Retirement Planning for Next Four Years Under President Obama

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With the election behind us, it is time for your clients to turn their attention to the looming tax reforms that should take shape over the next two months, and how these reforms can affect their retirement planning. Both arms of Congress will be working to reach a compromise on tax code provisions as basic as income tax rates before Jan. 1, after which the Bush-era tax cuts will expire, and rates could revert to pre-2001 levels.

Though President Obama spent little time discussing his views on tax-favored retirement accounts during his campaign, the plans he did set forth are indicative of the consequences for retirement savings. While this impact may not be immediately apparent to your clients, it is something that they need to consider as they plan for retirement this year and beyond.

Income Tax Rates

Under President Obama’s plan, income tax rates will not change for clients earning less than $250,000 per year, but clients earning more than this should expect a tax hike. The current proposals would increase the tax rate for clients in today’s 35% bracket to 39.6%. While this has an obvious impact on your clients’ take-home income, it also affects the value of their retirement savings accounts.

To illustrate with a simplified example, let’s assume a client in today’s 35% bracket contributes the maximum $17,000 in tax-free contribution to his 401(k) in 2012. Assuming a conservative 3% growth rate, the client’s $17,000 will have grown to $22,847 in ten years. If he would have invested the after-tax funds ($11,050 after 35% is withheld for taxes in 2012) over ten years, the balance would have grown only to $14,850 at a 3% growth rate.

If Obama’s plan is enacted, this client could pay ordinary income taxes at a 39.6% rate when he withdraws the funds. Assuming a lump-sum withdrawal after ten years, this will leave the client with $13,799. If the tax rate would have remained at 35%, the client would have been left with over $1,000 more—$14,850.

In this scenario, the client would be better off investing his 2012 funds outside of the plan so that the funds are taxed at 2012 income tax rates. Unfortunately, increased taxes on investments proposed for 2013 will also likely impact the higher-income client’s savings plans, so it is important to prepare clients for this reality if they are unable to invest in an account that provides for future tax-free withdrawals, such as a Roth IRA or Roth 401(k).

It should be noted that this scenario makes many assumptions: a 3% growth rate may be conservative, but if the markets have taught us anything in the past decade, the potential for variance is wide. Further, it assumes that the client will remain in the higher tax brackets after he has retired, which is not always the case.

Contribution Limits

It is also possible that we will see reductions in the maximum tax-deferred contribution limits for retirement savings plans in the coming years. While President Obama’s proposals do not spell out this possibility, his plan is to impose the larger tax hikes on higher earning clients in an effort to maintain today’s tax rates for lower- and middle-class families. Logically, high-income families are able to contribute the most to tax-deferred retirement accounts, putting the higher limits at risk.

Today, total employee and employer-matching contributions must be below $50,000 per year (the employee contribution limit is $17,000 in 2012). Proposals have sought to limit this amount to the lesser of $20,000 or 20% of the employee’s compensation, which could further reduce the value of your clients’ 401(k) accounts.

Conclusion         

Though the parameters of the upcoming tax reforms are by no means set in stone, President Obama’s reelection gives advisors a slightly clearer picture of what to expect. Many of your clients have been preparing for this during the past year, but it is important that they be made aware of some of the less obvious effects that we could see.

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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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