As has become usual practice, Congress
passed some meaningful tax legislation as it recessed for the holidays. In one
of the new meaningful laws, enacted on December 20, you will find the Setting
Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act).
The
SECURE Act made many changes to how you save money for your retirement, how you
use your money in retirement, and how you can better use your Section 529
plans. Whether you are age 35 or age 75, these changes affect you.
Here are eight of the changes.
1. Small-Employer Automatic
Contribution Tax Credit
If your business has a 401(k) plan or a SIMPLE
(Savings Incentive Match Plan for Employees) plan that covers 100 or fewer
employees and it implements an automatic contribution arrangement for
employees, either you or it qualifies for a $500 tax credit each year for three
years, beginning with the first year of such automatic contribution.
This change is effective for tax years beginning
after December 31, 2019.
Tax tip. This credit can apply to both newly created and existing retirement
plans.
2.
IRA Contributions for Graduate and Postdoctoral Students
Before the SECURE Act, certain taxable stipends and
non-tuition fellowship payments received by graduate and postdoctoral students
were included in taxable income but not treated as compensation for IRA
purposes. Thus, the monies received did not count as compensation that would
enable IRA contributions.
The SECURE Act removed the “compensation” obstacle.
The new law states: “The term ‘compensation’ shall include any amount which is
included in the individual’s gross income and paid to the individual to aid
the individual in the pursuit of graduate or postdoctoral study.”
The change enables these students to begin saving
for retirement and accumulating tax-favored retirement savings, if they have
any funds available (remember, these are students). This change applies to tax
years beginning after December 31, 2019.
Tax tip. If your child pays no income tax or pays tax at the 10 or 12 percent
rate, consider contributing to a Roth IRA instead of a traditional IRA.
3. No Age Limit on
Traditional IRA Contributions
Prior law stopped you from contributing funds to a
traditional IRA if you were age 70 1/2 or older. Now you can make a traditional
IRA contribution at any age, just as you could and still can with a Roth IRA.
This change applies to contributions made for tax
years beginning after December 31, 2019.
4. No
10 Percent Penalty for Birth/Adoption Withdrawals
You pay no 10 percent early withdrawal penalty on
IRA or qualified retirement plan distributions if the distribution is a
“qualified birth or adoption distribution.” The maximum penalty-free
distribution is $5,000 per individual per birth or adoption. For this purpose,
a qualified plan does not include a defined benefit plan.
This change applies to distributions made after December
31, 2019.
Tax tip. A birth or adoption in 2019 can signal the start of the one year,
allowing qualified birth and adoption distributions as soon as January 1, 2020.
5. RMDs Start at Age 72
Before the SECURE Act, you generally had to start
taking required minimum distributions (RMDs) from your traditional IRA or
qualified retirement plan in the tax year you turned age 70 1/2. Now you can
wait until the tax year you turn age 72.
This change applies to RMDs after December 31, 2019,
if you turn age 70 1/2 after December 31, 2019.
6. Open a Retirement Plan
Later
Under the SECURE Act, if you adopt a stock bonus,
pension, profit-sharing, or annuity plan after the close of a tax year but
before your tax return due date plus extensions, you can elect to treat the
plan as if you adopted it on the last day of the tax year.
Under prior law, you had to establish the plan
before the end of the tax year to make contributions for that tax year. This
change applies to plans adopted for tax years beginning after December 31,
2019.
How it works. You can establish and fund, for example, an individual 401(k) for a
Schedule C business as late as October 15, 2021, and have the 401(k) in place
for 2020.
7. Expanded Tax-Free Section
529 Plan Distributions
Distributions from your child’s Section 529 college
savings plan are non-taxable if the amounts distributed are
- investments into the plan (your basis), or
- used for qualified higher education expenses.
Qualified higher-education expenses now include
- fees, books, supplies, and equipment required for the designated
beneficiary’s participation in an apprenticeship program registered and
certified with the Secretary of Labor under Section 1 of the National
Apprenticeship Act, and
- principal or interest payments on any qualified education loan of the
designated beneficiary or his or her siblings.
If you rely on the student loan provision to make
tax-free Section 529 plan distributions,
- there is a $10,000 maximum per individual loan holder, and
- the loan holder reduces his or her student loan interest deduction by the
distributions, but not below $0.
This change applies to distributions made after
December 31, 2018 (not a typo—see below).
Tax tip. Did you notice the 2018 above? Good news. You can use the new qualified
expense categories to identify tax-free Section 529 distributions that are
retroactive to 2019.
8. RMDs on Inherited
Accounts
Under the old rules for inherited retirement
accounts, you could “stretch” out the account and take RMDs each year to
deplete the account over many years.
Now, if you inherit a defined contribution plan or
an IRA, you must fully distribute the balances of these plans by the end of the
10th calendar year following the year of death. There is no longer a
requirement to take out a certain amount each year.
The current stretch rules, and not the new 10-year
period, continue to apply to a designated beneficiary who is
- a child who has not reached the age of majority,
- disabled as defined in Code Section 72(m)(7),
- a chronically ill individual as defined in Code Section 7702B(e)(2) with
modification, or
- not more than 10 years younger than the deceased.
This change applies to distributions for plan owners
who die after December 31, 2019.
Patrick “PJ” Best is one of the areas foremost Tax Resolution Attorneys. He has been representing taxpayers who owe the IRS, but simply cannot afford to pay. Attorney Best is known for exceptional customer service and his “24 Hour Returned Phone Call Guarantee” which has resulted in being named as a “Top 10 Best Bankruptcy Lawyers in Pennsylvania for Customer Service” by the American Institute of Bankruptcy Attorneys.