to delay their first required minimum distribution to April 1? Since the distribution results in additional taxable income, it’s about determining which tax year is more favorable to realize the additional income.

For example, you may have worked for part of the year that you turned age 72 so you’re showing earned income for the year.  If you take the distribution from your IRA prior to 12/31 that represents more income that you have to pay tax on which is stacked up on top of your earned income. It may be better from a tax standpoint to take the distribution in the following January because the amount distributed from your retirement account will be taxed in a year when you have less income.

Very important rule:

If you decide to delay your first required minimum distribution past 12/31, you will be required to take two RMD‘s in that following year.

Example: I retire from my company in September 2023 and I also turned 72 that same year. If I elect to take my first RMD on February 1, 2024, prior to the April 1 deadline, I will then be required to take a second distribution from my IRA prior to December 31, 2024.

If you are already retired in the year that you turn age 72 and your income level is going to be relatively the same between the current year and the following year, it often makes sense to take your first RMD prior to December 31st, so are not required to take two RMD‘s the following year which can subject those distributions to a higher tax rate and create other negative tax events.

IRS Penalty

If you fail to distribute the required amount by the given deadline, the IRS will be kind enough to assess a 50% penalty on the amount that you should have taken for your required minimum distribution. If you were required to take a $14,000 distribution and you failed to do so by the applicable deadline, the IRS will hit you with a $7,000 penalty. If you make the distribution, but the amount is not sufficient enough to meet the required minimum distribution amount, they will assess the 50% penalty on the shortfall instead. Bottom line, don’t miss the deadline. 

Exceptions If You Are Still Working

There is an exception to the 72 RMD rule.  If your only retirement asset is an employer sponsored retirement plan, such as a 401(k), 403(b), or 457,  as long as you are still working for that employer, you are not required to take an RMD from that retirement account until after you have terminated from employment regardless of your age.

Example:  You are age 73 and your only retirement asset is a 401(k) account with your current employer with a $100,000 balance, you will not be required to take an RMD from your 401(k) account in that year even though you are over the age of 72.

In the year that you terminate employment, however, you will be required to take an RMD for that year. For this reason, be very careful if you’re working over the age of 72 and leave employment in late December. Your retirement plan provider will have a very narrow window of time to process your required minimum distribution prior to the December 31st deadline.

This employer sponsored retirement plan exception only applies to balances in your current employer’s retirement plan. You do not receive this exception for retirement plan balances with previous employers.

If you have retirement account such as IRA’s or other retirement plan outside of your current employer’s plan, you will still be required to take RMD’s from those accounts, even though you are still working.

Advanced Tax Strategies

There are two advanced tax strategies that we use when individuals are age 72 and still working for a company that sponsors are qualified retirement plan.

It’s not uncommon for employees to have a retirement plans with their current employer, a rollover IRA, and some miscellaneous balance in retirement plans from former employers.  Since you only have the exception to the RMD within your current employers plan, and most 401(k), 403(b), and 457 plans accept rollovers from IRAs and other qualified plans, it may be advantageous to complete rollovers of all those retirement accounts into your current employer’s plan so you can completely avoid the RMD requirement.

Strategy number two. If you are still working and you have access to an employer sponsored plan, you are usually able to make employee contributions pre-tax to the plan.  If you are required to take a distribution from your IRA which results in taxable income, as long as you are not already maxing out your employee deferrals in your current employer’s plan, you can instruct payroll to increase your contributions to the plan to reduce your earned income by the amount of the required minimum distribution coming from your other retirement accounts.

Example:  You are age 72 and working part time for an employer that gives you access to a 401(k) plan. Your 401(k) has a balance of $20,000 with that employer, but you also have a Rollover IRA with a balance of $200,000. In this case, you would not be required to take an RMD from your 401(k) balance, but you would be required to take an RMD from your IRA which would total approximately $7,500.  Since the $7,500 will represent additional income to you in that tax year, you could turn around and instruct the payroll company to take 100% of your paychecks and put it pre-tax into your 401(k) account until you reach $7,500 which would wipe out the tax liability from the distribution that occurred from the IRA.

Or, if you have a spouse that still working and they have access to a qualified retirement plan, the same strategy can be implemented. Additionally, if you file a joint tax return, it doesn’t matter whose retirement plan it goes into because it’s all pre-tax at the end of the day. 

5% or More Owner

Unfortunately, I have some bad news for business owners.  If you are a 5% or more owner of the company, it does not matter whether or not you are still working for the company, you are required to take an RMD from the company’s employer sponsored retirement plan regardless.  The IRS is well aware that the owner of the business could decide to work for two hours a week just to avoid required minimum distributions. Sorry entrepreneurs. 

A Spouse That Is More Than 10 Years Younger

I mentioned above that the IRS has a uniform lifetime table for calculating the RMD amount.  If your spouse is more than 10 years younger than you are, there is a special RMD table that you will need to use called the “joint life table” with a completely different set of distribution periods, so make sure you’re using the correct table when calculating the RMD amount. 

Charitable contributions

There is also an advanced tax strategy that allows you to make contributions to charity directly from your IRA and you do not have to pay tax on those disbursements.  The special charitable distributions from IRA’s are only allowed for individuals that are age 72 or older.  If you regularly make contributions to a charity, church, or not for profit, or if you do not need the income from the RMD, this may be a great strategy to shelter what otherwise would have been more taxable income. There are a lot of special rules surrounding how these charitable contributions work. For more information on this strategy see the following article:

Lower Your Tax Bill By Directing Your Mandatory IRA Distributions To Charity

Roth IRA’s

You are not required to take RMD‘s from Roth IRA accounts at age 72, this is one of the biggest tax advantages of Roth IRAs. 

Inherited IRA

When you inherit an IRA from someone else, those IRAs have their own set of required minimum distribution rules which vary from the rules at the age 72.  The SECURE Act that was passed in 2019 split non-spouse beneficiaries of IRA into two categories.  For individuals that inherited retirement accounts prior to December 31, 2019, they are still able to stretch the RMD over their lifetime and the required minimum distributions must begin by December 31st of the year following the decedent date of death. For individuals that inherited a retirement account after December 31, 2019, the New 10 Rule replaced the stretch option and no RMDs are required for non-spouse beneficiaries.  For the full list of rule, deadlines, and tax strategies surrounding inherited IRA’s see the articles listed below:

Spouse Inherited IRA Options

How Do Inherited IRA’s Work For Non-Spouse Beneficiaries

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

The Top 4 Things That You Need To Know About The Trade War With China

The trade negotiations between the U.S. and China have been the center of the stock market’s attention for the past 6 months. One day it seems like they are close to a deal and then the next day both countries are launching new tariffs against each other.  While many investors in the U.S. understand the trade wars from the vantage point of the United States, very few people understand China’s side of the equation.   The more we learn about China’s motivation and viewpoint, the more we realize that this could be a very long, ugly, and drawn out battle. The main risk is if this battle is not resolved soon it could lead to a recession in the U.S. sooner than expected. 

1:  China Is Tired Of Being On The Losing End Of Trade Deals

When you look back through history, going as far back as the mid 1800’s, China has been on the losing end of many of it’s trade deals.  To summarize that history, when you are a very poor country, and your economy is based primarily on exporting goods to other countries, those countries that are buying your goods have a lot of power over you.  If you don’t agree to their terms, they stop buying from you, and your economy collapses.  China’s history is filled with trade deals where terms were dictated to them so they feel like they have been taken advantage of.

Now that China has the fastest growing middle class in the world, they are less reliant on trade to fuel their economy.   Also, the size of China’s economy is growing extremely fast. The size of a country’s economy is measured by their GDP (Gross Domestic Product). A country’s annual GDP is the dollar value of all the goods and services that are produced in that country in a single year.   It’s fascinating to see how quickly China has grown over the past 20 years compared to the U.S.

The numbers speak for themselves.  In 2000, the size of China’s economy was only 9% of the U.S. economy.  In only a 17-year period, China’s economy is now 67% the size of the U.S. economy and based on current GDP data from both countries, they are still growing at a pace that is about three times faster than the U.S. economy.

China seems to be making a statement to the world in these negotiations that terms will no longer be dictated to them.  China now has the economic firepower to negotiate terms as an equal which could drag out the trade negotiations longer than investors expect.

2: Tariff Impact On China vs U.S.

In May, the U.S. raised the tariffs on select goods imported from China from 10% to 25%.  China then retaliated by raising their tariffs on US imports from 10% to 25%.  We have heard in the news that these tariffs hurt China more than they hurt the U.S.    In the short term this would seem to be true. The U.S. imports about $500 Billion in goods from China compared to the $100 Billion in goods that China imports from the U.S.

But the next question is, “if it hurts China more, does it hurt them a lot or a little from the standpoint of their overall economy?”   The answer; not as much as you would think.  The chart below shows China’s total exports as a percentage of their GDP.

Back in 2007, exports contributed to over 35% of China’s total GDP.  As of 2018, exports represent less than 20% of China’s annual GDP.  Of their total exports about 18% go to the U.S.  So if you do the math, exports to the U.S. equal about 3.6% of China’s total annual GDP.   Personally, I was surprised how low that number was.   Based on what we have been hearing about the negotiations and how the U.S. is in such a strong position to negotiate, I would have expected the export number to be much larger, but it’s less than 4% of their total GDP.  This again may lead investors to conclude that the volatility we are seeing in the markets surrounding the trade negotiations may be an unwelcomed guest that is here to stay for longer than expected.

3: The Impact of Tariffs On The US Economy

While the U.S. is using tariffs as a negotiating tool,  it may be the U.S. consumer that ends up paying the price. That washing machine that was $500 in April may end up costing $625 in June.  Companies that are importing goods from China and selling them to the U.S. consumer will have to decide whether to absorb the cost of the tariffs which would decrease their net profits or pass those costs onto the consumer in the form of higher prices.

The other problem that you can see in this example is tariffs are inflationary.  Meaning they push prices higher. The Fed announced at their last meeting that they were content with keeping interest rates where they are for the remainder of 2019 given the slowing economic growth rate and tame inflation.  But if tariffs spark inflation, they may have to reverse course and raise rates unexpectedly to keep the inflation rate under control which would be bad news for the stock market.

4: Global uncertainty

Companies typically do not invest or make plans for growth if the global economy is filled with uncertainty, they pause and wait for the smoke to clear.   The longer the trade uncertainty between the U.S. and China persists, the more downward pressure there will be on global economic growth around the world. 

Summary

It’s unclear how this situation between the U.S. and China will play out and how long it will be before there is a resolution. In times of uncertainty, investors need to be very aware of how these trends could potentially impact their investment portfolio and it may be the appropriate time to begin building some defensive positions if you have not done so already. 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

How To Change Your Residency To Another State For Tax Purposes

If you live in an unfriendly tax state such as New York or California, it’s not uncommon for your retirement plans to include a move to a more tax friendly state once your working years are over.  Many southern states offer nicer weather, no income taxes, and lower property taxes.  According to data from the US Census Bureau, more residents left New York than any other state in the U.S.  Between July 2017 and July 2018, New York lost 180,360 residents and gained only 131,726, resulting in a net loss of 48,560 residents.  With 10,000 Baby Boomers turning 65 per day over the next few years, those numbers are expected to escalate as retirees continue to leave the state.

When we meet with clients to build their retirement projections, the one thing anchoring many people to their current state despite higher taxes is family.  It’s not uncommon for retirees to have children and grandchildren living close by so they greatly favor the “snow bird” routine.  They will often downsize their primary residence in New York and then purchase a condo or small house down in Florida so they can head south when the snow starts to fly.

The inevitable question that comes up during those meetings is “Since I have a house in Florida, how do I become a resident of Florida so I can pay less in taxes?”  It’s not as easy as most people think.  There are very strict rules that define where your state of domicile is for tax purposes.  It’s not uncommon for states to initiate tax audit of residents that leave their state to claim domicile in another state and they split time travelling back and forth between the two states. Be aware, the state on the losing end of that equation will often do whatever it can to recoup that lost tax revenue. It’s one of those guilty until proven innocent type scenarios so taxpayers fleeing to more tax favorable states need to be well aware of the rules.

Residency vs Domicile

First, you have to understand the difference between “residency” and “domicile”.  It may sound weird but you can actually be considered a “resident” of more than one state in a single tax year without an actual move taking place but for tax purposes each person only has one state of “domicile”.

Domicile is the most important.  Think of domicile as your roots.  If you owned 50 houses all around the world, for tax purposes, you have to identify via facts and circumstances which house is your home base.  Domicile is important because regardless of where you work or earn income around the world, your state of domicile always has the right to tax all of your income regardless of where it was earned.

While each state recognizes that a taxpayer only has one state of domicile, each state has its own definition of who they considered to be a “resident” for tax purposes.  If you are considered a resident of a particular state then that state has the right to tax you on any income that was earned in that state. But they are not allowed to tax income earned or received outside of their state like your state of domicile does. 

States Set Their Own Residency Rules

To make the process even more fun, each state has their own criteria that defines who they considered to be a resident of their state.  For example, in New York and New Jersey, they consider someone to be a resident if they maintain a home in that state for all or most of the year, and they spend at least half the year within the state (184 days).  Other states use a 200 day threshold.  If you happen to meet the residency requirement of more than one state in a single year, then two different states could consider you a resident and you would have to file a tax return for each state. 

Domicile Is The Most Important

Your state of domicile impacts more that just your taxes.  Your state of domicile dictates your asset protection rules, family law, estate laws, property tax breaks, etc.  From an income tax standpoint, it’s the most powerful classification because they have right to tax your income no matter where it was earned. For example, your domicile state is New York but you worked for a multinational company and you spent a few months working in Ireland, a few months in New Jersey, and most of the year renting a house and working in Florida.  You also have a rental property in Virginia and are co-owners of a business based out of Texas.   Even though you did not spend a single day physically in New York during the year, they still have the right to tax all of your income that you earned throughout the year. 

What Prevents Double Taxation?

So what prevents double taxation where they tax you in the state where the money is earned and then tax you again in your state of domicile?  Fortunately, most states provide you with a credit for taxes paid to other states.  For example, if my state of domicile is Colorado which has a 4% state income tax and I earned some wages in New York which has a 7% state income tax rate, when I file my state tax return in Colorado, I will not own any additional state taxes on those wages because Colorado provides me with a credit for the 7% tax that I already paid to New York.

It only hurts when you go the other way. Your state of domicile is New York and you earned wage in Colorado during the year.  New York will credit you with the 4% in state tax that you paid to Colorado but you will still owe another 3% to New York State since they have the right to tax all of your income as your state of domicile.

Count The Number Of Days

Most people think that if they own two houses, one in New York and one in Florida, as long as they keep a log showing that they lived in Florida for more than half the year that they are free to claim Florida, the more tax favorable state, as their state of domicile.  I have some bad news.  It’s not that easy.  The key in all of this is to take enough steps to prove that your new house is your home base. While the number of days that you spend living in the new house is a key factor, by itself, it’s usually not enough to win an audit.

That notebook or excel spreadsheet that you used to keep a paper trail of the number of days that you spent at each location, while it may be helpful, the state conducting the audit may just use the extra paper in your notebook to provide you with the long list of information that they are going to need to construct their own timeline. I’m not exaggerating when I say that they will request your credit card statement to see when and where you were spending money, freeway charges, cell phone records with GPS time and date stamps, dentist appointments, and other items that give them a clear picture of where you spent most of your time throughout the year.  If you supposedly live in Florida but your dentist, doctors, country club, and newspaper subscriptions are all in New York, it’s going to be very difficult to win that audit.  Remember the number of days that you spend in the state is just one factor.

Proving Your State of Domicile

There are a number of action items that you should take if it’s your intent to travel back and forth between two states during the year, and it’s your intent to claim domicile in the more favorable tax state. Here is the list of the action items that you should consider to prove domicile in your state of choice: 

• Register to vote and physically vote in that state

• Register your car and/or boat

• Establish gym memberships

• Newspapers and magazine subscriptions

• Update your estate document to comply with the domicile state laws

• Use local doctors and dentists

• File your taxes as a resident

• Have mail forwarded from your “old house” to your “new house”

• Part-time employment in that state

• Join country clubs, social clubs, etc.

• Host family gatherings in your state of domicile

• Change your car insurance

• Attend a house of worship in that state

• Where your pets are located

Dog Saves Owner $400,000 In Taxes

Probably the most famous court case in this area of the law was the Petition of Gregory Blatt.  New York was challenging Mr Blatt’s change of domicile from New York to Texas.  While he had taken numerous steps to prove domicile in Texas at the end of the day it was his dog that saved him. The State of New York Division of Tax Appeals in February 2017 ruled that “his change in domicile to Dallas was complete once his dog was moved there”.  Mans best friends saved him more than $400,000 in income tax that New York was after him for. 

Audit Risk

When we discuss this topic people frequently ask “what are my chances of getting audited?”  While some audits are completely random, from the conversations that we have had with accountants in this subject area, it would seem that the more you make, the higher the chances are of getting audited if you change your state of domicile.   I guess that makes sense.  If your Mr Blatt and you are paying New York State $100,000 per year in income taxes, they are probably going to miss that money when you leave enough to press you on the issue. But if all you have is a NYS pension, social security, and a few small distributions from an IRA, you might have been paying little to no income tax to New York State as it is, so the state has very little to gain by auditing you.

But one of the biggest “no no’s” is changing your state of domicile on January 1st.  Yes, it makes your taxes easier because you file your taxes in your old state of domicile for last year and then you get to start fresh with your new state of domicile in the current year without having to file two state tax returns in a single year.  However, it’s a beaming red audit flag.  Who actually moves on New Year’s Eve? Not many people, so don’t celebrate your move by inviting a state tax audit from your old state of domicile

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

Advanced Tax Strategies For Inherited IRA's

 Inherited IRA’s can be tricky.  There are a lot of rules surrounding; 

• Establishment and required minimum distribution (“RMD”) deadlines

• Options available to spouse and non-spouse beneficiaries

• Strategies for deferring required minimum distributions

• Special 60 day rollover rules for inherited IRA’s

Establishment Deadline

If the decedent passed away prior to December 31, 2019, as a non-spouse beneficiary you have until December 31st of the year following the decedent’s death to establish an inherited IRA, rollover the balance into that IRA, and begin taking RMD’s based your life expectancy. If you miss that deadline, you are locked into distribution the full balance with a 10 year period.

If the decedent passed away January 1, 2020 or later, with limited exceptions, the inherited IRA rollover option with the stretch option is no longer available to non-spouse beneficiaries.

RMD Deadline - Decedent Passed Away Prior to 12/31/19

If you successfully establish an inherited IRA by the December 31st deadline, if you are non-spouse beneficiary, you will be required to start taking a “required minimum distribution” based on your own life expectancy in the calendar year following the decedent’s date of death.

Here is the most common RMD mistake that is made.  The beneficiary forgets to take an RMD from the IRA in the year that the decedent passes away.  If someone passes away toward the beginning of the year, there is a high likelihood that they did not take the RMD out of their IRA for that year. They are required to do so and the RMD amount is based on what the decedent was required to take for that calendar year, not based on the life expectancy of the beneficiary.  A lot of investment providers miss this and a lot of beneficiaries don’t know to ask this question.  The penalty?  A lovely 50% excise tax by the IRS on the amount that should have been taken.

Distribution Options Available To A Spouse

If you are the spouse of the decedent you have three distribution options available to you: 

• Take a cash distribution

• Rollover the balance to your own IRA

• Rollover the balance to an Inherited IRA

Cash distributions are treated the same whether you are a spouse or non-spouse beneficiary. You incur income tax on the amounts distributed but you do not incur the 10% early withdrawal penalty regardless of age because it’s considered a “death distribution”.  For example, if the beneficiary is 50, normally if distributions are taken from a retirement account, they get hit with a 10% early withdrawal penalty for not being over the age of 59½.  For death distributions to beneficiaries, that 10% penalty is waived. 

#1 Mistake Made By Spouse Beneficiaries

This exemption of the 10% early withdrawal penalty leads me to the number one mistake that we see spouses make when choosing from the three distribution options listed above.   The spouse has a distribution option that is not available to non-spouse beneficiaries which is the ability to rollover the balance to their own IRA.  While this is typically viewed as the easiest option, in many cases, it is not the most ideal option.  If the spouse is under 59½, they rollover the balance to their own IRA, if for whatever reason they need to access the funds in that IRA, they will get hit with income taxes AND the 10% early withdrawal penalty because it’s now considered an “early distribution” from their own IRA. 

Myth: Spouse Beneficiaries Have To Take RMD’s From Inherited IRA’s

Most spouse beneficiaries make the mistake of thinking that by rolling over the balance to their own IRA instead of an Inherited IRA they can avoid the annual RMD requirement.  However, unlike non-spouse beneficiaries which are required to take taxable distributions each year, if you are the spouse of the decedent you do not have to take RMD’s from the inherited IRA unless your spouse would have been age 70 ½ if they were still alive.  Wait…..what?

Let me explain.  Let’s say there is a husband age 50 and a wife age 45. The husband passes away and the wife is the sole beneficiary of his retirement accounts.  If the wife rolls over the balance to an Inherited IRA, she will avoid taxes and penalties on the distribution, and she will not be required to take RMD’s from the inherited IRA for 20 years, which is the year that their deceased spouse would have turned age 70 ½.   This gives the wife access to the IRA if needed prior to age 59 ½ without incurring the 10% penalty.

Wait, It Gets Better......

But wait, since the wife was 5 years young than the husband, wouldn’t she have to start taking RMD’s 5 years sooner than if she just rolled over the balance to her own IRA?  If she keeps the balance in the Inherited IRA the answer is “Yes” but here is an IRA secret. At any time, a spouse beneficiary is allowed to rollover the balance in their inherited IRA to their own IRA.   So in the example above, the wife in year 19 could rollover the balance in the inherited IRA to her own IRA and avoid having to take RMD’s until she reaches age 70½.  The best of both worlds. 

Spouse Beneficiary Over Age 59½

If the spouse beneficiary is over the age of 59½ or you know with 100% certainty that the spouse will not need to access the IRA assets prior to age 59 ½ then you can simplify this process and just have them rollover the balance to their own IRA.  The 10% early withdrawal penalty will never be an issue. 

Non-Spouse Beneficiary Options

As mentioned above, the distribution options available to non-spouse beneficiaries were greatly limited after the passing of the SECURE ACT by Congress on December 19, 2019.  For most individuals that inherit retirement accounts after December 31, 2019, they will now be subject to the new "10 Year Rule" which requires non-spouse beneficiary to completely deplete the retirement account 10 years following the year of the decedents death.

For more on the this change and the options available to Non-Spouse beneficiaries in years 2020 and beyond, please read the article below: 

https://www.greenbushfinancial.com/new-rules-for-non-spouse-beneficiaries-of-retirement-accounts-starting-in-2020/ 

60 Day Rollover Mistake

There is a 60 day rollover rule that allows the owner of an IRA to take a distribution from an IRA and if the money is deposited back into the IRA within 60 days, it’s like the distribution never happened. Each taxpayer is allowed one 60 day rollover in a 12 month period.  Think of it as a 60 day interest free loan to yourself. 

Inherited IRA’s are not eligible for 60 day rollovers.  If money is distributed from the Inherited IRA, the rollover back into the IRA will be disallowed, and the individual will have to pay taxes on the amount distributed. 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

The Accountant Put The Owner’s Kids On Payroll And Bomb Shelled The 401(k) Plan

Big Issue

The higher $12,000 standard deduction for single filers has produced an incentive in some cases for business owners to put their kids on the payroll in an effort to shift income out of the owner’s high tax bracket into the children’s lower tax bracket.  However, there was a non-Wojeski accountant that advised his clients not only to put his kids on the payroll but also to have their children put all of that W2 compensation in the company’s 401(k) plan as a Roth deferral.

At first look it would seem to be a dynamite tax strategy but this strategy blew up when the company got their year end discrimination testing back for the 401(k) plan and all of the executives, including the owner, were forced to distribute their pre-tax deferrals from the plan due to failed discrimination testing.  It created a huge unexpected tax liability for the owners and all of the executives completely defeating the tax benefit of putting the kids on payroll.  Not good!!

Why This Happened

If your client sponsors a 401(k) plan and they are not a “safe harbor plan”, then each year the plan is subject to “discrimination testing”.  This discrimination testing is to ensure that the owners and “highly compensated employees” are not getting an unfair level of benefits in the 401(k) plan compared to the rest of the employees.  They look at what each employee contributes to the plan as a percent of their total compensation for the year.  For example, if you make $3,000 in employee deferrals and your W2 comp for the year is $60,000, your deferral percentage is 5%. 

They run this calculation for each employee and then they separate the employees into two groups: “Highly Compensated Employees” (HCE) and “Non-Highly Compensation Employees” (NHCE).  A highly compensated employee is any employee that in 2019: 

• is a 5% or more owner, or

• Makes $125,000 or more in compensation

They put the employees in their two groups and take an average of each group.  In most cases, the HCE’s average cannot be more than 2% higher than the NHCE average.  If it is, then the HCE’s get pre-tax money kicked back to them out of the 401(k) plan that they have to pay tax on. It really ticks off the HCE’s when this happens because it’s an unexpected tax bill. 

Little Known Attribution Rule

ATTRIBUTION RULE:  Event though a child of an owner may not be a 5%+ owner or make more than $125,000 in compensation, they are automatically considered an HCE because they are related to the owner of the business. So in the case that I referred above, the accountant had the client pay the child $12,000 and defer $12,000 into the 401(k) plan as a Roth deferral making their deferral percentage 100% of compensation.  That brought the average for the HCE way way up and caused the plan fail testing.

To make matters worse, when 401(k) refunds happen to the HCE’s they do not go back to the person that deferred the highest PERCENTAGE of pay, they go to the person that deferred the largest DOLLAR AMOUNT which was the owner and the other HCE’s that deferred over $18,000 in the plan each.

How To Avoid This Mistake

Before advising a client to put their children on payroll and having them defer that money into the 401(k) plan, ask them these questions: 

• Does your company sponsor a 401(k) plan?

• If yes, is your plan a “safe harbor 401(k) plan?

If the company sponsors a 401(k) plan AND it’s a safe harbor plan, you are in the clear with using this strategy because there is no discrimination testing for the employee deferrals.

If the company sponsors a 401(k) plan AND it’s NOT a safe harbor plan, STOP!! The client should either consult with the TPA (third party administrator) of their 401(k) plan to determine how their kids deferring into the plan will impact testing or put the kids on payroll but make sure they don’t contribute to the plan.

Side note, if the company sponsors a Simple IRA, you don’t have to worry about this issue because Simple IRA’s do not have discrimination testing. The children can defer into the retirement plan without causing any issues for the rest of the HCE’s.

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

Will There Be A Santa Claus Rally This Year?

Going back 120 years, December has traditionally been a very good month for the stock market.  Within the last 120 years the S&P 500 has been positive in December 73% of the time.  The Russell 2000, which is the index for small cap stocks, has been up 87% of the time in December.   This boost in the final month of the year is known to traders as the “Santa Claus Rally”.  Should investors expect a Santa Claus rally in 2018 given the recent sell off in the markets?  The answer may hinge on the results of the Federal Reserve Meeting on December 19th. 

The Fed Decision

The fate of the Santa Claus rally may very well be in the hands of the Federal Reserve Committee this year.   The Committee’s decision regarding the Fed Fund Rate could either cause the market to rally if the Fed decides to keep rates unchanged or it could push the markets lower if they decide to move forward with the anticipated quarter point rate hike.   The Fed has a really tough decision to make this year.  The goal of the Fed is to keep interest rates at a level that promotes full employment and a target inflation rate of 2%.  In periods of economic expansion, it’s the Fed’s job to make sure the economy does not overheat which in turn could lead to prices of goods and services in the U.S. spiraling out of control.

Over the past few years, the U.S. economy has continued to expand and the Fed has been raising rates in quarter point increments.  A very slow pace by historic standards.   The Fed has already raised the Fed Funds Rate three times in 2018. What are the chances that the Fed raises rates again in December?

Solid Employment & Inflation In Check

The good news is there is not a lot of pressure for the Fed to raise rates in December.  As of October, the unemployment rate sits at 3.7% and the employment data that we have seen throughout November has been strong.  Historically, a strong job market usually results in higher wages for employees which is the main driver of inflation.  So in the current economic environment, the Fed’s main focus is keeping inflation within its 2% target range.  The Fed’s measuring stick for the rate of inflation is the Personal Consumption Expenditures Index.  Otherwise known as the “PCE”.

There is a “Headline PCE” and a “Core PCE”.  The Core PCE excludes prices for food and energy which is the Fed’s main barometer. Why does the Fed use Core PCE?  Food and Energy prices can fluctuate significantly over short periods of time which can distort the results of the PCE index.

Below is a chart of both the Headline PCE and the Core PCE:

As you can see in the chart, the blue line that represents the Core PCE is right below the Fed’s 2% target.  The PCE index is reported monthly and in October the PCE came in at a year-over-year change of 1.97%.  Also you will see in the chart, due to the drop in the price of oil over the past two months, the Headline PCE is also dropping.  While Headline PCE is not the Fed’s main measuring stick, there does seem to be a correlation between Headline PCE and Core PCE.  It makes sense because regardless of the price of the product that you are taking a sample of, that product needs to be transported from the producer to the end user, and that transportation cost, which is largely influenced by the price of oil, will have an impact on the price of product within the Core PCE index.

This is good news for the stock market going into the December Fed meeting. With the Core PCE running just below the Fed’s target 2% rate and the Headline PCE declining, there is not a big push for the Fed to raise the Fed Funds Rate in December.  I would even make the argument that raising the Fed Funds Rate in December would be a mistake.

The Fed & The Stock Market

The Fed is not a slave to the stock market. It’s not the Fed’s job to make sure the stock market continues to go up. Just because the stock market has experienced a large sell off over the past two months does not mean that the Fed will come to the market’s rescue and not raise rates.  But remember, the Fed’s job is to keep the U.S. economy at full employment and keep inflation in check.   Since inflation remains in check, it would seem that the prudent decision would be for the Fed to pause in December.  If the Fed decides to raise rates in December, I have a difficult time understanding the catalyst for that decision. 

Drivers Of The Recent Sell Off

It’s been a frustrating year for investors.  Over the past 7 weeks, the U.S. large cap index, mid cap index, and small cap index have forfeited all of their gains for the year.  International equity markets have been crushed this year.  In a year like this, normally investors could turn to the bond portion of their portfolio for some support but that has not been the case this year either. The Barclays US Aggregate Bond index is down 2.38% year-to-date in 2018.    It’s been a return drought this year with a double dose of volatility.

While the rapid rise in interest rates at the beginning of October may have triggered the market sell off, the downturn has been sustained by revisions to the forward guidance offered by corporations within their third quarter earnings report.  While it has been another solid quarter of earnings for U.S. corporations, many of the companies that have been leading the bull market rally revised their forward earnings guidance down for the next few quarters.    U.S. corporations seem to be embracing the uncertainty created by the trade wars and the tight labor market going into 2019.

It’s important to understand that as of today corporate earnings have not fallen short of expectations.  As of November 14, 2018,  456 of the 500 companies in the S&P 500 had reported 3rd quarter earnings.     77.6% of those companies reported earnings above analyst expectations.  This is above the long-term average of 64% and in line with the prior four quarter averaging of 77% exceeding expectations.

What really changed was the gross revenue numbers.  Of those 456 companies that reported, 60.4% of those companies reported Q3 revenue above analyst expectations.  That puts it in-line with the long-term average of 60% but below the average of the prior four quarters at 73%.  While the U.S. economy continues to show strength, U.S. corporations have largely built an “earnings buffer” into their forecasts.

Economic Expansions Do Not Die Of Old Age

Everyone is on the lookout for the next recession.   Each market sell off that we experience in this prolonged bull market rally makes investors question if they should run for hills.  As one would expect, as you enter the later innings of an economic expansion the markets will begin to become more volatile.   It’s easy for investors to hold their positions when the markets are going straight up with no volatility like 2017. It’s much more difficult to hold positions when it feels like you’re on a boat, in a storm, in the middle of an ocean.   The temptation to try and jump in and out of the market in these volatile market conditions becomes much greater.

It’s very difficult to predict the future direction of the stock market using the recent fluctuations in the stock market as your barometer for future performance.   If we look at many of the economic expansions in the past, we historically do not enter recession because the market calls it a day and just decides to go into a downward death spiral.  In the past, there was typically a single event or a series of events that caused the economy to go from a period of expansion to a period of contraction.  It’s for this reason that during these periods of heightened volatility that we rely heavily on the economic indicators that we track to determine how worried we should really be.

One of the main indicators that we track that I have shown you in previous updates is the Composite of Leading Indicators.   It aggregates a number of forward looking economic and market indicators in an effort to provide a measurement of the health of the U.S. economy.   See the chart below.

Each of the light blue areas shows when a recession took place going back to 1970.   As you will see, in most cases this indicator turned negative before the economy entered a recession.  If you look at what this indicator is telling us now, not only is the U.S. economy healthy, but over the past year it has strengthened.  If you look at where we are now, there has never been a time since 1970 that this economic indicator has been at its current level, and a recession just shows up out of nowhere 12 months later.

Conclusion

We have no way of knowing what action the Fed will take on December 19th.  However, given the tame level of inflation and the 3.7% unemployment rate, we would not be surprised if the Fed pauses at the December meeting which could lead to a health rally for the markets in December.   Even if the Fed throws the market a curve ball and moves forward with the quarter point rate hike, while this move may seal the markets hopes of posting a positive return for the 2018 calendar year, the economy is still healthy, the probability of a recession within the next 12 months is still very low, and interest rates, although rising, are still at historically low levels.  This economic environment may reward investors that have the discipline to make sound investment decision during these periods of heightened market volatility.   The “easy years” are clearly behind us but that does not mean that the economic expansion is over. Have a safe and happy Thanksgiving everyone!! 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.

Navigating Student Loan Repayment Programs

I had the fortunate / unfortunate experience of attending a seminar on the various repayment programs available to young professionals and the parents of these young professionals with student loan debt.  I can summarize it in three words: “What a mess!!”    As a financial planner, we are seeing firsthand the impact of the mounting student loan debt epidemic.  Only a few years ago, we would have a handful of young professional reach out to us throughout the year looking for guidance on the best strategy for managing their student loan debt.  Within the last year we are now having these conversations on a weekly basis with not only young professionals but the parents of those young professional that have taken on debt to help their kids through college.   It would lead us to believe that we may be getting close to a tipping point with the mounting student loan debt in the U.S.

While you may not have student loans yourself, my guess is over next few years you will have a friend, child, nephew, niece, employee, or co-working that comes to you looking for guidance as to how to manage their student loan debt.  Why you?  Because there are so many repayment programs that have surfaced over the past 10 years and there is very little guidance out there as to how to qualify for those programs, how the programs work, and whether or not it’s a good financial move.  So individuals struggling with student loan debt will be looking for guidance from people that have been down this road before.  This article is not meant to make you an expert on these programs but is rather meant to provide you with an understanding of the various options that are available to individuals seeking help with managing the student loan debt.

Student Loan Delinquency Rate: 25%

While the $1.5 Trillion dollars in outstanding student loan debt is a big enough issue by itself, the more alarming issue is the rapid rise in the number of loans that are either in delinquency or default. That statistic is 25%.  So 1 in every 4 outstanding student loans is either behind in payments or is in default.   Even more interesting is we are seeing a concentration of delinquencies in certain states. See the chart below: 

Repayment Program Options

Congress in an effort to assist individuals with the repayment of their student loan debt has come out with a long list of repayment programs over the past 10 years.  Upfront disclosure, navigating all of the different programs is a nightmare.   There is a long list of questions that come up like:

Does a “balanced based” or “income based” repayment plan make the most sense?

What type of loan do you have now?

It is a federal or private loan?

When did you take the loan?

Who do you currently work for?

What is current interest rate on your loan?

What is your income?

Are you married?

Because it’s such an ugly process navigating through these programs and more and more borrowers are having trouble managing their student loan debt, specialists are starting to emerge that know these programs and can help individuals to identify which programs is right for them.  Student loan debt management has become its own animal within the financial planning industry.

Understanding The Grace Period

Before we jump into the programs, I want to address a situation that we see a lot of young professional getting caught in.   Most students are aware of the 6 month grace period associated with student loan payment plans.  The grace period is the 6 month period following graduation from college that no student loan payments are due.  It gives graduates an opportunity to find a job before their student loan payments begin.  What many borrowers do not realize is the “grace period’ is a one-time benefit.  Meaning if you graduate with a 4 year degree, use your grace period, but then decide to go back  for a master degree, you can often times put your federal student loans in a “deferred status” while you are obtaining your master degree but as soon as you graduate, there is no 6 month grace period.  Those student loan payments begin the day after you graduate because you already used your 6 month grace period after your undergraduate degree.  This can put students behind the eight ball right out of the gates. 

What Type Of Loan Do You Have?

The first step is you have to determine what type of student loan you have.  There are two categories:  Federal and Private.  The federal loans are student loans either issued or guaranteed by the federal government and they come in three flavors:  Direct, FFEL, and Perkins.  Private loans are student loans issued by private institutions such as a bank or a credit union.

If you are not sure what type of student loan you have you should visit www.nslds.ed.gov.   If you have any type of federal loan it will be listed on that website. You will need to establish a login and it requires a FSA ID which is different than your Federal PIN.  If your student loan is not listed on that website, then it’s a private loan and it should be listed on your credit report.

In general, if you have a private loan, you have very few repayment options.  If you have federal loans, there are a number of options available to you for repayment.

Parties To The Loan

There are four main parties involved with student loans: 

• The Lender

• The Guarantor

• The Servicer

• The Collection Agency

The lender is the entity that originates the loan.  If you have a “direct loan”, the lender is the Department of Education.  If you have FFEL loan, the lender is a commercial bank but the federal government serves as the “Guarantor”, essentially guaranteeing that financial institutions that the loan will be repaid.

Most individuals with student loan debt or Plus loans will probably be more familiar with the name of the loan “Servicer”.  The loan servicer is a contractor to the bank or federal government, and their job is to handle the day-to-day operations of the loan.  The names of these servicer’s include: Navient, Nelnet, Great Lakes, AES, MOHELA, HESC, OSLA, and a few others.

A collection agency is a third party vendor that is hired to track down payments for loans that are in default.

Balance-Based Repayment Plans

These programs are your traditional loan repayment programs.  If you have a federal student loan, after graduate, your loan will need to be repaid over one of the following time periods: 10 years, 25 years, or 30 years with limitations.  The payment can either be structure as a fixed dollar amount that does not change for the life of the loan or a “graduated payment plan” in which the payments are lower at the beginning and gradually get larger.

While it may be tempting to select the “graduated payment plan” because it gives you more breathing room early on in your career, we often caution students against this.  A lot can happened during your working career.  What happens when 10 years from now you get unexpectedly laid off and are out of work for a period of time?  Those graduated loan payments may be very high at that point making your financial hardship even more difficult.

Private loan may not offer a graduated payment option.  Since private student loans are not regulated by any government agency they get to set all of the terms and conditions of the loans that they offer.

From all of the information that we have absorbed, if you can afford to enroll in a balanced based repayment plan, that is usually the most advantageous option from the standpoint of paying the least interest during the duration of the loan.

Income-Driven Repayment Program

All of the other loan repayment programs fall underneath the “income based payment” category, where your income level determines the amount of your monthly student loan payment within a given year.   To qualify for the income based plans, your student loans have to be federal loans.  Private loans do not have access to these programs.   Many of these programs have a “loan forgiveness” element baked into the program.  Meaning, if you make a specified number of payments or payments for a specified number of years, any remaining balance on the student loan is wiped out.   For individuals that are struggling with their student loan payments, these programs can offer more affordable options even for larger student loan balances.  Also, the income based payment plans are typically a better long-term solution than “deferments” or “forbearance”.

Here is the list of Income-Driven Repayment Programs:

• Income-Contingent Repayment (ICR)

• Income-Based Repayment (IBR)

• Pay-As-You-Earn (PAYE)

• Revised Pay-As-You-Earn (REPAYE)

Each of these programs has a different income formula and a different set of prerequisites for the type of loans that qualify for each program but I will do a quick highlight of each program.  If you think there is a program that may fit your circumstances I encourage you to visit https://studentaid.ed.gov/sa/

We have found that borrowers have to do a lot of their own homework when it comes to determining the right program for their personal financial situation.  The loan servicers, which you would hope have the information to steer you in the right direction, up until now, have not been the best resource for individuals with student loan debt or parent plus loans.  Hence, the rise in the number of specialists in the private sector now serving as fee based consultants.

Income-Contingent Repayment (ICR)

This program is for Direct Loans only.  The formula is based on 20% of an individual’s “discretionary income” which is the difference between AGI and 100% of federal poverty level.  For a single person household, the 2018 federal poverty level is $12,140 and it changes each year.  The formula will result in a required monthly payment based on this data.  Once approved you have to renew this program every 12 months. Part of the renewal process in providing your most up to date income data which could change the loan payment amount for the next year of the loan repayment.  After a 25-years repayment term, the remaining balance is forgiven but depending on the tax law at the time of forgiveness, the forgiven amount may be taxable.   The ICR program is typically the least favorable of the four options because the income formula usually results in the largest monthly payment.

However, this program is one of the few programs that allows Parent PLUS borrowers but they must first consolidate their federal loans via the federal loan consolidation program.

Income-Based Repayment (IBR)

This program is typically more favorable than the ICR program because a lower amount of income is counted toward the required payment.  Both Direct and FFEL loans are allowed but Parent Plus Loans are not.   The formula takes into account 15% of “discretionary income” which is the difference between AGI and 150% of the federal poverty level.  If married it does look at your joint income unless you file separately.   Like the ICR program, the loan is forgiven after 25 years and the forgiveness amount may be taxable income. 

Pay-As-You-Earn (PAYE)

This plan is typically the most favorable plan for those that qualify.  This program is for Direct Loans only. The formula only takes into account 10% of AGI.  The forgiveness period is shortened to 20 years.  The one drawback is this program is limited to “newer borrowers”.  To qualify you cannot have had a federal outstanding loan as of October 1, 2007 and it’s only available for federal student loans issued after October 1, 2011.  Joint income is takes into account for married borrowers unless you file taxes separately. 

Revised Pay-As-You-Earn (REPAYE)

Same as PAYE but it eliminates the “new borrower” restriction.  The formula takes into account 10% of AGI.  The only difference is for married borrowers, it takes into account joint income regardless of how you file your taxes. So filing separately does not help.   The 20 year forgiveness is the same at PAYE but there is a 25 year forgiveness if the borrow took out ay graduate loans. 

Loan Forgiveness Programs

There are programs that are designed specifically for forgive the remaining balance of the loan after a specific number of payment or number of years based on a set criteria which qualifies an individual for these programs.  Individuals have to be very careful with “loan forgiveness programs”.  While it seems like a homerun having your student loan debt erase, when these individuals go to file their taxes they may find out that the loan forgiveness amount is considered taxable income in the tax year that the loan is forgiven. With this unexpected tax hit, the celebration can be short lived. But not all of the loan forgiveness programs trigger taxation.   Here are the three loan forgiveness programs: 

• Public Service Loan Forgiveness

• Teacher Loan Forgiveness

• Perkins Loan Forgiveness

Following the same format as above, I will provide you with a quick summary on each of these loan forgiveness programs with links to more information on each one. 

Public Service Loan Forgiveness

This program is only for Direct Loans. To qualify for this loan forgiveness program, you must be a full-time employee for a “public service employer”. This could be a government agency, municipality, hospital, school, or even a 501(C)(3) not-for-profit. You must be enrolled in one of the federal repayment plans either balanced-based or income driven. Once you have made 120 payments AFTER October 1, 2007, the remaining balance is forgiven. Also the 120 payments do not have to be consecutive. The good news with this program is the forgiven amount is not taxable income. To enroll in the plan you have to submit the Public Service Loan Forgiveness Employment Certification Form to US Department of Education. See this link for more info: https://studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/public-service

Teacher Loan Forgiveness

This program is for Federal Stafford loans issued after 1998.  You have to teach full-time for five consecutive years in a “low-income” school or educational services agency to qualify for this program.  The loan forgiveness amount is capped at either $5,000 or $17,000 based on the subject area that you teach.   https://studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/teacher#how-much

As special note, even though teachers may also be considered “Public Service” employees, you cannot make progress toward the Teacher Loan Forgiveness Program and the Public Service Loan Forgiveness Program at the same time.

To apply for this program, you must submit the Teacher Loan Forgiveness Application to your loan servicer.

Perkins Loan Forgiveness

As the name suggests, this program is only available for Federal Perkins Loans. Also, it’s only available to certain specific full-time professions. You can find the list by clicking on this link:  https://studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/perkins

The Perkins forgiveness program can provide up to 100% forgiveness in 5 years with NO PAYMENTS REQUIRED.  To apply for this program you have complete an application through the school, if they are the lender, or your loan servicer.

Be Careful Consolidating Student Loans

Young professionals have to be very careful when consolidating student loan debt.  One of the biggest mistakes that we see borrows without the proper due diligence consolidate their federal student loans with a private institution to take advantage of a lower interest rate.   Is some cases it may be the right move but as soon as this happen you are shut out of any options that would have been available to you if you still had federal student loans.  Before you go from a federal loan to a private loan, make sure you properly weigh all of your options.

If you already have private loans and you want to consolidate the loans with a different lender to lower interest rate or obtain more favorable repayment term, there is typically less hazard in doing so.

You are allowed to consolidate federal loans within the federal system but it does not save you any interest. They simply take the weighted average of all the current interest rate on your federal loans to reach the interest rate on your new consolidated federal student loan.

Defaulting On A Student Loan

Defaulting on any type of loan is less than ideal but student loans are a little worse than most loans.  Even if you claim bankruptcy, there are very few cases where student loan debt gets discharged in a bankruptcy filing. For private loans, not only does it damage your credit rating but the lender can sue you in state court. Federal loans are not any better.  Defaulting on a federal loan will damage your credit score but the federal government can go one step further than private lenders to collect the unpaid debt. They have the power to garnish your wages if you default on a federal loan. 

About Michael……...

Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.