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Ask an Advisor: Best Strategies for Charitable Giving in 2024

In 2023, charitable giving in the United States reached an impressive $557.16 billion. For many high-net-worth Americans approaching retirement, philanthropy becomes a central focus. It’s not just about the satisfaction of making a difference; it’s also about aligning generosity with financial strategies that maximize impact and tax efficiency.

But navigating the complexities of charitable giving can be challenging. That’s where asking an experienced fiduciary advisor can make all the difference. A knowledgeable advisor can help you develop a giving strategy tailored to your unique financial situation, helping your contributions effectively support the causes you care about while complementing your overall retirement plan.

In this blog, we’ll provide insights for HNW retirees looking to enhance their year-end giving strategies. Here’s what you need to know to make the most of your charitable contributions.

Why Charitable Giving Matters

Charitable giving is more than just a financial transaction; it’s a powerful way to make a meaningful and lasting impact on the causes you care about. Beyond the immediate benefit to the organizations and communities you support, it helps align your values with your financial plans. This creates a dual benefit of doing good while managing your wealth strategically.

With ongoing economic shifts and changes in tax laws, understanding the best ways to give can help you maximize your philanthropic contributions and financial position. Choosing the right methods and timing for your donations can help reduce your taxable income, minimize capital gains, and potentially lower your estate taxes. Let’s take a look at some of the best strategies you can use for your charitable giving efforts.

1. Leverage Donor-Advised Funds (DAFs)

A Donor-Advised Fund (DAF) is one of the most popular and flexible strategies for charitable giving. It allows you to contribute assets—such as cash, stocks, or real estate—to a tax-advantaged fund, which can then distribute grants to multiple charities over time. DAFs offer several benefits, including potential tax deductions, centralized giving, and investment growth opportunities. Here’s a closer look at the advantages:

  • Tax Benefits: Donors can receive an immediate tax deduction for a DAF contribution, which is especially beneficial in high-income years. For 2024, the deduction limit for gifts to donor-advised funds is up to 30% of adjusted gross income (AGI) for non-cash assets held for more than one year and up to 60% of AGI for cash donations.
  • Flexibility: DAFs can distribute funds to multiple charities over time, allowing donors to choose the timing and recipients of their donations according to their philanthropic goals.
  • Investment Growth: While the assets are held in the DAF, they can be invested, potentially growing the value of the charitable gift over time. This growth can result in even more significant support for the charities of your choice.

2. Utilize Qualified Charitable Distributions (QCDs)

A Qualified Charitable Distribution (QCD) allows you to transfer funds directly from your IRA to a qualified charity, helping to lower your taxable income. This strategy is particularly beneficial for those taking Required Minimum Distributions (RMDs), as it allows you to satisfy the RMD requirement without increasing your taxable income while supporting a cause you care about.

  • How It Works: If you are an IRA owner aged 70½ or older, you can exclude up to $100,000 of QCDs from your annual gross income. For married couples, each spouse aged 70½ or older with their own IRA can exclude up to $100,000, for a combined total of up to $200,000 annually.
  • Tax Benefits: QCDs are excluded from your taxable income, providing a tax benefit even if you do not itemize deductions. This makes them especially valuable for those who typically take the standard deduction.
  • Eligibility: QCDs can only be made from IRAs, not 401(k)s or other retirement accounts. As always, it’s important to consult with a fiduciary advisor to determine eligibility and whether this strategy is right for you.

3. Bunching Charitable Contributions

For many taxpayers, itemizing deductions can be challenging due to high standard deduction thresholds. In 2024, the standard deduction amounts are $14,600 for Single or Married Filing Separately, $29,200 for Married Filing Jointly or Qualifying Surviving Spouse, and $21,900 for Head of Household. To exceed these thresholds and benefit from itemizing, “bunching” charitable contributions into a single tax year can be an effective strategy.

  • How It Works: Instead of spreading donations evenly over several years, you “bunch” two or more years’ contributions into one year. This allows you to itemize deductions in the year of the large donation, potentially maximizing your tax benefits while taking the standard deduction in other years.
  • Who Benefits: This approach is particularly advantageous for high-net-worth individuals with fluctuating incomes or those anticipating a high-income year when maximizing deductions would be most beneficial.

4. Consider Charitable Remainder Trusts (CRTs)

A Charitable Remainder Trust (CRT) is a powerful tool for individuals seeking income streams while making a meaningful charitable contribution.

  • How It Works: You contribute assets to the CRT, providing you (or other beneficiaries) an income stream for a set period or lifetime. At the end of the trust term, the remaining assets are donated to your chosen charity.
  • Tax Benefits: The donor receives an immediate charitable deduction based on the present value of the remainder interest that will eventually go to charity. Appreciated assets can be sold within the CRT without incurring immediate capital gains taxes.
  • New IRS Guidance: In 2024, the IRS has issued new guidance on calculating CRT payouts, making it crucial to consult with a fiduciary advisor to ensure compliance and maximize benefits.

5. Incorporating Charitable Giving into Estate Planning

Estate planning and charitable giving often go hand in hand for HNWIs. Incorporating charitable strategies into your estate plan can help meet your philanthropic goals while minimizing estate taxes.

  • How It Works: One of the simplest ways to include charitable giving in your estate plan is by making properly structured gifts and donations. You can remove assets from your estate before the total is tallied and taxed.
  • Tax Benefits: For 2024, the annual exclusion from the gift tax—the amount you can gift annually to individuals without incurring tax consequences—has increased from $17,000 to $18,000 per recipient. The lifetime exclusion amount, the total amount you can transfer without incurring federal gift or estate taxes, is currently $13.61 million per individual. Staying informed about these limits is essential, as they can change periodically.
  • Review and Update: Given the potential for changes in tax laws, it’s crucial to review and update your estate plan regularly to help ensure it aligns with current regulations and your personal and financial goals. Working with a fiduciary advisor can help you navigate the complexities of gifting and estate planning, helping align your financial decisions with your long-term objectives.

Partner with a Fiduciary Advisor: A Strategic Approach to Giving

Charitable giving can be complex, and the rules and regulations change frequently. This is where working with a fiduciary advisor can be beneficial. At Agemy Financial Strategies, we understand the unique needs of HNWIs in Connecticut, Colorado, and beyond and offer personalized strategies to help you maximize your charitable impact while aligning with your financial goals.

  • Risk Management: We meticulously vet and evaluate potential beneficiaries to help ensure your contributions to reputable and financially stable organizations. This thorough due diligence minimizes the risk of misappropriating or misusing your funds.
  • Customized Strategies: We understand that each giver has unique financial circumstances and philanthropic goals. Our team works closely with you to develop a personalized giving strategy that aligns with your values, maximizes the impact of your contributions, and optimizes your tax benefits.
  • Legacy Planning: If you aspire to create a lasting philanthropic legacy, our fiduciaries can help guide you. We assist in setting up trusts, endowments, or foundations that perpetuate your giving beyond your lifetime.
  • Compliance and Reporting: Agemy Financial Strategies is well-versed in the complex regulations and reporting requirements associated with charitable giving. We handle all compliance matters so that your donations adhere to legal guidelines and that you receive the full range of tax benefits.

Make Your Impact Count in 2024

At Agemy Financial Strategies, we are committed to providing our clients guidance on charitable giving as they plan for retirement. We recognize your generosity’s profound impact on your community and financial well-being.

Our team of experienced fiduciaries is here to support you every step of the way, helping your retirement years be both fulfilling and financially sound. With our help, you can create a lasting legacy that reflects your values while potentially maximizing your tax benefits.
Contact us today to set up a complimentary strategy session and discover how we can help you achieve your philanthropic and financial goals.

Disclaimer: This content is for educational purposes only and should not be considered financial or investment advice. Please consult with the fiduciary advisors at Agemy Financial Strategies before making any investment decisions.

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ChatGPT vs. Financial Advisors

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In a world where technology is rapidly advancing, many are turning to AI for questions ranging from health concerns to intricate coding. But is this a sustainable long-term solution when planning for retirement? Let’s find out!

There’s no doubt that technology has become an integral part of our lives, including how we manage our money. With AI-powered chatbots like ChatGPT and Google Bard now available, people can easily find answers to their pressing questions. But is it advice we can trust when it comes to our financial future?

To help decide, we will explore the advantages and disadvantages of ChatGPT compared to a human financial advisor. Here’s what you need to know.

What Is ChatGPT?

ChatGPT is a part of the new generation of AI language models created by OpenAI. It harnesses the power of machine learning to comprehend and generate text that closely resembles human language. The more intricate the questions, the more detailed the response. 

AI language models like ChatGPT have made significant contributions to various industries. For instance, businesses in customer service utilize ChatGPT to automate responses to common questions. It has also been instrumental in the education sector, assisting educators in creating intelligent tutoring systems that offer personalized support to help students.

Yet, as we embrace the many benefits of AI, it’s equally important to acknowledge its potential downsides, especially when it comes to sensitive monetary issues like investing.

Let’s take a look at how ChatGPT can help in the retirement planning process.

Advantages of Using ChatGPT

In retirement planning, making informed decisions is crucial to secure a financially stable future. Impressive data analysis capabilities, efficiency, accessibility, and affordability have positioned AI tools as an attractive alternative to financial advisors for retirement planning advice. Here are some of the advantages of using ChatGPT for retirement planning:

  • Accessibility: ChatGPT is available 24/7, making it convenient for users to seek financial guidance whenever needed. Real financial advisors, on the other hand, may have limited availability and often require appointments.
  • Speed: ChatGPT provides instant responses, which can be especially valuable for quick inquiries or urgent financial decisions.
  • Cost-Effective: Most AI chatbots, including ChatGPT, are typically free. (However, the newest version, GPT 4, costs $20/month.)
  • Privacy: Some individuals may feel more comfortable discussing sensitive financial matters with an AI chatbot, as they don’t have to worry about their information being shared or judged.

Limitations of ChatGPT

While ChatGPT undoubtedly offers numerous advantages in retirement planning, it’s equally important to recognize and understand its limitations. Let’s delve into some of these major constraints:

  • Lack of Personalization: ChatGPT provides general information and cannot tailor advice to an individual’s unique financial situation, goals, and risk tolerance – all of which are needed to provide accurate and customized advice. 
  • Zero Emotional Intelligence: AI chatbots lack emotional intelligence and cannot provide the empathy and emotional support that a human advisor can offer during challenging financial situations.
  • Complex Financial Planning: Real financial advisors bring ample experience that AI chatbots cannot replicate for complex financial planning, such as investing, retirement planning, or estate planning.
  • Accountability: In the event of incorrect advice or financial losses, AI chatbots like ChatGPT do not have accountability. In contrast, real financial advisors are regulated and can be held responsible for their advice.

The Human Touch

While the capabilities of modern AI technology are impressive, it is important to recognize that AI systems would have to overcome significant trust hurdles before they would be in any position to replace human advisors. 

In reality, human advisors possess the capacity to have significant conversations, attend to personal circumstances, respond to inquiries, and provide reassurance in a manner that artificial intelligence cannot imitate. This personalized approach and their ability to adjust guidance to match changing life circumstances render human financial advisors indispensable when delivering genuinely thorough financial advice to their clients.

Working With a Real Financial Advisor

Both ChatGPT and human financial advisors have their strengths regarding retirement planning advice. ChatGPT is great at math and can help with number-related tasks (though it’s a good idea to double-check its calculations), but when creating a customized financial plan to help you reach your long-term goals, a real financial advisor is the clear winner.

Financial advisors, particularly Fiduciary advisors, offer a personalized approach to retirement planning. A Fiduciary is an advisor who is legally and ethically bound to act in the interests of their clients. To recap, here’s why you should opt for a real financial professional regarding your retirement planning:

Human Guidance:

Real-life Fiduciary advisors offer personalized financial advice tailored to your specific goals, risk tolerance, and financial situation. They can understand your unique circumstances and provide human empathy and understanding in complex financial decisions.

Human Support:

Fiduciary advisors can provide emotional support during market volatility or life events, helping you stay committed to your long-term financial plan. They can offer reassurance and guidance when emotions might lead to impulsive decisions.

Multifaceted Financial Resolutions:

Human advisors excel in handling intricate financial scenarios, such as estate planning, tax optimization, and retirement income strategies. They can adapt strategies to changing regulations and market conditions, helping to ensure your financial plan remains relevant.

Fiduciary Duty:

Fiduciary advisors are legally obligated to act in your best interests, minimizing conflicts of interest. They offer transparency and accountability in their actions, helping you trust the advice you receive.

While AI can provide valuable financial insights and automate certain tasks, real-life fiduciary advisors offer a holistic and personalized approach to financial planning and support.

Final Thoughts

Planning for retirement is a significant financial milestone, and making informed decisions for a secure financial future is essential. As observed, ChatGPT provides universal information and insights for retirement planning based on the given parameters: It may help generate retirement savings goals and generic investment options; however, it cannot account for personal circumstances, goals, risk tolerance, and specific family dynamics as a human advisor can.

It’s always important to regularly meet with your financial advisor to get the facts from the source. Be sure to update them on your financial situation, including your expected retirement date, income needs, and any other family situations that may affect your financial plan.

Are you looking for the human touch in your retirement income plan? At Agemy Financial Strategies, our team of Fiduciary advisors is well-versed in comprehensive retirement planning services to help you reap a steady income stream throughout your golden years. We are dedicated to helping clients navigate the intricacies of planning for retirement to help ensure you never outlive your savings.

If you’re ready to begin your retirement planning journey, contact us today to set up your complimentary consultation.

 

Disclaimer: This content is for educational purposes only and should not be considered financial or investment advice. Please consult with the fiduciary advisors at Agemy Financial Strategies before making any investment decisions.

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Investing in Real Estate During Retirement

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Do you REALLY need Real Estate in your investment portfolio? If you do, what percentage of your portfolio should it cover? Let’s find out. 

Navigating investments at any stage in life can be complex, but the stakes become even higher as retirement approaches. During retirement, the main goal is to minimize risk, generate income, and protect your assets from inflation. So, is real estate a good option for retirement?

The answer is not a one-size-fits-all solution. It depends on various factors unique to your situation. In this blog, we will explore real estate investments for retirees and how you can make informed decisions that align with your goals and needs. Here’s what you should know.

What are Real Estate Investments? 

While many people own the home they live in, generally, that’s not considered a real estate investment. Adding real estate to your portfolio can add diversity and growth to your portfolio without adding significant risk (though, like with all investments, risk is always a factor to consider).

Real estate investments are either active or passive. Active ones, like house flipping or managing rentals, demand your time, effort, and often more money. They can earn more but come with higher risks. Passive ones, like investing in REITs or real estate funds, don’t need you to manage properties and are less hands-on with a smaller initial investment.

The Benefits of Real Estate Investments

Real estate has been a popular form of investment for decades. Whether buying, owning, or managing real estate properties, you can generate income, capital appreciation, or both. Unlike other investment options, real estate often provides a steady and predictable cash flow, making it an attractive choice for individuals searching for a stable income stream.

Even though mortgage rates nationwide have recently become more affordable, as of January 2023, home prices in the United States dropped for the seventh consecutive month. As a result, sellers are finding themselves in a situation where they are more willing to accommodate their buyers’ requests, which can lead to some excellent deals for buyers.

Looking back at historical trends, real estate has consistently demonstrated an inclination to increase in value over time. Although short-term fluctuations may occur, well-located properties tend to see their worth rise over the years, giving investors the opportunity for significant capital gains when they eventually decide to sell.

In addition to these benefits, real estate investments offer valuable tax advantages. These tax benefits can substantially reduce your overall tax liability, further enhancing the financial attractiveness of real estate investments. Now that we have explored the benefits of direct real estate investments, let’s dive into Real Estate Investment Trusts (REITs).

To sum up, the reasons why so many investors choose Real Estate in their portfolio include:

  • Steady cash flow. When you invest in places like homes or certain real estate groups, you get a regular paycheck from tenants.
  • Mixing it up. If you already have money in things like stocks or bonds, adding real estate is like adding a different flavor to your money mix. It doesn’t move in the same way as the others.
  • Tax perks. If you own a rental place, there are some cool tax benefits. For instance, the value drop of the house over time can reduce your tax bill. Some can even use losses from their property to lower their regular taxes.
  • It’s real and useful. Unlike some investments that are just numbers on a screen, real estate is a real thing. Even if its price goes down, someone can still live in it and pay rent.

Consider Real Estate Investment Trusts (REITs) for Your Portfolio

Real estate investment trusts (REITs) offer a unique way for investors to join forces and invest in properties collectively. Think of it as a mutual fund, but it focuses on real estate instead of stocks.

For seasoned investors, REITs can be a valuable addition to their portfolio. However, if you’re starting your investment journey, it’s prudent to concentrate on wealth accumulation before diving into REITs. While dependable REITs are in the market, others rely heavily on debt to acquire properties, elevating the investment risk.

Before venturing into REITs, it’s essential to consult with an investment professional, like a Fiduciary Advisor. They can help you evaluate potential risks and ascertain whether REITs align with your financial objectives and overall investment strategy.

Understanding Risks in Real Estate

While real estate investments offer numerous advantages, they have their fair share of risks and challenges. Here are some key considerations:

  • Market Volatility: The real estate market can be quite unpredictable, with property values susceptible to fluctuations influenced by economic conditions, interest rate changes, and other external factors.
  • Property Vulnerability: Properties can be vulnerable to various threats, including damage or devaluation caused by natural disasters or environmental factors. This risk becomes more pronounced as extreme weather patterns become increasingly common.
  • Financial Hurdles: Real estate investments often require a substantial amount of capital. Investors may encounter difficulties when seeking financing or to manage the debt associated with their investments.
  • Ongoing Management: Successful real estate investments demand ongoing management and maintenance. Investors might encounter challenges finding reliable tenants, efficiently overseeing their properties, and addressing unforeseen expenses.

By understanding these potential risks and preparing accordingly, investors can make more informed decisions and develop strategies to mitigate these challenges, ultimately optimizing the benefits of their real estate investments.

Real Estate in Connecticut

Connecticut boasts a unique blend of natural beauty, a rich history, and a proximity to major cities like New York City and Boston. These factors contribute to a real estate market that has proven to be a stable and potentially lucrative investment opportunity.

Here are some reasons why investing in Connecticut real estate during retirement makes sense:

  • Property Appreciation: Over the years, Connecticut has witnessed steady property appreciation. The number of listings increased by 116.1% in April 2023. From 1,759 in December 2022. This means that the value of your real estate investment is likely to increase over time, providing a source of potential capital appreciation.
  • Stable Rental Market: Connecticut has a strong rental market, making it an ideal place to invest in income-producing properties. Rental income can be a reliable source of passive income in retirement.
  • Diverse Investment Options: Connecticut offers a range of real estate investment opportunities, from residential properties to commercial real estate and vacation rentals. This diversity allows you to tailor your investments to your financial goals and risk tolerance.
  • Tax Benefits: Connecticut offers various tax incentives and deductions for real estate investors, making it more appealing for retirees looking to minimize their tax burden.

Real Estate in Colorado

With our sister office located in Denver, Colorado, we have the inside knowledge and advice if you are considering adding Colorado Real Estate into your portfolio.

  • Scenic Diversity: Colorado’s real estate market offers a stunning array of landscapes, from the bustling cityscapes of Denver to the serene beauty of the Rocky Mountains. Buyers can choose from urban, suburban, or rural settings, catering to various lifestyle preferences.
  • Strong Appreciation: Colorado has experienced consistent real estate appreciation over the years, making it an appealing option for investment. In April 2023, the median sale price dropped by 5.2% compared to the previous year, and there was a 26.6% decrease in the number of homes sold. However, there is a silver lining as new buyers enter the market, thanks to more stable mortgage rates, which currently stand at 6.79%.
  • Tax Benefits: Colorado offers property tax deductions for homeowners, helping to reduce the annual tax burden on real estate for seniors 65 or older who have lived in their homes for at least ten consecutive years. This exemption allows eligible seniors to exempt 50% of the first $200,000 of their property’s value from taxation.
  • Agricultural Land Deductions: If you are a landowner with agricultural property, you could be eligible for agricultural land deductions. These deductions could help reduce property tax assessments for qualifying agricultural properties. The deductions amount to 20% of the resulting lease payments, with a cap of up to $25,000 per year, and can be claimed for a maximum of three years.

The Role of a Fiduciary Advisor

Investing in real estate during retirement can pose complexities, especially for those managing significant portfolios. If you’re seeking a Connecticut-based or Colorado-based Fiduciary Advisor with extensive experience in real estate investments, Agemy Financial Strategies is here to help.

Fiduciary Advisors are legally obligated to prioritize your best interests, delivering impartial advice and recommendations aligned with your financial goals. Our seasoned professionals can help you identify opportunities and make well-informed decisions tailored to your unique needs and objectives.

Our advisors are adept at seamlessly integrating your real estate investments into your comprehensive retirement portfolio, helping to ensure it remains balanced and diversified. To explore our full service offerings, see here.

Final Thoughts

Investors should stay informed about changes in the real estate market and be prepared to adjust their investment strategy accordingly. Partnering with a Fiduciary advisor can help you mitigate risks and take advantage of upcoming opportunities. At Agemy Financial Strategies, you can rest assured knowing you are working with professionals who have your best interests at heart. Our Fiduciaries are here to help you make informed decisions and enjoy a financially secure retirement.

Ready to see if real estate investments are right for you? If you’re ready to start the conversation, contact us today to schedule your complimentary consultation.

Disclaimer: This content is for educational purposes only and should not be considered financial or investment advice. Please consult with the fiduciary advisors at Agemy Financial Strategies before making any investment decisions.

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RMDs: The 3-Year Statute of Limitations

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If you’re approaching retirement, you might be familiar with Required Minimum Distributions (RMDs). However, the rules surrounding RMDs are changing, and without proper planning, you could risk IRS-enforced collections. Here’s what you need to know. 

The SECURE 2.0 Act of 2022, enacted Dec. 29, includes almost 100 new retirement plan provisions, many of which aren’t effective yet. But some big changes involving required minimum distributions and related penalty relief are already in effect

Before we delve into the 3-year statute of limitations, let’s briefly recap what RMDs are and why they matter.

What are RMDs?

A required minimum distribution (RMD) is the amount of money that must be withdrawn from employer-sponsored retirement plans by owners and qualified retirement plan participants of retirement age.

In 2023, the age at which you must begin taking RMDs changed to 73 years. Account holders must, therefore, start withdrawing from a retirement account by April 1, following the year they reach age 73. The exact age may vary depending on your retirement plan and when you were born.

The IRS uses a specific formula to calculate your RMD, considering your account balance and factors related to life expectancy. In 2023, the RMD table is based on the IRS’s widely-used Uniform Lifetime Table. It’s worth noting that the IRS has additional tables for account holders and beneficiaries whose spouses are considerably younger.

SECURE 2.0 Shakes Things Up for RMDs

The Securing a Strong Retirement Act of 2022, known as SECURE 2.0 Act, made some changes to the rules about when and how people need to take out money from their retirement plans to avoid being hit with extra taxes.

These changes were designed to make things easier for retirees by giving them more time to file, removing certain requirements, and lowering penalties if they make a mistake. Some of these updates are already in place, and others will start in the coming years, with the last ones kicking in by 2033. The main changes to RMDs include:

1. Changes to the Participant’s RMD Age (Effective in 2023)

Under the SECURE Act of 2019, the RMD age for a terminated participant increased from 70½ to 72 effective in 2020. SECURE 2.0 again changes the RMD age to 73 in 2023, and ultimately to age 75. The chart below highlights the changes to the RMD age at relevant points in time.

Required Minimum Distributions (RMDs)

2. No RMDs Required from Roth Accounts (Effective in 2024)

For 2024 and later years, RMDs are no longer required from designated Roth accounts. You must still take RMDs from designated Roth accounts for 2023, including those with a required beginning date of April 1, 2024. You can withdraw more than the minimum required amount.

3. Removing RMD Barriers to Life Annuities

The rules for Required Minimum Distributions are designed to prevent individuals from deferring taxes for too long, and one way they achieve this is by limiting annuity contracts from providing small initial payments that grow excessively over time. However, in practice, these rules can sometimes restrict even minor increases in benefits. But now, Congress is working to make annuity contracts in defined contribution plans more appealing.

Section 201 of the Act allows commercial annuities purchased under 401(k) and other defined contribution plans, as well as IRAs, to offer the following:

  1. Increases in payments of up to 5% per year.
  2. The option to receive certain lump sums that replace future distribution payments.
  3. The ability to accelerate up to 12 months’ worth of payments.
  4. Reasonable dividend payments.
  5. Death benefits that are equal to the cost of the annuity, reduced by previous payments.

4. Reduction in Excise Tax for RMD Errors

Despite regularly appearing on the list of priorities for tax-exempt and government entities’ compliance, it’s not unusual for people to make mistakes when it comes to Required Minimum Distributions (RMDs).

Up to now, one of the largest penalties in the Tax Code was the 50% penalty for not taking an RMD. It was based on the RMD amount that should have been taken but wasn’t.

SECURE 2.0 lowers this penalty to 25%, and then to 10% if the missed RMD is timely made up.

What is the Statue of Limitations?

The statute of limitations is the time limit for the IRS to file charges or collect back taxes. In general, a statute of limitations is a law (statute) that limits how far back you can go when assessing a penalty, charging someone with a crime, or taking other actions. There are different statutes of limitations for different types of tax issues.

RMDs and the 3-Year Statute of Limitations

There is now a three-year statute of limitations associated with the failure to take a required minimum distribution (RMD) from a retirement account. Overlooked when the SECURE Act 2.0 was enacted was Section 313 of the Act, which added a 3-year statute of limitation for the failure to take an RMD. If an RMD is missed, the 25% penalty is only applicable for the next three years. So what happens after those three years have passed?

The statutes of limitations not only limits the IRS in assessing additional tax on returns filed, but it also limits the amount of time you have to claim a refund or credit due. If the three-year deadline for filing has passed, the IRS, by law, cannot issue your refund.

IRS Form 5329 is a tax form used for reporting retirement plan penalties and requesting a waiver of the RMD penalty. As mentioned above, in the past, not filling out this form for penalty relief meant that the three-year statute of limitations wouldn’t start, resulting in a hefty 50% excise tax. However, thanks to the SECURE 2.0 Act, this tax has been reduced to 25%, and it could drop to 10% if you take action to withdraw the missed RMD within two years.

To solve this problem, the SECURE 2.0 Act introduced a statute of limitations tied to when individual files their federal income tax return, Form 1040. If no federal income tax return is required, the statute period begins on what would have been the tax filing deadline. This new statute of limitations covers missed RMDs for three years and excess IRA contributions for six years but doesn’t apply to early distributions.

Form 5329 left the statute of limitations open indefinitely, allowing penalties and interest to accumulate unnoticed. A positive outcome happened once Congress addressed the issue. However, even with these changes, there are still exceptions retirees should make note of.

Exceptions to the Rule

While the 3-year statute of limitations relieves many retirees, it’s essential to be aware of exceptions. Not all missed RMDs qualify for this extended correction period. Here are some important exceptions:

  1. Extended Statute for Excess IRA Contributions: The SECURE 2.0 Act extends the statute of limitations to 6 years for the 6% excess IRA contribution penalty. However, this relief is unavailable if an IRA has acquired property below its fair market value, and the statute of limitations remains indefinite if Form 5329 isn’t filed.
  2. Expansion of IRS Self-Correction Program: SECURE 2.0 broadens the IRS self-correction program, known as the Employee Plans Compliance Resolution System (EPCRS), to include inadvertent individual retirement account errors, including a waiver for failure to take RMDs. Note that self-correction for IRAs under EPCRS may not be available for two years, as SECURE 2.0 grants the IRS that timeframe to guide this matter.
  3. Elimination of RMDs for Roth 401(k)s: SECURE 2.0 brings welcome relief by eliminating required minimum distributions (RMDs) for Roth 401(k)s and other employer Roth plans. While Roth IRAs were never subject to lifetime RMDs, Roth 401(k)s were. Starting in 2024, individuals will not need to roll over Roth 401(k) funds to a Roth IRA to avoid RMDs, as these funds will be exempt from RMDs.

Working With a Fiduciary Advisor

It’s important to understand how the recent law changes affect your IRA. One of the more relevant topics IRA owners should be aware of is a Required Minimum Distribution (RMD). Partnering with a trusted Fiduciary Advisor can play a crucial role in helping you manage your RMDs effectively so you meet your legal obligations while optimizing your financial situation. They can also offer tailored guidance to help maximize your retirement savings while following IRS rules.

You don’t have to battle the confusing regulations for certain required minimum distributions alone. From advice on understanding your specific RMD obligations, to helping you explore tax-efficient ways to manage your RMDs, Agemy Financial Strategies works alongside you to assess your retirement income needs and create a plan for your unique needs and goals.

Final Thoughts

This 3-year statute of limitations provision is yet one more reason why we anxiously await proposed Regulations from the IRS with respect to how the SECURE Act 2.0 will be interpreted. There are several other provisions in the Act that need a lot of clarification. A solid understanding of Required Minimum Distributions is essential for anyone with tax-advantaged retirement accounts. Failing to comply with RMD rules can result in costly penalties, potentially derailing your retirement plans.

By staying informed about when RMDs apply, how they’re calculated, and your options for managing them, you can confidently navigate this aspect of retirement planning. If you’re ready to take the first step to achieving your retirement goals, our team is here to assist you. The better you comprehend your financial strategy, the more effectively you can manage your finances.

For a detailed list of our service offerings, see here.

Set up your complimentary retirement strategy session today.

Disclaimer: This content is for educational purposes only and should not be considered financial or investment advice. Please consult with the fiduciary advisors at Agemy Financial Strategies before making any investment decisions.

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