Structuring IRA Distributions To Prevent Penalties - Secure Harbor Planning: A Few Effective Techniques

IRA distribution rules are a mine field. One incorrect move and you could discover yourself faced with high taxes and penalties which could wipe out years of savings and investment. Complicating matters is the Darwinian evolution of IRAs that have taken place since the first IRA was launched in '74 with the enactment of the Worker Retirement Income Security Act (ERISA ). Since '74, IRA policy have altered dramatically and laws was enacted to severely punish those who do not follow the policy, to the letter of the regulation. IRAs come in several flavors but, for reasons of this article we'll focus on the 2 chief kinds of IRAs: Traditional IRAs and Roth IRAs.

Strategies for Minimizing Penalties on Early Distributions

Generally, any distribution from an IRA before you reach age 59 1/2 is considered an early distribution and is matter of a 10 percent penalty on the taxable quantity received in a distribution. There're particular IRA distribution rules that might be used to avoid the burden of this early withdrawal penalty.

1. Using IRA Money to Buy or Build Your First House - As much as $10,000 might be withdrawn from an IRA as an early distribution penalty-free, so long as the distribution is used to purchase, construct or repair a first home for yourself, your spouse, you or your spouse's child, you or your spouse's grandchild or you or your wife's parent or ancestor.

2. Using IRA Funds for Medicinal Bills - Penalty-free early distributions could be made if the money are used to pay unreimbursed medicinal expenses which exceed 7.5 percent of your adjusted gross earnings. There's no condition to itemize deductions to be eligible for this exception.

3. Using IRA Funds for University Costs - Traditional IRAs can also be tapped to aid fund university expenses; however, the taxable amount of the distributions from these IRAs shall be matter of income tax in the year of the distribution.

Roth IRA distribution rules

Roth IRAs have unique regulations with respect to distributions. Contributions withdrawn aren't subject to the ten percent penalty and there is no RMD with Roth IRAs. So as for Roth IRA earnings distributions to be tax-free, the account should have been opened for 5 years and the distributions should be made after reaching age 59 1/2. If you fullfil the 5-year rule but not the 59 1/2 year regulation, distributions in excess of your contributions will be taxable and subject to a ten percent penalty.

1. No RMD - With Roth IRAs, there's no RMD at age 70 1/2. This means a Roth IRA operator is never needed to make a distribution out of their Roth IRA. Because of this, Roth IRAs can grow, untaxed, throughout the lifetime of the owner, allowing a larger legacy for their beneficiaries.

2. 0% Effective Tax Rate - Qualified distributions from Roth IRAs are not subject to income tax...ever. This means you are unaffected by future tax increases as your effective tax rate is constantly the same...zero.

3. Conversion Chances - Beginning after January 1, 2010 anybody, irrespective of their earnings level, may convert conventional IRAs into Roth IRAs. The tax on the taxable income for 2010 conversions can be delayed into 2011 and 2012. If you don't have enough money set aside to do a 100% conversion you can do partial conversions.

4. College Costs - As Roth IRA contributions might be withdrawn, tax-free, penalty-free, at any time, this kind of contributions can be a tax-free future funding source for your child's academy expenses.

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