Ask Liz Weston

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Q&A

Q&A: Why delaying Social Security might be the ultimate gift for your spouse

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Dear Liz: My husband is 75 and started Social Security at 62. I am 68 and started Social Security at my full retirement age of 66. My Social Security benefit is the higher of the two. My financial planner says the rules on survivorship have changed. She believes that if I die first, while my husband can still claim my benefit, it will be reduced since he took benefits early. I have not heard of this before. Is this true?

Answer: No. His early start won’t affect his survivor benefit should you die first, because you were the higher earner. Had he been the higher earner, though, his early start could have penalized you.

It’s the higher earner’s benefit that determines what the survivor gets. When one of you dies, the smaller of your two benefits goes away. The survivor gets the larger of the two checks instead.

Obviously, losing a benefit can mean a significant drop in income. A larger survivor benefit can really help the remaining spouse make ends meet. That’s why it’s so important for the higher earner to delay filing if possible.

Your husband accepted a permanently reduced benefit when he applied for Social Security at 62. You got your full, unreduced benefit by waiting for your full retirement age. If you’d put off your application a bit longer, though, you could have received “delayed retirement credits” that would have boosted your check — and the eventual survivor benefit — by 8% each year until your benefit maxed out at age 70.

Abundant research has shown that most people are better off delaying Social Security if they can. In a November 2022 study for the National Bureau of Economic Research, three economists found that virtually all American workers ages 45 to 62 should wait beyond age 65 to collect and more than 90% should wait till age 70.

One of the three economists, Laurence J. Kotlikoff, has also written a book for the general public about Social Security claiming strategies, “Get What’s Yours: The Secrets to Maxing Out Your Social Security.” Make sure to get the updated version because Congress changed some claiming strategies in 2015 (but not the ones that affect survivor benefits).

You might consider getting a copy for your advisor, or at least sending her a link, because she definitely needs to strengthen her knowledge of this vital program for retirees.

Q&A: Opening an IRA for a retired spouse

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Dear Liz: Are spousal IRAs a good idea for a couple when one spouse is retired but the other is working? I’m 63 and work full time. My husband is 76 and retired. I have a Roth IRA; he does not. I contribute the maximum amount to my IRA. If we create a spousal IRA for him, would we be able to contribute as if it were a regular Roth IRA?

Answer: Yes. Normally people must have earned income — such as wages, salary, commissions, tips or self-employment income — to contribute to an IRA or a Roth IRA. If you’re married and working, though, you can contribute up to the maximum amount on behalf of a nonworking spouse. In 2023, the maximum contribution for people 50 and older is $7,500. As long as you earn at least $15,000 ($7,500 times two), you can max out both accounts.

There’s no special “spousal IRA” account, by the way. Just open a regular IRA or Roth IRA in his name.

Q&A: Selling a rental property? Here are the tax consequences

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Dear Liz: My siblings and I are considering selling a triplex. It was bequeathed to us by our mother when she died in 2007. There is no mortgage and it is fully occupied. If we sell, my wife and I (both over 50) would get roughly $200,000, and we’d like to minimize the tax impact. We own our home free and clear and have no debt. We’d like to use this windfall to help our son buy a home. We’d also give our daughter a cash gift. We have no interest in buying another investment property using a 1031 exchange. Any suggestions to minimize our tax bill given our circumstances?

Answer: Talk to a tax pro, because selling a rental property is more complicated than selling your personal home.

You’re not eligible for the $250,000-per-person home sale profit exclusion, and in addition to paying capital gains tax you also face a depreciation recapture tax of 25%. (Depreciation is the amount of wear-and-tear you wrote off during your ownership of the property; the IRS requires you to repay that tax break when you sell.)

A big capital gain could affect other areas of your finances, such as Medicare premiums, and the pro can help you plan for that as well.

A 1031 exchange would allow you to defer taxes on a rental property by buying a similar replacement property.

Another solution would be to hang on to the property, continue to enjoy the rental income and bequeath your portion of it to your children when you die. Your portion will receive a favorable step-up in tax basis so that your heirs won’t owe taxes on the capital gains that occurred during your ownership. They also won’t face the tax on depreciation recapture you would otherwise owe.

But that obviously isn’t a good solution if you no longer want to be a landlord or want the cash instead. In that case, the tax pro can help you properly account for selling costs, legal fees and improvement expenses that could reduce the tax hit and may be able to suggest other ways to manage your tax bill.

Q&A: Ins and outs of HELOCs

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Dear Liz: We have a home equity line of credit through our credit union. I have been paying it down very aggressively and it will be paid off in two months. That is our only debt. I was considering leaving a small ($100) balance. It would cost $7.50 a year to have the loan available but we would have immediate access to $200,000 with no paperwork, etc. Your thoughts?

Answer: Contact your credit union and ask if it’s necessary to maintain a balance to keep the line of credit open, because typically that’s not the case.

You should know, however, that HELOCs typically have two phases: a five- to 10-year “draw” period, during which you can borrow and repay the line much as you would a credit card, followed by a repayment period of 10 to 20 years during which you pay down any amount still owed. You normally can’t draw out additional money during the repayment period.

If your HELOC is nearing its repayment phase, you can replace it with a new HELOC that you leave open and unused for emergencies. Closing costs often range from 2% to 5% of the loan amount, although some lenders discount those fees.

Q&A: Taxes on a deceased spouse’s assets

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Dear Liz: My dear friend’s husband just passed away and she is immediately selling off all his antiques through an auctioneer. Sales should net well over $100,000 this calendar year. Is there any way to offset the tax hit she will take on this? This will be on top of selling the house in the same calendar year.

Answer: Previous columns have discussed the favorable “step up” in tax basis that happens when someone dies.

Their assets, including at least half of a jointly-owned home, typically get updated to the current market value for tax purposes. Appreciation that occurred during the deceased’s lifetime is never taxed. In community property states, both halves of jointly-owned assets usually get this step up.

The auction shouldn’t generate much if any tax bill unless the antiques jump significantly in value between the date of his death and the date of the sale.

The same is true of the home sale if the friend lives in a community property state. If not, she may have potentially taxable appreciation on her half of the property. If the sale occurs within two years after the year her husband died, though, she can exclude up to $500,000 of home sale profits from her income. Otherwise she can exclude up to $250,000.

Your friend should consult a qualified tax pro who can review her specific situation and offer individualized advice.

Q&A: What’s the best way to save for education? A 529 plan or I bonds?

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Dear Liz: Please write a comparison of 529 college savings plans versus using I bonds for education. I had given baby gifts of 529 funds to grandkids before they had their first birthdays. But due to market volatility, this year I matched those with I bond funding for the kids. The oldest is now 6, so there is time to get past penalty issues for withdrawals should they use these for education, as I hope they will.

Answer: As mentioned in previous columns, 529 college savings plans are a flexible, tax-advantaged way to save for education costs.

Money can be used tax free for private kindergarten through 12th grade tuition as well as qualifying college expenses. Plus, up to $35,000 of leftover funds can be rolled over into a Roth IRA.

Accounts owned by parents have minimal impact on financial aid, and accounts owned by grandparents aren’t included in federal financial aid calculations at all.

College savings plans typically offer an array of investment options, including age-weighted funds that get more conservative over time. The ability to invest the money means you have a good shot at generating inflation-beating returns over time, but you also have to deal with some ups and downs in the markets.

I bonds — technically, I Series Savings Bonds — have advantages as well.

These are government-issued bonds, so you can’t lose your principal, and they are designed to help investors keep up with inflation. I bonds earn a fixed rate for the 30-year life of the bond, which is currently 0.4%, plus a semiannual variable rate pegged to inflation (currently 3.24%).

The composite rate formula for I bonds issued from November 2022 through April 2023 is 6.89%. In the previous 6 month period, bonds paid 9.62%.

The interest is added every six months to the bond’s value, rather than paid out, so bond owners can defer federal taxes until the bond is cashed in. (I bonds are exempt from state and local taxation.) And the interest can be tax free if the bond proceeds are used to pay for certain higher education costs.

Getting that tax-free treatment is somewhat complicated, however.

First, the bonds would need to be owned by the parents rather than you or the grandkids. Qualifying college expenses must have been incurred by the bond’s owner, the owner’s spouse or a dependent listed on the owner’s federal tax return.

There’s an age restriction too: The bond owner must have been at least 24 before the bonds were issued. The ability to get the exclusion ends if modified adjusted gross income is above certain limits (in 2022, it was $100,800 for singles or $158,650 for married couples filing jointly).

I bonds have other restrictions. No withdrawals are allowed in the first year of ownership. Any withdrawals made within the first five years trigger a loss of three months’ worth of interest income.

People can buy $10,000 of electronic I bonds each year, plus they can use their tax refunds to purchase an additional $5,000 of paper I bonds.

I bonds are certainly a reasonable alternative for college savings, but the various restrictions on their purchase and use may make 529 college savings plans a better option for many families.