The SECURE Act Is A Financial Planning “Game Changer”.

And, there are implications many have missed.

Jim Lorenzen, CFP®, AIF®

Why did congress pass The SECURE Act?

Simple.  This major change will bring in $15.7 billion in tax revenue by 2029, according to the joint committee on taxation in their report on the bill, H.R. 1994.   And, guess whose money they want?   Yes, yours.

The administration, of course, is looking for ways to address the debt by raising revenue without actually talking much about the debt.  They’re even kicking the can down the road on taxes, talking about making the current tax-cuts “permanent” – as if Washington had ever passed a permanent tax bill; it’s “Washington-speak”.  The current tax law is set to “sunset”, i.e., expire in 2026, taking us all back to the pre-2017 tax rates.   Permanency would be achieved by removing the sunset date.  So far, so good; but, if you’re one of those planning for the next two decades, you should be thinking about what the next ten congressional elections might bring. 

The Stretch IRA is all but eliminated.  Under the old law, an heir could inherit an IRA and stretch the RMDs over his/her life expectancy.   Okay, considering the inheritance will probably take place during their peak earning years.   So, a $17,000 RMD on a $500,000 IRA (purely hypothetical) won’t make much difference.   However, under The SECURE Act the inheritor must liquidate the IRA by the 10th year.   There’s NO RMD REQUIREMENT, so, the heir could let the IRA grow until the last year—but, then would be required to withdraw ALL funds in one year—talk about playing roulette with what the tax laws will be when the entire balance is added to that year’s income for calculating the tax bill.   Alternatively, the heir could take a 10% yearly distribution, for example.   But, in our example, that would add $50,000 each year to taxable income during what would likely be the heir’s peak earning years!

For the owner of a traditional IRA, remember that RMDs are considered in two other areas:  (1) how much of Social Security income will be subject to taxation, and (2) as income for determining your Medicare Part B premiums.  Oh, yes, high income in retirement means higher Part B premiums.

It’s a good time, especially for those with substantial incomes, to do some planning.

Jim

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Interested in becoming an IFG client?  Why play phone tag?  Schedule your 15-minute introductory phone call!

Jim Lorenzen, CFP®, AIF®

Jim Lorenzen is a CERTIFIED FINANCIAL PLANNER® professional and An Accredited Investment Fiduciary® in his 21st year of private practice as Founding Principal of The Independent Financial Group, a fee-only registered investment advisor with clients located in New York, Florida, and California. He is also licensed for insurance as an independent agent under California license 0C00742.  IFG helps specializes in crafting wealth design strategies around life goals by using a proven planning process coupled with a cost-conscious objective and non-conflicted risk management philosophy.

The Independent Financial Group does not provide legal or tax advice and nothing contained herein should be construed as securities or investment advice, nor an opinion regarding the appropriateness of any investment to the individual reader. The general information provided should not be acted upon without obtaining specific legal, tax, and investment advice from an appropriate licensed professional.

The Stretch IRA is Gone. Now What?

There are three alternatives you can use!

Jim Lorenzen, CFP®, AIF®

The SECURE Act has changed the game.  I discussed the things you need to know in a previous post; but maybe the biggest game-changer, especially for parents who were planning on leaving substantial nest-eggs to their kids, is the elimination of Stretch IRAs.  The big unexpected inheritor just might be Uncle Sam.

Before the SECURE Act, the child could take required minimum distributions (RMDs) based on his/her own life expectancy.  Theoretically, if they inherited early, the RMD would be so small they could actually continue growing the nest egg in perpetuity – even grandchildren could benefit!   No more.  Now, the inherited IRA has to be liquidated in ten years.

The odds are most boomers will die when their children are in their peak earning years.  So, an inherited $500,000 IRA can create some tax problems!  An inheriting child in their 50s, who before the SECURE Act may have taken RMDs in the neighborhood of $17,000, will now be required to take a first RMD of $50,000…. and that’s in addition to their income during their peak earning years.   Add to that the double-whammy that the current tax law sunsets in 2026 and the old 2017 tax brackets come back into effect, and you have a perfect storm  –  I won’t depress you with the outlook for tax legislation in view of the current national debt.

The elimination of the stretch IRA is expected to add $15.7 billion to the federal budget over the next ten years as baby boomers begin the pass away. 

As you can imagine, this has tremendous estate planning ramifications for those  wishing to pass-on wealth to their heirs.  Now that the stretch is gone, here are three you may want to consider.

  • Roth Conversions:  This is an obvious one.   Traditional IRAs may be tax-deferred, but they really should be called “tax-postponed”… until tax brackets are higher (remember the national debt and politician’s desires to spend tax dollars to gain reelection).  If state inheritance taxes are an issue, a conversion could reduce the size of the estate and reduce tax exposure, too.  A conversion may not be the right move for everyone.  There are current tax bracket shift issues that should be considered.
  • Life Insurance:  Death benefits are generally tax-free, i.e.,  not included in the beneficiary’s income.   Use distributions from the IRA to pay the policy and bingo – money goes to the kids and by-passes Uncle Sam.  Depending on age and insurability, there are even advanced designs that could provide with tax-free income during retirement, as well.   It’s not your father’s – or grandfather’s – life insurance anymore.  It has become the ‘swiss army knife’ of financial tools.
  • Charitable Remainder Trusts (CRTs):  Use your IRA to fund a CRT.  This allows parents to create an income stream for their children with part of the IRA while the rest goes to charity.  While the CRT can grow assets tax-free, the kids do pay tax on the income withdrawn.   There are two types:  an annuity trust and a remainder trust.  The first distributes a fixed annuity and doesn’t allow future contributions; the second distributes a fixed percentage of the initial assets and allows for continued contributions.

Naturally, you should discuss anything you’re considering with your financial, tax, and legal advisors before making any moves.   It pays to plan.

Jim

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Interested in becoming an IFG client?  Why play phone tag?  Schedule your 15-minute introductory phone call!

Jim Lorenzen, CFP®, AIF®

Jim Lorenzen is a CERTIFIED FINANCIAL PLANNER® professional and An Accredited Investment Fiduciary® in his 21st year of private practice as Founding Principal of The Independent Financial Group, a fee-only registered investment advisor with clients located in New York, Florida, and California. He is also licensed for insurance as an independent agent under California license 0C00742.  IFG helps specializes in crafting wealth design strategies around life goals by using a proven planning process coupled with a cost-conscious objective and non-conflicted risk management philosophy.

The Independent Financial Group does not provide legal or tax advice and nothing contained herein should be construed as securities or investment advice, nor an opinion regarding the appropriateness of any investment to the individual reader. The general information provided should not be acted upon without obtaining specific legal, tax, and investment advice from an appropriate licensed professional.

Think Giving To Charity Steals From Your Heirs?

Here’s a possible solution!

Jim Lorenzen, CFP®, AIF®

Giving to charity can create significant tax advantages. Many people use real estate and securities to gain these advantages.

If you were to SELL an appreciated asset, the gain would be subject to capital gains tax. However, by donating the appreciated asset to a charity, however, you can receive an income tax deduction equal to the fair market value of the asset and pay no capital gains tax on the increased value.

Example: Alan purchased $25,000 of publicly-traded stock several years ago. That stock is now worth $100,000. If he sells the stock, he must pay capital gains tax on the $75,000 gain. However, Alan can donate the stock to a qualified charity and, in turn, receive a $100,000 charitable income tax deduction. When the charity then sells the stock, no capital gains tax is due on the appreciation.

This may create a problem, however. When Alan made this gift to charity, his family is deprived of those assets that they might otherwise have received.

Potential solution: In order to replace the value of the assets transferred to a charity, the Alan establishes a second trust – an irrevocable life insurance trust – and the trustee acquires life insurance on Alan’s life in an amount equal to the value of the charitable gift. Using the charitable deduction income tax savings and any annual cash flow from a charitable trust or charitable gift annuity, Alan makes gifts to the irrevocable life insurance trust that are then used to pay the life insurance policy premiums. At Alan’s death, the life insurance proceeds generally pass to the his heirs free of income tax and estate tax, replacing the value of the assets that were given to the charity. Not bad!

—————

Interested in becoming an IFG client?  Why play phone tag?  Schedule your 15-minute introductory phone call!

Jim Lorenzen, CFP®, AIF®

Jim Lorenzen is a CERTIFIED FINANCIAL PLANNER® professional and An Accredited Investment Fiduciary® in his 21st year of private practice as Founding Principal of The Independent Financial Group, a fee-only registered investment advisor with clients located in New York, Florida, and California. He is also licensed for insurance as an independent agent under California license 0C00742.  IFG helps specializes in crafting wealth design strategies around life goals by using a proven planning process coupled with a cost-conscious objective and non-conflicted risk management philosophy.

The Independent Financial Group does not provide legal or tax advice and nothing contained herein should be construed as securities or investment advice, nor an opinion regarding the appropriateness of any investment to the individual reader. The general information provided should not be acted upon without obtaining specific legal, tax, and investment advice from an appropriate licensed professional.