writes:
> Rich Carreiro <rlc-> writes:
>
>> Yes, if current law remains unchanged. But who knows? I certainly
>> won't be shocked if down the road any or all of the following happen
>> as the government becomes desperate for cash to try to prevent its
>> financial collapse:
>
>> * Roth IRA distributions treated as income for purpose of computing
>> taxable portion of SS benefits.
>
> This seems likely. As do some other possibilities which
> will effectively start to make SS a bit more means-tested.
Though I think that they'd only count for that calculation the portion
of the distribution allocable to earning. I don't think they'd be
able to get away with subjecting the part of the distribution that
represents a return of contributions to any tax, even an indirect one
like the SS taxability calculation. (At least not until the
desperation level gets really, really high.)
Though I wouldn't be surprised if hand-in-hand with this the
distribution ordering rules are changed so that they are in line with
trad IRAs -- distributions are pro-rata a return of contributions and
a distribution of earnings, rather than the current rules where
contributions/conversions come out first and only when they've all
been recovered are earnings deemed to come out.
>> * Roth IRA distributions treated as an AMT preference item.
>
> This one seems pretty unlikely, but I could certainly be way
> off. It would be pretty outrageous. Basically it would make
> Roth distributions taxable outright.
Well, see above. I think the only part that would be the preference
item would be the portion of the distribution allocable to earnings,
not the whole distribution. (At least until the fecal matter really
strikes the rotary air distribution unit

.
>> * Roth IRAs effectively turned into non-deductible trad IRAs
>> by having earnings become taxable with withdrawn.
>
> That would be ugly. Especially for anyone who could have
> had a traditional deductible IRA, that would make, retroactively,
> the Roth to be very much worse than the traditional would
> have been.
Well, this could be done piecemeal. The value of all your Roth IRAs
as of the date of enactment of the proposed law could be
grandfathered, but any earnings after the enactment of the law would
be taxable on distribution.
I also expect that even if Roth IRAs are never subject to any
additional tax, RMDs will eventually be applied to them to force the
money back into the regular, taxable world, rather than letting them
be stretched out for decades via young beneficiaries (I know
beneficiaries are subject to MRDs on inherited Roths, but the
withdrawal rate is generally going to be a lot lower than it would
have been to the decedent if MRDs applied to Roth owners.)
> I like the idea of making Roth conversions opportunistically -
> say you have a low-income year when between jobs - to take
> best advantage of low-tax times. But not to rush into the
Another trick to consider if you have a high trad IRA balance with
significant embedded non-deductible contributions and access to a
401(k), either a typical 401(k) with your employer or a "solo" 401(k),
that accepts roll-ins from trad IRAs, is to roll only the pre-tax trad
IRA money (deductible contributions and earnings) into the 401(k),
leaving the after-tax money behind in the trad IRA. Then convert the
trad IRA to a Roth at little or no tax cost. This is a nice way to
get non-ded trad IRA contributions into a Roth.
And yes, this can actually be done, believe it or not. I guess it
hasn't been written about in the WSJ enough for the IRS to seek to
wipe it out yet 1/2

. But there is some subtlety and red tape. I
believe Kaye Thomas and Ed Slott have written about what you need to
do.
It's also nice because if your situation is such that you're
ineligible to make deductible trad IRA contributions and ineligible to
make Roth IRA contributions due to AGI, then once you've cleared away
your trad IRAs, you can effectively make Roth contributions by making
a non-ded contrib to the trad IRA and immediately converting it to the
Roth.
--
Rich Carreiro
rlc-