Congress Ended an IRA Tax Break, How You Can Take Advantage

The unintended consequences of a change in tax law and might inadvertently force people to do what they should have been doing anyway.

Congress Ended a Tax Break. How That May Help Higher Earners

The Wall Street Journal reports Congress Ended a Tax Break. How That May Help Higher Earners.

This is a “gift” article courtesy of the WSJ, that is free to read without a subscription. Here are some snips, but I suggest taking a look at the full article.

Tax Change Background

Many retirement savers are furious about a law set to take effect in January, and at first glance it’s easy to see why.

The provision, enacted in late 2022, denies a key tax deduction to workers aged 50 and older who had $145,000 or more in wages the prior year. They’ll no longer be able to put “catch-up” contributions into traditional 401(k) or similar plans, which allow upfront deductions on dollars going in but impose income taxes on future withdrawals. Catch-up contributions, which help bump up workers’ savings late in their careers, currently add $7,500 to the $22,500 annual limit for many savers.

Instead, these savers can only put catch-ups into Roth 401(k) accounts—so they won’t be tax deductible, although future withdrawals can be tax-free. As many of these savers are in peak earning years, putting after-tax dollars into a Roth account when one’s tax rate is higher can reduce and even erase the benefit of later tax-free payouts.

So here’s a surprise: Affected savers shouldn’t be mad, says Betty Wang, a Denver-based financial adviser. “I tell them, ‘Congress is doing you a favor by forcing you to save in a Roth account. In the long run, you’ll likely come out ahead.’ ”

Congress didn’t enact the recent change to help higher earners. For lawmakers, a key lure of Roth accounts is that they provide tax revenue upfront within a 10-year budget window, while tax-deductible IRAs and 401(k)s lose it. This is one reason recent law changes have favored Roth accounts—and why it could be complicated for Congress to restrict them in major ways.

Roth Benefits as Noted by the WSJ

  • Roth 401(k)s provide Roth access. Many savers can’t contribute to Roth IRAs because their income is too high or else don’t because “backdoor” Roth contributions would be complex and partly taxable. In addition, current Roth IRA contributions are limited to $6,500 per year, plus $1,000 more for savers age 50 and older. Savers with Roth 401(k)s can typically put in much more.
  • Roth benefits can cascade. Tax-free Roth withdrawals don’t count as income, so they don’t leave taxpayers more susceptible to means-tested Medicare surcharges called IRMAA or the 3.8% net investment income tax.
  • Roth contributions start the five-year clock. To withdraw tax-free Roth earnings without penalty, the saver must be at least 59 ½ and have held the account for five years in many cases. Even a small amount in a Roth account can start that five-year clock running.
  • Roth accounts can be better than taxable investment accounts. Among the reasons: Payments of earnings in investment accounts (such as dividends or interest) are taxable, while they are tax-free in Roth accounts. If someone sells assets in an investment account before death, the net gain is taxable—unlike in Roths. Also, Roth IRA and 401(k) owners can pull out their own contributions tax-free without penalty even before five years, although with 401(k)s the employer also has to allow these payouts.
  • Roth accounts are better for heirs. Many nonspouse heirs of IRAs and 401(k)s whose owners died after 2019 must drain the accounts within 10 years of the owner’s death. However, heirs of traditional IRAs or 401(k)s often must make taxable withdrawals for each of those 10 years. Heirs of Roth accounts can wait until the end to withdraw.

Mish Comments

It’s not just the wealthy who can benefit from Roth IRAs.

But it greatly matters what you put into them. There was no discussion of this key point by the WSJ.

Suppose you have a strategy of stocks and bonds including some speculative stocks. Of that group, It’s the speculative assets that are most appropriate for a Roth.

If you hit a home run on a $50,000 investment that turns into $5,000,000, you only pay upfront taxes on that $50,000. Then, $5,000,000 is tax free at age 59 and a half. That same amount in an IRA is taxed as ordinary income when you withdraw the money.

If you have both taxable accounts and regular IRAs, also think about where you want the risk. This decision is more complicated because we do not know what capital gains laws will be in the future, or far that matter what the income tax rates will be. But we can say that home runs, although deferred in a regular IRA, will be taxed on the full amount, as income, not at long-term capital gains.

The point of this discussion is not to encourage speculation. Rather, it’s to suggest that if you have speculative assets, to consider putting those assets into a Roth if you can.

It’s not just wildly speculative assets either. If you are an active trader of anything, say energy, and are doing well with it, the cumulative gains of successful timing are likely much better off in a Roth.

Given the 5-year clock, its’ best to get that Roth funded with at least a minimal amount by the age of 54.

Finally, timing matters. For those converting from regular IRAs to Roth IRAs, it best to do so on major dips . So there is a lot to think about here.

Not Investment or Tax Advice

This is not investment advice or tax advice.

Instead, think of the WSJ article and my comments on the article as a starting point for discussion with your tax advisor.

America’s Fiscal Time Bomb and the Fitch Downgrade of US Debt in Pictures

What the future holds is impossible to say. But the current path of Bidenomics coupled with Congressional spending on steroids is inflationary, at least for now.

For discussion, please see America’s Fiscal Time Bomb and the Fitch Downgrade of US Debt in Pictures

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Mish

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David Rowan
David Rowan
2 years ago

Whether post tax today is better in the long run is a big maybe. What is interesting is the Biden administration increased taxes on those in the “catchup” category if income is greater than $145,000. Biden pledged numerous times that people earning less than $400,000 would not experience a tax increase. They will next year.

RonJ
RonJ
2 years ago

“Many savers can’t contribute to Roth IRAs because their income is too high or…”

never trusted the rules wouldn’t be changed in another 1930’s like financial crash. Used to be that no one talked of bail-ins. Then they changed the rule. The 1987 record one day 22% crash ruined my psyche as to the invest for retirement routine. According to changes made after 1929, that crash wasn’t supposed to happen. And Glass-Steagall was supposed to protect against another 1930’s banking fiasco- then they dismantled it. Later, the Big Five investment banks got reckless + all the other financial fraud during the housing bubble, for which Bernanke never referred anyone to be held accountable. The foxes got away with the chickens in the coop.

WEF: “Imagine it’s 2030 and you own nothing… and you are happy.”

James Lunsford
James Lunsford
2 years ago
Reply to  RonJ

Regulations always have the corruption baked in. The stock market is the most regulated sector. It protects the institutions turning main Street into a hellhole. So you captains of the market here, when you brag about how smart you are, you’re really bragging about financing all the idiocy you whine about. Slaves are the funniest show in town!

P.s. Joe Kennedy was so good at crafting those infamous regulations because he was as crooked as they came and everyone that mattered knew there’d be lots of loopholes that looked like freeways. Clown world is hilarious!

Lisa_Hooker
Lisa_Hooker
2 years ago
Reply to  RonJ

And then one day they started taxing your Social Security benefits because…
Because they wanted the money.

RonJ
RonJ
2 years ago

I just find there to be no reason to trust the system. The Great Reset is coming, with federal debt going parabolic. In 1933 it became illegal to own gold. What will happen this time around? Recently, I’ve read comment that retirement funds could be forced to buy government debt. Some time back, Armstrong talked of California government talking to members of congress about wanting to get control of Californians retirement funds. I wouldn’t be surprised to see Roth withdrawals taxed, if push comes to shove, in a serious financial crisis. They aren’t talking of a CBDC for just the fun of it. Something is coming.

MikeC711
MikeC711
2 years ago
Reply to  RonJ

I wish I disagreed with you. The debt is, IMHO, beyond the point of being able to pay it back. We keep kicking it down the road and the current leaders worked out a deal with this latest debt limit increase … to do so with 0 responsibility to show any tangible form of fiscal responsibility. And “the other guys” have done nothing to stop this snowball from rolling down the hill either. It is one area where there is true biPartisanship. Nobody wants to be holding the bag when it breaks … but it can’t keep stretching forever.

radar
radar
2 years ago

With the new standard deductions a retired couple that’s not on SS can withdraw about 100k a year and only pay 10-12% tax. I will pay much more than that if I have to pay the taxes on it now while I’m still working.

Dennis
Dennis
2 years ago
Reply to  radar

If the income is from long-term cap gains, or qualified dividends, they pay nothing.

Zardoz
Zardoz
2 years ago

I’m irritated that I have to play these moronic shell games with my wealth and income to begin with, I’m irritated I have figure out how to preserve that tax savings by getting involved with some other financial instrument that may or may not benefit me depending on things I can’t predict, and I’m irritated that congress has and will change the rules for it all at whim.

By the time I retire, there will be a rule that you have to run 6 times around the Social Security build and recite the pledge of allegiance backward before you can withdraw from your401k each month, and as they hand you the check, you get a solid kick in the beans.

They take what they want, and spend much more. Why do new have to play these moronic games about it?

MikeC711
MikeC711
2 years ago
Reply to  Zardoz

I get that. Sometimes we feel clever when we figure out how to play the game. But we shouldn’t have to play a game to keep some of what we’ve earned.

Call_Me_Al
Call_Me_Al
2 years ago
Reply to  Zardoz

Because dealing with the rules that get put in place creates a lot of jobs in enforcement (the revenuers) and trying to circumvent or get around the rules. That’s good for the economy!

Ryan
Ryan
2 years ago

I think it’s important to note Congress could change the law on taxing Roth withdrawals at any time, and congressional democrats have eyed that huge honeypot of retirement savings before. It’s not impossible the tax laws are changed to confiscate a portion of that. After all it would just be making the rich pay their fair share for the common good.

If that doesn’t happen Roths are a no-brainer.

James Lunsford
James Lunsford
2 years ago
Reply to  Ryan

Didn’t you mean the rich stealing from everyone like usual? And the phrase”fair share” just cracks me up! Fair share to what? What is fair about giving your money to a bunch of grifters so that they can pass it around themselves and fund ludicrous projects that will ultimately impoverish the slaves? Do you think they’re spending that money wisely? No. Nothing any narcissist does has anything to do with fair.

The very dollar they offer is backed by nothing. But with fractional reserve banking, a practice that has always been rightly associated with fraud, and I also think counterfeiting as they can loan out dollars that don’t really exist that don’t exist. A ridiculous statement for a ridiculous con. Fractional reserve banking breaks economies for the benefit of those whom you think we need to pay that fair share to, but no one else. But don’t worry! They did away with fractional reserve banking and now we have ZERO reserve banking practices! Yes, this is the final frontier in stupid. Now you can (if you’re a bank) lend out as much money as you want and you don’t even need any imaginary money to do so. Genius! That’ll fix everything! Don’t worry, since the money is backed by the full faith and credit of the government that is working so hard to make it even more worthless than the nothing it already is now. The hits just keep coming! And all of you are so desperate to find some legitimacy out of all the gaslighting they give you. And so you read THEIR books on why this scam is the most precious and important part of your life. And you believe it! I’ve read comments here, and elsewhere, about how the dollar can’t crash because it would be so bad that no one will allow it. So cowardly! Now that’s a slave mind! It can’t crash, mostly because it doesn’t even exist. The hits never stop coming in clown world!

James Lunsford
James Lunsford
2 years ago
Reply to  James Lunsford

I love how the dislikes never have a coherent statement to refute what I write. They dislike it because its true, and the slave mind will always choose the comfort of the lie. It’s so hilariously pathetic! Stupid can’t be fixed because it doesn’t want to be fixed. And so I mock you. And it is good..

Lisa_Hooker
Lisa_Hooker
2 years ago
Reply to  Ryan

You mean like when they started taxing Social Security?

MikeC711
MikeC711
2 years ago
Reply to  Lisa_Hooker

FYI: I pressed LIKE because it was a good comment, not because I “LIKED” the taxing of SS. It is great because they take it out of preTax money (so I’ve already paid taxes on it) … but then they tax it again when they give a little bit of it back to me. It’s a great gig if you’re the government.

Mark
Mark
2 years ago

This law will not go into effect for two years A pause will be issued in a few months

PapaDave
PapaDave
2 years ago

Good article Mish. And some good comments as well.

As always, don’t rely on govt, or others to “save” you. Take advantage of the opportunities that this great country provides. You can become very well off in America if you pay attention to what’s happening around you.

Micheal Engel
2 years ago

While AAPL was hiking to the $3T peak, UNH osc in and out Dec 2021 high.
UNH might have lost its grip on a Lazer coming from June to Sept 2020 lows, parallel from Aug 2020 high for…funfunfun.

Micheal Engel
2 years ago

AAPL plunged to Jan 2022 high. UNH, 1M , – the most important stock in the Dow –
might flip lower this month.

Micheal Engel
2 years ago

Yelen can’t stop piling up debt. Congress might shut down the gov on Oct 1 2023.

James Lunsford
James Lunsford
2 years ago
Reply to  Micheal Engel

She’s a banker! Debt is how they make their money.

James Lunsford
James Lunsford
2 years ago

Really, when I first heard of all of the changes being made, it was obvious the laws were being made to encourage more participation in them. Some may think that’s awful nice of our benevolent overlords to be looking out for us like that, but I couldn’t help but notice that the market is long overdue for a correction towards reality. I know that the many lords of the universe in this very comment column will also think it’s a good thing, but they’re a bunch of idiots. They’re sucking them in to get their savings. They say you only lose if you sell, but those people never dealt with margins or giant swathes of great stocks collapsing in front of them like I did during the dot com bust. I did pretty good that year; I made negative 15k. Not a good year to be a broker, but you can always make money. It’s not that hard. In fact, stupid works best for making it. Keeping it gets a little more complicated, but it’s mostly just impulse control issues. Wall Street broke main Street. It built this mess. Invest in yourself and in your community. But, slaves will never do that.

George Phillies
2 years ago

Roth? It depends. One key question not always asked. When you retire, will your income go up or go down? If the answer is ‘probably up’, you are likely better off with money in a Roth, because all things considered you are likely in a lower tax bracket now than when you retire, and the Roth income is untaxed.

403Bs and the like (I was a college professor, so I had 403B not 401K) have the feature that withdrawals are taxed as regular income. In contrast, investments in stocks, mutual funds, etc. if held for a while are taxed as long term capital gains, not regular income.

Bernanke_Airdrop
Bernanke_Airdrop
2 years ago

Roth 401(k)s are generally for poor people, unless you don’t have any earned income you and can self-direct your investments by adding pre-ipo stocks they are wholly uninteresting. People with real jobs can sometimes take advantage of a ‘mega backdoor’ and contribute something like post tax ~$30k on top of maxing out the pre-tax contributions.

If you can’t do mega-backdoor, you’re probably better off putting more money into real-estate since that’s tax advantaged, leveraged, and an inflation hedge.

MikeC711
MikeC711
2 years ago

Good info. I question “unintended consequences” vs “don’t care because I won’t be in office anymore consequences”. I wonder though, as someone w/real estate assets, my accountant often does a great job butchering my AGI and I then move some $s from my traditional IRA to my Roth IRA (no penalty, but I do have the pay the taxes on it). I know of folks who use IRA money (presumably either type) to purchase real estate that they actively manage. I need to look into this.

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