IRA Rollover Frequently Asked Questions.

By: Wai-Yew “Andrew” Lam, President of Adelphi Retirement Management, Inc.

IRA Rollover or IRA Transfer – When you rollover a qualified retirement account (like a pension plan lump sum, 401k, or 403b) to an IRA, or transfer funds or investments from one IRA to another, if done correctly, it is not considered an IRA withdrawal. Since there is no distribution of funds to you, the transfer is tax-free. There are subtle differences between what is considered an IRA rollover, and what is considered an IRA transfer. The important thing to know; with either one the funds must be deposited in the new account no less than 60 days from the time they were withdrawn from the old one. Below are the most frequently asked questions about IRA rollovers.

1. Can I Use An IRA Rollover To Move Funds Out Of My Employer Sponsored Plan While I Still Work There?

Most employer sponsored retirement plans do not allow you to roll funds out of the plan while you are still employed. To find out if they do, you can call your plan sponsor, and ask if they allow what is called an “in-service distribution”. An in-service distribution is not the same thing as a loan or hardship withdrawal. Instead, for those few plans that allow it, an in-service distribution is a transaction where you can rollover funds for your plan into a self-directed IRA account while you are still employed.

No Longer Employed

Once you are no longer employed, it may make sense to roll funds from your plan into an IRA account. At that time, to avoid tax withholding, you’ll want to choose what is called a direct IRA rollover.

2. Will Taxes Be Withheld When I Move Funds From My Employer Plan To An IRA Rollover?

When rolling funds from an employer sponsored plan to your IRA, you can avoid mandatory tax withholding (explained below) by requesting a direct rollover. In this case, although the check may be mailed to you, it will be made payable directly to your new trustee or custodian.

Mandatory Tax Withholding Required If IRA Rollover Distribution Paid To You

If an eligible rollover distribution is paid directly to you, the payer must withhold 20% of it, which they send directly to the IRS for taxes. This applies even if you plan to roll over the distribution to a traditional IRA.

You can avoid tax withholding by choosing a direct rollover option, where the distribution check is payable directly to your new trustee or custodian.

3. Will I Be Taxed If I Transfer Funds From One IRA To Another IRA?

An IRA transfer occurs when your move IRA funds from one trustee (or custodian) directly to another trustee, either at your request or at the trustee’s request. As long as there is no distribution payable to you, the transfer is tax free.

4. Can I Use My IRA Funds Tax Free If I Deposit Them Back Into My IRA?

If you withdraw funds from an IRA, and then subsequently redeposit them to your IRA within 60 days, the transaction would not be taxed. Use caution – since your custodian does not know if you will be redepositing the funds, they may be required to withhold 20% in taxes from your initial distribution. You would have to be able to repay this 20% out of pocket. You would recover it when you filed your tax return. You could use this 60 day provision to “borrow” funds from your IRA for a short period of time. However, if any portion of the distribution is not repaid within the 60 days, and you are under age 59 1/2, it would be considered an IRA early withdrawal, subject to taxes and penalties, unless you could qualify for an exception.

Once A Year IRA Rollover Provision

You can withdraw, tax free, all or part of the assets from one traditional IRA if you reinvest them within 60 days in the same or another traditional IRA. You can only use this provision once per year, per each receiving and distributing IRA account.

Example

You cannot roll funds from IRA-1 to IRA-2 over 60 days, then from IRA-2 to IRA-3 over another 60 days, and so on. However if you had four IRA accounts to begin with, then within the same year you could use the 60 day rollover provision between IRA 1 and 2, and between IRA 3 and 4. Eligible rollover provisions from employer sponsored retirement plans are not subject to the once-a-year provision.

5. Can I Use An IRA Rollover To Move Just Part Of My Account?

IRA rollovers are not an all-or-nothing proposition. You can use an IRA rollover to move just a portion of your funds from one IRA to another or to rollover just part of a qualified plan to an IRA.

6. I Inherited An IRA. Can I Roll This Into My Own IRA?

If you inherit a traditional IRA from your spouse, you can roll the funds into your own IRA, or you can choose to title it as an inherited IRA. There are pros and cons to doing it either way.

IRA Not Inherited From A Spouse

If you inherit a traditional IRA from someone other than your spouse, you cannot roll it over or allow it to receive a rollover contribution. You must withdraw the IRA assets within a specified period of time.

7. Can I Rollover My Required Minimum Distributions?

Amounts that must be distributed during a particular year under the required minimum distribution rules are not eligible for IRA rollover treatment.

8. Do I Have To Report IRA Rollover Transactions On My Tax Return?

IRA rollovers are reported on your tax return, but as a non-taxable transaction. Even if you correctly execute an IRA rollover, it is possible that your plan trustee or custodian will report it wrong on the 1099-R they issue to you and to the IRS. I have seen this occur many times in my career. If your custodian reported the transaction incorrectly, and you hand off the documentation to your tax-preparer without explaining the transaction to them, it could get reported on your return incorrectly. To make sure you don’t pay tax on an IRA rollover or transfer, carefully explain any IRA rollover or transfer transactions to your tax preparer, or double check all documentation if you prepare your own return.

How to invest in private notes using your Self-directed IRA account.

By: Wai-Yew “Andrew” Lam, President of Adelphi Retirement Management, Inc.

Expanding Small Business Finance Solutions.

Small businesses play a vital part in the American economy. They employ over half of all U.S. workers and generate the bulk of GDP, according to the Small Business Administration (SBA). Yet while many large corporations have benefited from improved access to capital this year, small and medium-sized businesses continue their struggle to find financing solutions that can help them thrive and, in turn, help the economy grow.

A September study of 7,502 small businesses by Pepperdine University’s Graziadio School of Business and Management found that over the past 12 months fewer than half – just 44.5% – of small business loan applications were approved by banks. Taking 16 to 24 hours away from minding the store to pursue loan can be extremely detrimental to any small business, especially when the odds are not in their favor.

Recent research by the SBA finds that access to capital remains one of the central concerns of businesses, even though three years have elapsed since the financial crises began. Which has been exacerbated as the economy has tightened – a lot of credit isn’t as available as it had been in the past.

Learn how Self-directed IRA investors are providing vital new financing. 

Sensing a lack of financing options for small businesses, many savvy Self-directed IRA investors have been actively using their retirement accounts to lend money (via private notes) to help small businesses in need of funds to grow their business. Typically, these types of loans are secured against the business’s account receivables as collateral. This new financing tool provides quick and straightforward access to cash for business needs. Effectively, this gives small companies access to the type of cash-flow-gap financing that only large corporations have enjoyed.

How to offer simple financing for a challenging and complex economy: Cash.

Once you open a Self-directed IRA account, you can start offering potential borrowers a new way to access cash to help build their businesses via private notes. This type of account allows you to invest in solid businesses that you know well. It is time to explore a new investment model to help build your retirement account. Why put all your eggs in one basket – Stocks and mutual funds?

Visit www.AdelphiRetirement.com and learn the power of Self-directed IRA investing. Call to explore how we can help you diversify and invest in things you know at 520-838-0851 or email us: info@adelphiretirement.com. Always take control of your retirement destiny!

Legal tax shelter loop hole to save big bucks for our high income earners.

Amid all the rancor in Washington over how to rein in the federal deficit, one thing seems inevitable: If you’re a six-figure earner, your tax bill has nowhere to go but up. The good news? A quirk in the tax code gives you a new backdoor opportunity to build your savings and shelter more of your income from the threat of higher taxes.

 The opportunity lies with the Roth IRA, a tax-sheltered savings plan previously off-limits to high-income investors. Affluent savers have been confined to traditional IRAs, where contributions are sometimes deductible, and investment gains compound tax-deferred. But future withdrawals are taxed as ordinary income — not an attractive prospect if tax rates rise. With a Roth IRA, on the other hand, contributions are made with after-tax dollars, but all future gains and withdrawals are 100% tax-free in retirement. You can contribute up to $5,000 a year (or $6,000 if age 50 or older) to a Roth, but only if your income falls below a certain threshold.

 Last year Congress handed a break to high-income earners when it changed the tax code to allow anyone, regardless of income, to convert money already sitting in a traditional IRA to the Roth version. Prior to 2010, Roth conversions were allowed only for single or married taxpayers with modified adjusted gross incomes below $100,000. There’s no dollar limit on the amount of traditional IRAs you can convert. But you’ll have to pay taxes on any contributions or investment gains that had been tax-deferred to that point.

 Kept in place were the income limits designed to stop affluent taxpayers from funneling new money into Roths. For 2011, single tax filers can make only the maximum Roth IRA contribution if their modified adjusted gross income is less than $107,000; once their income hits $122,000, they can’t contribute at all. For married couples filing jointly, allowable contributions begin to phase out when their combined income reaches $169,000.

Inexplicably, Congress left a major loophole in the new tax code. No matter what your income, you’re eligible to open a traditional, nondeductible IRA, which you can then convert to a Roth now that the income limits on conversions have been lifted. And you can repeat the process each year as long as the loophole is in place, making it perfectly a legal maneuver and a great strategy for high-income investors.

 Before making this move, however, you should consider converting any existing traditional IRAs you have to a Roth or move them into your 401(k) plan if allowed. Otherwise the IRS may hit you with a tax bill on a portion of your backdoor Roth contribution.

You have until April 17, 2012, to make your nondeductible IRA contribution for 2011 before flipping it to a Roth. After that? Whether Congress will ultimately close the Roth loophole is anyone’s guess. But given a chance to put money in an account that’s tax-free for life, don’t wait to find out.

 Wai-Yew “Andre” Lam, President

Adelphi Retirement Management, Inc.

www.AdelphiRetirement.com

How to use your Self-directed IRA to invest in a business.

During our seminars and workshops that we’ve conducted, many of you have frequently posted us the following question – Can I use my Self-directed IRA to invest in an existing or start-up business?

The answer is YES! If you believe in a business and think it has the potential to be a long-term success, why not make an investment using your retirement plan.

As more and more people are putting retirement dollars into everything from startups and real estate to race horses. (Life insurance and collectibles are the only investments prohibited in an IRA.) Not surprisingly for many investors, stocks and bonds just don’t make sense these days, and they’re just more comfortable investing in things they know.

To be clear, this isn’t the same as borrowing money from your 401k, traditional IRA or your spouse’s retirement savings. Rather, this involves investing in a company’s stocks to protect it from capital gains. It is an underappreciated tool for allowing entrepreneurs and their friends to invest retirement funds into a company.

As usual, care must be taken to do this correctly and not violate the IRS regulations. Investing retirement funds into a viable business has been approved by the IRS since 1974. It is potentially a wise alternative you should consider. In fact, your siblings, friends and family members can all “pool” their IRA funds and co-invest in the same business and ensure their capital gains get favorable tax treatment.

Here’s how it works: You will first need to move your IRA funds into a self-directed IRA account using our services. Once established, you can now direct your IRA to make an equity investment into the new business.

Adelphi’s success story:

Four years ago, Jose Martinez a young entrepreneur decided to consolidate his old 401K and traditional IRA into a self-directed IRA ($25,000) and invested it in his brother’s taco truck restaurant business in Los Angeles. Today, the business has ballooned to 5 locations and is returning over $40,000 into his IRA account annually, not too shabby!

Other types of business investments: Some investors prefers to keep their investment simple, so lending their IRA funds via a private note into the business of their choosing is another option. While other investors only invest in accounts receivables of a business they know well etc. Alternatively, you can also invest in a business located in a foreign country. So as you can see, the opportunity to grow and diversify your IRA account is endless. Only a Self-directed IRA account will truly allow you to invest in things you know well all tax-free.

Careful planning:

The biggest risk is “self-dealing” which the IRS and Labor of Department prohibits. Here’s an example; Say you take $100,000 from your $300,000 IRA to buy property on which you hunt and fish. If the IRS finds out about your personal use of the land, the entire $300,000 could be considered distributed, and all the money subject to income tax and withdrawal penalty this tax year.

To learn more, just give us a call for a free consultation as we explore your investment options. For more information on Self-directed IRA account, please visit www.AdelphiRetirement.com.

For better understanding on how to fund a new or existing business, simply email me at  wlam@adelphiretirement.com or call us at 520-838-0851

 

Wai-Yew “Andrew” Lam, Founder.

Adelphi Retirement Management, Inc.

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