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Secure Act 2.0: Tax Planning Tips

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Tax planning for your retirement savings is also important. To help with that, you can typically choose between two account types as you save for retirement: Traditional IRA or employer-sponsored plans, or Roth versions of the same. 

All Things Roth

Either way, your retirement savings grow tax-free while they’re in your accounts. The main difference is whether you pay income taxes at the beginning or end of the process. For Roth accounts, you typically pay taxes up front, funding the account with after-tax dollars. Traditional retirement accounts are typically funded with pre-tax dollars, and you pay taxes on withdrawals. 

That’s the intent, anyway. To fill in a few missing links, the SECURE 2.0 Act:

  • Eliminates Required Minimum Distributions for employer-sponsored Roth accounts, such as Roth 401(k)s and Roth 403(b)s, to align with individual Roth practices (2024)
  • Establishes Roth versions of SEP and SIMPLE IRAs (2023)
  • Lets employers make contributions to traditional and Roth retirement accounts (2023)
  • Lets families potentially move 529 plan assets into a Roth IRA (2024 – as described above)

There’s one thing that’s not changed, although there’s been talk that it might: There are still no restrictions on “backdoor Roth conversions” and similar strategies some families have been using to boost their tax-efficient retirement resources. 

Speaking of RMDs

Not surprisingly, the government would prefer you eventually start spending your tax-sheltered retirement savings, or at least pay taxes on the income. That’s why there are rules regarding when you must start taking Required Minimum Distributions (RMDs) out of your retirement accounts. That said, both SECURE Acts have relaxed and refined some of those RMD rules. 

  • Extended RMD Dates (2023): the original SECURE Act postponed when you must start taking taxable RMDs from your retirement account—from 70 ½ to 72. The SECURE 2.0 Act extends that deadline further. If you were born between 1951–1959, you can now wait until age 73. If you were born after that, it’s age 75. 
  • Reduced Penalties (2023): If you fail to take an RMD, the penalty is reduced from a whopping 50% of the distribution to a slightly more palatable 25%. Also, the penalty may be further reduced to 10% if you fix the error within a prescribed correction window. 
  • Aligned RMD Rules for Personal and Employer-based Roth Accounts (2024): As mentioned above, RMDs have been eliminated from employer-based Roth accounts. If you’ve already been taking them, you should be able to stop doing so in 2024. 
  • Enhanced RMDs for Surviving Spouses (2024): If you are a widow or widower inheriting your spouse’s retirement plan assets, you will be able to elect to determine your RMD date as if you were your spouse. This provision can work well if your spouse was younger than you. As described here: “RMDs for the [older] surviving spouse would be delayed until the deceased spouse would have reached the age at which RMDs begin.”

An Addendum For Charitable Donors

One good thing hasn’t changed with SECURE 2.0: Even though RMD dates have been extended as described, you can still make Qualified Charitable Distributions (QCDs) out of your retirement accounts beginning at age 70 ½, and the income is still excluded from your taxable adjusted gross income, as well as from Social Security tax and Medicare surcharge calculations. Plus, beginning in 2024, the maximum QCD you can make (currently $100,000) will increase with inflation. Also, with quite a few caveats, you will have a one-time opportunity to use a QCD to fund certain charitable trusts or annuities. 

Next Steps

How else can we help you incorporate SECURE 2.0 Act updates into your personal financial plans? The landscape is filled with rabbit holes down which we did not venture, with caveats and conditions to be explored. And there are a few provisions we didn’t touch on here. As such, before you proceed, we hope you’ll consult with us or others (such as your accountant or estate planning attorney) to discuss the details specific to you. 

Come what may in the years ahead, we look forward to serving as your guide through the ever-evolving field of retirement planning. Please don’t hesitate to reach out to us today with your questions and comments.

Justin D. Rucci, CFP®

Wealth Advisor, Warren Street Wealth Advisors

Investment Advisor Representative, Warren Street Wealth Advisors, LLC., a Registered Investment Advisor

The information presented here represents opinions and is not meant as personal or actionable advice to any individual, corporation, or other entity. Any investments discussed carry unique risks and should be carefully considered and reviewed by you and your financial professional. Nothing in this document is a solicitation to buy or sell any securities, or an attempt to furnish personal investment advice. Warren Street Wealth Advisors may own securities referenced in this document. Due to the static nature of content, securities held may change over time and current trades may be contrary to outdated publications. Form ADV available upon request 714-876-6200.

Reference Materials and Additional Reading:

Charitable Giving

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Maximize Your Giving and Minimize Your Taxes

The end of the year is quickly approaching, which may prompt a review of any final tax planning strategies to employ before December 31. The fall and winter holiday season also turns our minds to gratitude and giving. Perhaps surprisingly, these year-end considerations are not mutually exclusive.

To promote charitable giving, the IRS offers tax deductions for certain charitable donations. The most straightforward tax benefit is an itemized deduction of the amount of any cash donations to a qualifying charitable organization, up to 60% of the taxpayer’s Adjusted Gross Income for the year (with a five-year carryover allowed). If you itemize deductions, this is an easy deduction to claim and one you are probably already aware of.

But tax-aware charitable giving strategies don’t end there. For example, a special above-the-line deduction (for non-itemizers) was created just for 2020-21 for any taxpayer to deduct cash donations up to $300 for single filers or $600 for married filing jointly.

Let’s look at three additional options to maximize your giving while minimizing your taxes.

1. Qualified Charitable Distributions 

A qualified charitable distribution (QCD) is a direct transfer from your IRA (traditional, rollover, inherited, SEP, or SIMPLE) to a qualified charity. Several attractive benefits come with a QCD:

  • First, a QCD counts toward your annual required minimum distribution (RMD).
  • Second, the amount of a QCD is excluded from your taxable income. So, rather than taking a withdrawal from your IRA, having taxes withheld, and then writing a check to your favorite charity, consider making a direct transfer from your IRA to the charity. You can send the full amount to charity without having taxes withheld on the distribution.
  • Third, the tax-exemption of a QCD doesn’t require that you itemize your deductions. Normally, to get a tax deduction for charitable giving, you need to itemize your tax deductions rather than use the standard deduction. But a QCD is tax-exempt whether or not you itemize – allowing you to take the higher deduction (whether that is the standard or itemized) and get a tax benefit for your charitable contributions either way.

To be eligible for a QCD, you must be 70 ½ or older and SEP or SIMPLE IRAs must be inactive. QCDs are limited to $100,000 per year per person and may be further limited if you are still contributing to the IRA. To count toward the current year’s RMD, the funds must be transferred from the IRA by the RMD deadline (usually December 31). 

2. Donor-Advised Funds
A Donor-Advised Fund (DAF) is a fund you establish to set aside cash and other assets for charitable giving. You receive a tax deduction for the amount given to the fund in the year contributed, and the assets are available for you to donate to specific charitable organizations at any time. 

Donations of appreciated assets, such as stock or real estate, can be given to the DAF without paying capital gains taxes. Any further growth of assets in the DAF is not taxable to you since it is already irrevocably reserved for charitable gifts.

A DAF can be used in a “batching” strategy, where the tax-deductible contribution to the fund happens in one year and then donations to your chosen charities subsequently happen on whatever timeline you wish. You can fund a batch of charitable gifts in one single tax-deductible contribution. This is a great tax-mitigating tool for a particularly high-income year and a useful ongoing strategy to maximize the tax benefits of your charitable giving. 

3. Charitable Remainder Trusts

Charitable Remainder Trusts allow you to make partially tax-deductible contributions to the trust while achieving a two-fold goal: providing an income stream to yourself or another beneficiary and giving to a charitable organization.

There are two types of Charitable Remainder Trusts: a Charitable Remainder Annuity Trust (CRAT) and a Charitable Remainder Unitrust (CRUT).

  • A CRAT distributes a fixed amount to the chosen beneficiary (yourself or someone else) each year. At the end of the trust term (no more than 20 years), the remainder of the trust goes to your chosen charitable organization(s). Additional contributions cannot be made once the CRAT is established.
  • A CRUT distributes a fixed percentage of the trust assets to the beneficiary, with the remainder going to your chosen charitable organization(s). Additional contributions can be made over the life of a CRUT.

The tax deduction of contributions to a Charitable Remainder Trust is based on the type of trust, the term of the trust, the projected income payments, and the IRS interest rate assumptions. You can combine a Charitable Remainder Trust with a Donor-Advised Fund to offer more flexibility. 

CARES Act Enhancements

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) added some additional tax incentives for charitable giving in tax years 2020 and 2021. The maximum allowed deduction for cash contributions increased to 100% of AGI, with a five-year carryover allowed. The deduction allowed for corporations increased to 25% of taxable income. As mentioned previously, a special above-the-line deduction (for non-itemizers) was also created for any taxpayer to deduct cash donations up to $300 for single filers or $600 for married filing jointly.

Family, corporate, and private non-operating foundations are excluded from these enhanced benefits, along with supporting organizations under Section 509(a)(3) and donor-advised funds. These enhancements only apply to cash contributions. Contributions of appreciated assets (like stock or real estate) are subject to the same prior limit of 30% of AGI.

Conclusion

Immediate action items we recommend:

  • If you gave to charity in 2021, make sure you take the special above-the-line deduction (up to $300 for single filers and $600 for married filing jointly).
  • If you are over age 70 ½ and donating to charity, talk with your advisor about making Qualified Charitable Deductions from your IRA.
  • If you had unusually high income this year and/or if you are consistently giving large amounts to charity, talk with your advisor about setting up a Donor-Advised Fund.

Charitable giving is a fulfilling practice and an important piece of many financial plans. Current tax law incentivizes charitable gifts, and thus, skilled tax planning can help you maximize what you can give. Talk to your advisor or tax professional to see if any of these charitable giving strategies could help you achieve your financial goals.

Kirsten C. Cadden, CFP®

Associate Advisor, Warren Street Wealth Advisors

Investment Advisor Representative, Warren Street Wealth Advisors, LLC., a Registered Investment Advisor

The information presented here represents opinions and is not meant as personal or actionable advice to any individual, corporation, or other entity. Any investments discussed carry unique risks and should be carefully considered and reviewed by you and your financial professional. Nothing in this document is a solicitation to buy or sell any securities, or an attempt to furnish personal investment advice. Warren Street Wealth Advisors may own securities referenced in this document. Due to the static nature of content, securities held may change over time and current trades may be contrary to outdated publications. Form ADV available upon request 714-876-6200.