Roth Redo Can Slash Taxes, but Be Careful

More On Tax Planning

from The Advisor's Professional Library
  • Annuities: Variable Annuities Annuities are hot. The tax rules vary with the circumstances. Advisors must be aware of these intricacies when discussing annuities with clients.
  • IRAs: In General Individual Retirement Accounts are highly popular tools for contributing funds that grow on a tax deferred basis. Depending on the type of IRA, the accumulation can be tax free.

As values in your clients’ accounts drop post-Roth conversion, they may be able to save on their tax bills by doing a Roth reconversion. Clients that did a Roth conversion will be taxed on the value of the converted amount at the time of the conversion. If the value of the account drops post-conversion, they may be taxed on an amount that is much higher than the value of the account at tax time.

The good news is that there’s a way to reverse the Roth conversion and reconvert at the lower account value, saving on income taxes in the process.

Before a Roth reconversion can be done, the Roth account must be recharacterized as a traditional IRA. The account can then be reconverted to a Roth account. The trickiest part of a reconversion is getting the timing right.

First, recharacterization from a Roth to a traditional IRA must be completed by Oct. 15 of the calendar year after the conversion. Second, an amount that was converted to a Roth and then recharacterized as a traditional IRA cannot be reconverted to a Roth in the year of the first conversion; you’ll have to wait until at least Jan. 1 of the next year. Also, you’ll also have to wait 30 days from the recharacterization before you reconvert from a traditional IRA to a Roth.

A lot can happen between the recharacterization and the reconversion, so you’ll need to decide whether you believe that the post-conversion losses in the account will stand until the reconversion can take place. If you recharacterize to a traditional account and then the account rebounds higher than its previous value, you’ll end up with a bigger tax bill. As a result, it often makes sense to wait to recharacterize the Roth until the end of the year.

For example, suppose Client converted his $100,000 traditional IRA to a Roth in March of year 1. If the account loses 50% of its value by August of year 1, Client will still be taxed on the full value of the account, $100,000, despite the fact that the account is now worth only $50,000.

A recharacterization is probably in order for Client. But if the conversion is done too early, it could end up costing him more in the end. If, for instance, the reconversion to a traditional account happens in September of year 1, he will have to wait until January of year 2 before he will be allowed to reconvert to a Roth account. If the account holds highly volatile stock that rebounds, picking back up its lost value and adding another $10,000, he will be taxed on $110,000 instead of the original $100,000.

As a result, it often makes sense to wait to recharacterize the Roth until at least Dec. 1 of the year of the original conversion. Then there will be only a 30 day lag between the recharacterization and reconversion, which decreases the likelihood of significant movement before the reconversion can be accomplished. But no matter when the recharacterization is done, clients must understand that reconversion is a gamble they could lose.

For additional coverage of this issue and similar ones, we invite you to sign up with AdvisorOne’s partner, AdvisorFX, for a free trial.

About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

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