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IRA And Retirement Law

IRA and Retirement Lawyer

An individual retirement account or annuity (IRA) is a retirement savings account or annuity established by an individual taxpayer. The rules governing IRAs are found in Internal Revenue Code Section 408. An individual may contribute 100% of his or her compensation to the IRA up to a set annual maximum dollar amount (which is subject to adjustment for inflation). Contributions to a traditional IRA may be tax deductible depending on the taxpayer’s income, tax filing status and coverage by an employer-sponsored retirement plan. Distributions from a traditional IRA (other than the portions allocable to any nondeductible contributions) are generally taxable. There are several different types of IRAs, each of which may have different tax benefits. An individual retirement account (IRA) is an investment account that allows you to save for retirement in a tax-advantaged way. There are several types of IRAs, such as traditional, Roth, SEP or SIMPLE. Contributions to some IRAs may be tax-deductible or withdrawals may be tax-free.

Types of IRAs

• Traditional IRA: Contributions to traditional IRAs are often tax-deductible. For example, contributing $6,000 to a traditional IRA could reduce the amount of your taxable income by $6,000. However, withdrawals from traditional IRAs in retirement are taxable as ordinary income. The contribution limit for traditional IRAs in 2020 and 2021 is $6,000 per year. People 50 and older can contribute up to $7,000 per year. If you or your spouse has a retirement plan at work, the amount of your traditional IRA contribution that you can deduct is reduced, or eliminated altogether, once you hit a certain income. You can still make contributions, but they won’t be tax-deductible. If you, and your spouse if you’re married, don’t have retirement plans at work, then you can deduct your IRA contribution no matter how much your income.

• Roth IRA: Contributions to Roth IRAs are not tax-deductible, but withdrawals from Roth IRAs are tax-free and there are no taxes on investment gains. Roth IRAs do not have RMDs. Also, you can contribute to a Roth IRA at any age as long as you have earned income. However, there are income limits on who can contribute to a Roth IRA.

The Pros of Roth IRAs

 Your savings grow tax-free: “Once you pay for the privilege by paying the tax upfront, all the earnings build income-tax-free.” When you hit retirement age, you won’t have to pay taxes on withdrawals. That can give your savings a powerful boost, especially if your tax rate is higher in retirement.

 There’s no need for required minimum distributions: Traditional IRAs force you to pull out money beginning at age 72. Not so with a Roth.

 You can withdraw your contributions: Unlike most retirement accounts, it’s easy to withdraw your Roth contributions not your earnings, mind you without penalty, at any time. That makes Roths a nice backup emergency fund, as long as you have the discipline not to abuse yours.

 You get tax diversification in retirement: If you have a 401(k) or traditional IRA, you’ll pay taxes on that money when you start withdrawing it in retirement, and you’ll likely owe taxes on a portion of your Social Security income, too. Having some money in a Roth provides the benefit of flexibility, meaning you can juggle your distributions from each account so you don’t push yourself into a higher tax bracket. That is, you collect your Social Security, and then take some money from your 401(k) or traditional IRA just enough to bump up against the top edge of your income tax bracket. If you need more income, you take a withdrawal from your Roth, which won’t count as taxable income.


Generally, SEP IRAs are IRAs for self-employed people or small-business owners with few or no employees. Similar to traditional IRAs, the contributions are tax-deductible. Investments grow tax-deferred until retirement, when distributions are taxed as income.
In 2020, contributions are limited to 25% of compensation or $57,000 in 2020, whichever is less. In 2021, the limit rises to $58,000. There’s no catch-up contribution at age 50+ for SEP IRAs, and SEP IRAs require minimum distributions beginning at age 72. SEP IRAs require proportional contributions for each eligible employee if business owners contribute for themselves.

SEP IRA advantages for small companies

 Low maintenance: With little paperwork and low start-up costs, SEP IRAs allow you to contribute for you and your employees and these contributions are generally tax-deductible to the business.

 The ability to contribute generously: The maximum contribution limit for 2020 is $57,000 ($58,000 for 2021) or 25% of your employees’ eligible compensation (or, for your own contribution, 20% of your net earnings from self-employment, as determined under the SEP IRA rules), whichever is less. Footnote. Employees cannot make salary deferral contributions to a SEP IRA. Only you as the employer can make contributions on behalf of you and your employees (if applicable), which are generally tax-deductible for your business. Depending on your circumstances, you may be able to contribute significantly more to a SEP IRA than a Traditional IRA.

 Adjustable contributions and employee requirements: SEP IRAs offer the flexibility to contribute more when business is strong and cut back when things are tighter. When it comes to deciding which employees are eligible, you can adhere to the IRS’s standard requirements or set your own less restrictive rules.

 It helps your workers plan for the long-term: SEP IRAs offer a wide range of possible investments, and employees can generally transfer or roll over funds to and from a SEP IRA into or from other retirement accounts, consolidating their savings.

 Potential tax benefits: A newly expanded tax credit of up to $5,000 annually for three years (previously capped at $500 annually) is aimed at small business owners who want to help their employees prepare for retirement, but who may have hesitated due to the perceived expense. Eligible employers can claim a tax credit equal to 50% of the eligible start-up costs up to the applicable limit for the first three years of the plan.


SIMPLE IRAs (Savings Incentive Match Plan for Employees Individual Retirement Accounts) are for small businesses with fewer than 100 employees. Similar to traditional IRAs, the contributions are tax-deductible. Investments grow tax-deferred until retirement, when distributions are taxed as income. Employee contribution limits for a SIMPLE IRA in 2020 and 2021 are $13,500 per year for those under age 50. People age 50 and older can make an additional $3,000 catch-up contribution. Employer contributions are mandatory.

Why invest in an IRA?

Many financial experts estimate that you may need up to 85% of your pre-retirement income in retirement. An employer-sponsored savings plan, such as a 401(k), might not be enough to accumulate the savings you need. Fortunately, you can contribute to both a 401(k) and an IRA. A Fidelity IRA can help you:
• Supplement your current savings in your employer-sponsored retirement plan.
• Gain access to a potentially wider range of investment choices than your employer-sponsored plan.
• Take advantage of potential tax-deferred or tax-free growth.
You should try to contribute the maximum amount to your IRA each year to get the most out of these savings. Be sure to monitor your investments and make adjustments as needed, especially as retirement nears and your goals change.
• An IRA is a tax-advantaged savings vehicle for retirement.
• You have control over how your savings are invested. You can choose from individual stocks and bonds, mutual funds, or certificates of deposit—just to name a few choices.
• Your IRA funds are transferable. If you don’t like where your IRA is invested, you can easily transfer the funds.
• IRAs are easy to set up and maintain.
• You don’t need permission to use your money.
• If you withdraw the money before age 59½, it is subject to ordinary income taxes plus a 10% tax penalty. Exemptions from penalties include death, disability, and taking substantially equal installments over your lifetime. Individuals may also make penalty-free withdrawals from IRAs for medical expenses in excess of 10% of adjusted gross income.

Retirement Law And Benefit

Retirement is becoming more and more of a pipe dream for many workers. A troubled global economy paired with longer life expectancies is forcing many to continue to work far past the age they imagined because of a lack of sufficient savings. This shortfall has spurred many governments to increase the age when citizens can receive money from social security plans in an effort to minimize the number of people in the system. However, not every country has been proactive enough to provide its inhabitants with an adequate retirement income.

The age at which Utah, USA, citizens are eligible for full retirement benefits ranges from 66 to 67, depending on their year of birth. Early retirement begins at 62 when people can begin receiving a fraction of their full retirement payout. The Retirement Confidence Survey (RCS) for 2020 finds only 27% of retirees very confident in their ability to live comfortably throughout retirement, and this is following record lows from 2009 to 2013. Unfortunately, 32% of respondents still described themselves as not at all confident in their savings.

What Can You Do With an IRA After Retirement?

When you retire at 60 years of age or older with an individual retirement arrangement in place, you will have to decide what to do with the IRA. You have two basic options that apply to all types of IRA accounts. If yours is a tax-deferred traditional, SEP or SIMPLE IRA, you have an additional option.

Leave Your IRA Alone

Your first basic option with any IRA is to leave the money in the account. If you don’t need to take money out of your IRA because you are getting enough retirement income from work or other sources, your account will continue to accumulate earnings that won’t be taxed while they remain in the IRA. In the case of tax-deferred IRAs, you must start taking taxable required minimum distributions when you reach 70 1/2 years of age. You figure your required distribution by dividing the account balance by your life expectancy as figured in IRS longevity tables. If yours is a Roth IRA, you can leave the money in the account to accumulate tax-free earnings for as long as you live.

Keep Contributing To Your IRA

If you continue to work, you can continue to contribute to a tax-deferred IRA until age 70 1/2 years. As of 2019, you can keep on adding $5,000 in tax deductible contributions per year. If you reached retirement age at 66 but kept on working, you could add another $20,000 to your tax-deferred IRA by the time you reach 70 1/2 years. With a Roth IRA, you can contribute $5,000 per year of after-tax earnings from work to your account for as long as you live.

When It’s Time To Take the Money From Your IRA

Your other basic option is to take the money and use it for living expenses in retirement. You can take your distribution as a lump sum, take varying amounts as you need the money or set up a series of equal periodic payments over your remaining life expectancy. If you take retirement distributions from any type of tax-deferred IRA, you will owe income tax on the money you withdraw in the year you take it out. The withdrawal will be taxed at your ordinary-income rate, not the lower capital gains rate. If you take retirement distributions from a Roth IRA, you won’t owe any income taxes on the withdrawn amount. But the money you take out of any IRA will cease generating earnings for you, and each distribution reduces the size of your retirement nest egg.

You Can Convert to Roth IRA

If yours is any type of tax-deferred IRA, you can convert it to a Roth IRA. You will pay income taxes on the amount you convert, but there are some Roth features that may make paying the taxes on the conversion worthwhile. If you don’t need the money from your IRA to live on, you will avoid having to take required minimum distributions at age 70 1/2 if you convert to a Roth. You won’t have to take anything from the Roth account for as long as you live, but your heirs will be required to take out the money. If you convert to a Roth, you can leave your heirs a tax-free legacy. Beneficiaries who inherit a traditional IRA will owe income taxes on their legacy while those who inherit a Roth IRA wont.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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