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November/December 2009

 

 

Current Status of the Federal Estate Tax

 

Why Review & Update An Existing Will?

 

 

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Take Advantage of Retirement Plan Rules Changes
By Allison Comstock

Whether you are enjoying your retirement or still saving for one, two changes in the law may be worth your consideration.

Skip or Undo your Retirement Plan Distributions in 2009:
If you are over age 70½ or are a beneficiary of an inherited IRA or qualified retirement plan, you may elect not to receive your “required minimum distribution” for 2009 from your qualified retirement plan or IRA. In response to the plunging values of retirement accounts in 2008, Congress has provided a 1 year suspension on these mandatory payouts so that retirees may benefit from any market recovery and not be forced to cash-in assets at a time when values were low. Minimum distributions will again be required in 2010.

For those who have already taken your required minimum distribution in 2009, there is a brief opportunity available for you to “undo” your 2009 distribution. You may roll the money back into your IRA or retirement account by November 30, 2009, if you received your distribution before October 1, or, if the distribution was taken after September 30, then no later than 60 days after the distribution. If your distribution was made in more than one installment from an IRA, however, only one installment may be returned to the IRA.

Convert to a Roth IRA in 2010:
The restriction on conversions to a Roth IRA for taxpayers earning over $100,000 will be eliminated in 2010. Beginning next year, all owners of traditional IRAs may convert the accounts into Roth IRAs, which will permit the account to be withdrawn during retirement tax-free. However, federal income tax for the conversion will be due on the value of the rollovers relating to the pre-tax contributions and the investment growth of the traditional IRA. For rollovers made in 2010 only, the conversion amount can be split and added to your taxable income over 2 years instead of one. While the IRS will get your tax payments now, all of the present value and future growth in the Roth IRA will escape taxation.

Careful estate planning now can ensure that you preserve as much wealth as possible for your family. We would be pleased to assist you in separating the opportunities from the pitfalls in planning your estate in light of Congress’ frequent changes to the federal tax laws. If you have questions, please call a member of our Estate Planning Group: Alan Shovers, Brian Williams, John Hegeman, Mark Samila or Allison Comstock @ (812) 423.3183.

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