Q&A

Q&A: What to know about buying a house using retirement funds

July 31, 2023 By Liz Weston

Dear Liz: My husband and I are thinking of purchasing a house near us. Can we use any funds from our retirement accounts to make the purchase? We would like to use this money along with some savings so that we do not have to carry a mortgage.

Answer: You don’t mention how old you are, whether you’re currently homeowners or what type of retirement accounts you have, which are all important factors.

If you’re under 59½, withdrawals from IRAs and workplace plans such as 401(k)s are typically taxed and penalized. You can avoid the penalty, but not the taxes, if you’re considered a “first-time home buyer” and you withdraw up to $10,000 from your IRA to buy a home. (“First-time home buyer” just means you and your spouse haven’t owned a home within the last two years.)

This exception doesn’t apply to workplace plans such as 401(k)s. However, if you’re still working for the employer who provides the plan, you could consider taking a loan from your account.

Loans typically must be repaid within five years, but your employer may offer a longer payback period for the purchase of a primary residence. If the employer permits plan loans, the loan limit is typically the lesser of $50,000 or half the vested account balance, said Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting.

An exception to the 50% cap is if 50% of your vested account balance is less than $10,000, Luscombe said. In that case, you can borrow up to the lesser of $10,000 or the balance in your account.

If you have a Roth IRA or Roth 401(k), the amount you contributed can be withdrawn for any purpose without taxes or penalties, Luscombe said.

Q&A: How new rules let you roll unused 529 college savings into a retirement plan

July 24, 2023 By Liz Weston

Dear Liz: I have about $3,000 left in my daughter’s 529 college savings plan. My ex-wife has about $8,000 left. Our daughter has graduated and is not planning to get an advanced degree. It’s my understanding that new rules allow unused 529 money to be rolled into a Roth IRA in the child’s name, after taxes are paid upfront. Would this be a good move?

Answer: Possibly, and you won’t have to pay federal taxes on such rollovers, which will be available starting in 2024.

The Secure 2.0 Act, which passed into law late last year, created this new provision that allows the owner of a 529 account to transfer up to $35,000 in unused education funds to a Roth IRA for the account’s beneficiary, said Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting.

The 529 account must have been established for at least 15 years for a rollover to be possible. No contributions or earnings from the previous five years can be transferred to the Roth. Also, the $35,000 is a lifetime limit that can’t be transferred all at once — it’s subject to most of the annual Roth contribution rules. In 2023, for example, the maximum that can be contributed to a Roth IRA is $6,500 for people under 50 and $7,500 for people 50 and older, so it will take a few years of transfers to reach the $35,000 lifetime limit.

The IRS has yet to issue needed guidance, including how the law will affect beneficiaries like your daughter with two 529 plans. But you and your ex probably will have to coordinate these transfers to avoid exceeding the annual contribution limit. Also, if your daughter contributes her own money to an IRA or Roth IRA, that contribution would reduce the maximum that could be rolled over from a 529. If, for example, the limit is $6,500 and your daughter contributes $5,000, you’d only be able to roll a maximum of $1,500 (assuming your daughter is under 50).

There’s also some question about whether the beneficiary needs to have earned income equal to the amount contributed each year, Luscombe said. On the other hand, someone with a high income won’t be prevented from receiving these rollovers into their Roth IRA, he says. Normally, contributions to Roth IRAs have income limits, so this could be good news for higher-earning beneficiaries.

Plus, states may have to issue guidance about whether the 529 rollover to a Roth IRA is a qualified distribution for state income tax purposes, Luscombe said. If not, you might owe state taxes on the rollover even if no federal taxes are owed.

You have a few other options for unused 529 money. For example, you could change the beneficiary to a “qualified family member,” which could include yourself as well as the beneficiary’s spouse, child or other descendant, a sibling, stepsibling, in-law, aunt or uncle or their spouse, niece or nephew or their spouse, parents or other ancestors or a first cousin or the cousin’s spouse. Withdrawals would continue to be tax-free if used for qualified education expenses.

You also could withdraw up to $10,000 to pay student loans for the beneficiary or their sibling.

Or you could simply withdraw the money and use it however you want. You would pay income taxes and a 10% federal penalty, plus any state penalty, on the earnings. Some states offer a tax break on contributions, so you’d also want to check if there are tax implications for such withdrawals.

For many account owners, though, the Roth rollover option will be a good, tax-advantaged solution to help their beneficiaries jump-start or enhance retirement savings.

Q&A: How to plan retirement withdrawals

July 24, 2023 By Liz Weston

Dear Liz: I am 65 and plan on working until 70 to get the maximum Social Security. I have a 401(k) worth about $290,000. How do I determine the maximum monthly payout I should take while being somewhat certain it will last until I’m 90? Our family has a history of longevity, typically living into the early 90s.

Answer: You may have heard of the “4% rule,” a guideline that suggests an initial withdrawal rate of 4%, with the amount adjusted each year afterward by the inflation rate. The rule stems from research by certified financial planner Bill Bengen, who in a 1994 research paper used historic market returns for a portfolio consisting of 50% stocks and 50% bonds to determine the maximum safe withdrawal rate for a 30-year retirement.

Some researchers believe a sustainable withdrawal rate should start closer to 3%, and others suggest higher rates if the account owner is willing to cut back spending in bad years.

However, most retirement accounts, including 401(k)s, are subject to required minimum distributions. These will start after you turn 73. (For people born in 1960 or later, such distributions will be required starting at age 75.)

The exact amount you must withdraw depends on your account balance at the end of the previous year as well as your age and life expectancy. The percentages you must withdraw could be slightly less or considerably more than 4% of your original balance.

Q&A: Is it a business or a hobby? The IRS has rules

July 17, 2023 By Liz Weston

Dear Liz: After accepting a layoff in exchange for a separation package earlier this year, I have started writing articles for a subscription website. My stories have become popular enough that I’m starting to earn some money and expect a 1099-K this year. I have enjoyed the work and want to cultivate a dedicated audience. I need a few things to improve my output (dedicated laptop, improved writing software, etc.). These will cost more than I plan to earn this year from my new gig but I have cash from my severance. What are my best options? Should I wait until I’ve earned enough from writing before purchasing upgrades?

Answer: The IRS doesn’t want people writing off losses if they’re not making a serious effort to make money. This is known as the hobby loss rule.

The agency understands, however, that not every business turns a profit every year and many businesses have significant start-up costs that may exceed their income for a time. Generally, if you make a profit in at least three out of five years, the IRS presumes you’re engaging in a real business rather than pursuing a hobby.

If you’re planning to spend more than you make this year and write off the loss on your taxes, you’ll want to make sure you’re running this new business in a business-like way. Consider hiring a tax pro who can advise you about how to structure your company, keep good records and file estimated tax payments when necessary.

Your tax pro also can make sure you don’t inadvertently over-report your income.

Forms 1099-K are issued by third-party payment networks including Venmo or PayPal to report payments over $600, but those transactions can include personal as well as business payments. A client may have used Venmo to pay you for a story, for example, but you also may have received payments from friends for their portion of a lunch tab. Plus, if that client pays you more than $600 in a year, you’ll also be issued a Form 1099-NEC. You’d be double reporting your income if you used both the Form 1099-NEC and the Form 1099-K.

Q&A: Inherited IRAs bring a tax bite

July 17, 2023 By Liz Weston

Dear Liz: I have an IRA worth over $1 million and am taking required minimum distributions. When my kids inherit this, can they take it all out with no tax issues because it is an inheritance? Or will they have to take required minimum withdrawals when they are old enough?

Answer: Retirement accounts don’t get the favorable step-up in tax basis that other assets typically get when someone dies. Your children will pay income tax on any withdrawals from an inherited IRA and most likely will have to drain the account within 10 years.

In the past, IRA beneficiaries other than a spouse had to start taking required minimum distributions after the account owner’s death. They couldn’t put off required minimum distributions until their 70s, but they could base the distribution amounts on their own life expectancies. The so-called “stretch IRA” let most of the assets continue to grow tax deferred.

But the stretch IRA was eliminated for most beneficiaries by the SECURE Act, which Congress passed in December 2019. The reasoning was that retirement accounts were meant to support the original account owner in retirement, not to provide tax-deferred benefits to their heirs. There are certain exceptions for beneficiaries who are surviving spouses, minors, disabled, chronically ill, or within 10 years of the age of the original account holder.