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The American Taxpayer
Relief Act of 2012 (ATRA), enacted to avoid the fiscal cliff, includes
two provisions that may be important to certain IRA owners and
retirement plan participants. The first extends tax-free charitable
contributions from IRAs through 2013, and the second liberalizes the
rules for 401(k), 403(b), and 457(b) in-plan Roth conversions.
Tax-free charitable contributions from IRAs extended once again
Background
The
Pension Protection Act of 2006 first allowed taxpayers age 70½ or older
to exclude from gross income otherwise taxable distributions from their
IRA ("qualified charitable distributions," or QCDs), up to $100,000,
that were paid directly to a qualified charity. The law was originally
scheduled to expire in 2007, but was extended through 2011 by subsequent
legislation. The law has just been extended yet again, retroactively to
2012 and through 2013, by ATRA.
How QCDs work for 2012 and 2013
You
must be 70½ or older in order to make QCDs. You direct your IRA trustee
to make a distribution directly from your IRA (other than SEP and
SIMPLE IRAs) to a qualified charity.* The distribution must be one that
would otherwise be taxable to you. You can exclude up to $100,000 of
QCDs from your gross income in each of 2012 and 2013. If you file a
joint return, your spouse can exclude an additional $100,000 of QCDs in
2012 and 2013. Note: You don't get to deduct QCDs as a charitable
contribution on your federal income tax return--that would be
double-dipping.
QCDs count toward satisfying any required minimum
distributions (RMDs) that you would otherwise have to receive from your
IRA, just as if you had received an actual distribution from the plan.
However, distributions that you actually receive from your IRA
(including RMDs) that you subsequently transfer to a charity cannot
qualify as QCDs.*
Example: Assume that your RMD for 2013, which
you're required to take no later than December 31, 2013, is $25,000. You
receive a $5,000 cash distribution from your IRA in February 2013,
which you then contribute to Charity A. In June 2013, you also make a
$15,000 QCD to Charity A. You must include the $5,000 cash distribution
in your 2013 gross income (but you may be entitled to a charitable
deduction if you itemize your deductions). You exclude the $15,000 of
QCDs from your 2013 gross income. Your $5,000 cash distribution plus
your $15,000 QCD satisfy $20,000 of your $25,000 RMD for 2013. You'll
need to withdraw another $5,000 no later than December 31, 2013, to
avoid a penalty.
Example: Assume you turned 70½ in 2012. You must
take your first RMD (for 2012) no later than April 1, 2013. You must
take your second RMD (for 2013) no later than December 31, 2013. Assume
each RMD is $25,000. You don't take any cash distributions from your IRA
in 2012 or 2013. On March 31, 2013, you make a $25,000 QCD to Charity
B. Because the QCD is made prior to April 1, it satisfies your $25,000
RMD for 2012. On December 31, 2013, you make a $75,000 QCD to Charity C.
Because the QCD is made by December 31, it satisfies your $25,000 RMD
for 2013. You can exclude the $100,000 of QCDs from your 2013 gross
income.
As indicated above, a QCD must be an otherwise taxable
distribution from your IRA. If you've made nondeductible contributions,
then normally each distribution carries with it a pro-rata amount of
taxable and nontaxable dollars. However, a special rule applies to
QCDs--the pro-rata rule is ignored and your taxable dollars are treated
as distributed first. (If you have multiple IRAs, they are aggregated
when calculating the taxable and nontaxable portion of a distribution
from any one IRA. RMDs are calculated separately for each IRA you own,
but may be taken from any of your IRAs.)
Why are QCDs important?
Without
this special rule, taking a distribution from your IRA and donating the
proceeds to a charity would be a bit more cumbersome, and possibly more
expensive. You would need to request a distribution from the IRA, and
then make the contribution to the charity. You'd receive a corresponding
income tax deduction for the charitable contribution. But the
additional tax from the distribution may be more than the charitable
deduction, due to the limits that apply to charitable contributions
under Internal Revenue Code Section 170. QCDs avoid all this, by
providing an exclusion from income for the amount paid directly from
your IRA to the charity--you don't report the IRA distribution in your
gross income, and you don't take a deduction for the QCD. The exclusion
from gross income for QCDs also provides a tax-effective way for
taxpayers who don't itemize deductions to make charitable contributions.
*Special rules for 2012
Because the QCD rules were extended retroactively to 2012, two special rules apply:
- You
may elect to treat any QCDs you make during January 2013 as having been
made on December 31, 2012. This allows you to make QCDs in January 2013
and have them apply against your 2012 $100,000 limit.
- If you
received a distribution from your IRA during December 2012 (even if the
distribution is an RMD), you may elect to treat all or part of that
distribution as a QCD if you transfer the cash to a qualified charity no
later than January 31, 2013.
It's expected that the IRS will issue guidance in the near future describing how and when your election must be made.
Roth 401(k) in-plan conversion rules liberalized
ATRA also makes it easier to make Roth conversions inside your 401(k) plan (if your plan permits).
A
401(k) in-plan Roth conversion (also called an "in-plan Roth rollover")
allows you to transfer the non-Roth portion of your 401(k) plan account
(for example, your pretax contributions and company match) into a
designated Roth account within the same plan. You'll have to pay federal
income tax now on the amount you convert, but qualified distributions
from your Roth account in the future will be entirely income tax free.
Also, the 10% early distribution penalty generally doesn't apply to
amounts you convert.
While in-plan conversions have been around
since 2010, they haven't been widely used, because they were available
only if you were otherwise entitled to a distribution from your
plan--for example, upon terminating employment, turning 59½, becoming
disabled, or in other limited circumstances.
ATRA has eliminated
the requirement that you be eligible for a distribution from the plan in
order to make an in-plan conversion. Beginning in 2013, if your plan
permits, you can convert any part of your traditional 401(k) plan
account into a designated Roth account. The new law also applies to
403(b) and 457(b) plans that allow Roth contributions.
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