Structuring IRA Distributions To Avoid Penalties - Safe Harbor Planning: Some Useful Methods
IRA distribution rules are a mine field. One wrong move and you could discover yourself faced with high taxes and penalties that could wipe out years of savings and investment. Complicating issues is the Darwinian evolution of IRAs that have taken place since the pioneer IRA was launched in 1974 with the enactment of the Employee Retirement Income Security Act (ERISA ). Since '74, IRA regulations have changed dramatically and legislation was enacted to rigorously punish those who do not follow the regulations, to the letter of the rule. IRAs come in many flavors but, for purposes of this article we'll focus on the 2 key types of IRAs: Traditional IRAs and Roth IRAs.
Methods for Minimizing Penalties on Early Distributions
Usually, any distribution from an IRA before you reach age 59 1/2 is considered an early distribution and is matter of a ten percent penalty on the taxable amount received in a distribution. There're certain IRA distribution rules that could be used to avoid the imposition of this early withdrawal penalty.
1. Using IRA Money to Purchase or Build Your First Home - Up to $10,000 might be withdrawn from an IRA as an early distribution penalty-free, so long as the distribution is used to purchase, build or rebuild a first home for yourself, your wife, you or your spouse's child, you or your spouse's grandchild or you or your spouse's parent or ancestor.
2. Using IRA Money for Medicinal Costs - Penalty-free early distributions can be made if the funds are used to pay unreimbursed medical bills which exceed 7.5 % of your adjusted gross income. There's no requirement to itemize deductions to qualify for this exception.
3. Using IRA Money for School Expenses - Conventional IRAs can be also tapped to aid fund academy expenses; however, the taxable amount of the distributions from these IRAs will be subject to income tax in the year of the distribution.
Roth IRA distribution rules
Roth IRAs have unique rules with respect to distributions. Contributions withdrawn are not subject to the ten percent penalty and there's no RMD with Roth IRAs. In order for Roth IRA earnings distributions to be tax-free, the account must have been opened for five years and the distributions must be made after reaching age 59 1/2. If you fullfil the 5-year rule but not the 59 1/2 year rule, distributions in excess of your contributions will be taxable and matter of a 10% penalty.
1. No RMD - With Roth IRAs, there is no RMD at age 70 1/2. This means a Roth IRA owner is never needed to make a distribution out of their Roth IRA. Because of this, Roth IRAs can grow, untaxed, during the lifetime of the owner, allowing a larger legacy for their beneficiaries.
2. Zero Percent Effective Tax Rate - Qualified distributions from Roth IRAs are not matter of income tax...ever. This means you're unaffected by future tax increases as your effective tax rate is always the same...zero.
3. Conversion Possibilities - Beginning after January 1, 2010 anybody, irrespective of their earnings level, may convert traditional IRAs into Roth IRAs. The tax on the taxable income for 2010 conversions can be deferred into 2011 and 2012. If you don't have enough money set aside to do a 100% conversion you can do partial conversions.
4. School Expenses - As Roth IRA contributions might be withdrawn, tax-free, penalty-free, at any time, this kind of contributions can be a tax-free future funding source for your child's university expenses.