| | Description
Roth IRA Answer Book, Sixth Edition, provides an up-to-the-minute
tutorial on this subject for a wide variety of professional markets, including
pension consultants, insurance agents, financial planners and investment
advisors, plan administrators, lawyers, and accountants, as well as businesses
that promote, market, service, or provide technical support to retirement
plans, products, and related services.
You'll find in-depth coverage of the administration and operation of a Roth
IRA, as mandated by the Internal Revenue Code, Treasury regulations, and other
IRS guidance. Written by a team of practicing experts preeminent in their
fields, Roth IRA Answer Book takes the reader, step by step, through
the creation, operation, and extinction of a Roth IRA.
Topics covered include the following:
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How a Roth IRA is established, how documents are designated, and how a Roth
IRA may be revoked
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Trustee and custodian disclosure requirements and governmental form reporting
requirements - Forms 1099-R, 5329, and 8606
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Limits on contributions, including the contribution phase-out rules, and the
definition of modified adjusted gross income (MAGI)
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How the taxation of a Roth IRA distribution depends upon the source of funding
for the amount distributed
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How abusive transactions having the effect of shifting value from a
preexisting business into a Roth IRA for less than fair market value may be
challenged
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How the contribution recovery rules under the ordering rules determine whether
a Roth IRA distribution consists of annual contributions, conversions from an
eligible retirement plan, other rollover contributions, or earnings
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How to make and treat a rollover (conversion) from an eligible retirement plan
to a Roth IRA
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Which taxpayers will benefit most from a conversion, and when (especially in a
declining investment environment) can a conversion be undone in a
recharacterization
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How Roth IRAs may be used to enhance overall wealth-transfer planning
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The treatment of penalty-free distributions from an eligible retirement plan
for special purposes, such as hurricane distributions, qualified recovery
assistance distributions, qualified disaster recovery distributions, and
qualified reservist distributions
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How and when special-purpose distributions may be repaid (rolled over) to an
eligible retirement plan, including a Roth IRA
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And more!
Roth IRA Answer Book has been updated to include:
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Discussion of the procedural guidance issued in December 2010 to drafters of
pre-approved model and prototype IRAs and Roth IRAs, including rules for when
documents must be submitted to the IRS
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Explanation of the new procedures for applying to the IRS for an opinion letter
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When the IRS lost an "abusive transaction" case
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Analysis of the 2010 proposed regulations broadly redefining when a person is
considered to be a "fiduciary" by reason of giving investment advice
-
The new in-plan Roth rollover rules and the guidance issued in Notice 2010-84
regarding the distribution and taxation of in-plan rollovers
-
The status of an inherited Roth IRA under evolving Federal Bankruptcy rules
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Several new appendix charts have been added covering:
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Rollovers by participants
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Rollover of inherited assets
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RMDs upon death of beneficiary
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Distributions to beneficiaries
The extension of designated Roth contribution features to governmental 457(b)
plans
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Amendments to the definition of compensation to include differential wage
payments
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Recent law developments about whether a power of attorney is or is not
effective to permit a participant's agent to name a beneficiary
-
How the law about IRAs' and other retirement plans' death benefits is
sometimes similar to, but often quite different from, the law that applies to
a person's disposition of his or her other wealth
-
Application of the required minimum distribution (RMD) rules to an inherited
Roth IRA
-
Discussion of statutory changes since the 2002 mandatory changes relating to
the qualification of Roth IRAs, including changes that:
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Allow for the repayment of qualified hurricane distributions
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Eliminate the $100,000 modified adjusted gross income limit and the joint
filing requirement for certain qualified rollover contributions
-
Treat combat zone compensation to be taken into account for purposes of making
a contribution
-
Allow rollovers into Roth IRA from eligible retirement plans
-
Allow for the repayment of reservist distributions
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Allow for nonspouse beneficiary rollovers
-
Treatment of certain military death gratuities as qualified rollover
contributions
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The repayment of disaster distributions
-
The extension of the qualified charitable distribution rules
-
Clarification of when the beneficiary of an inherited Roth IRA can take a RMD
from a different Roth IRAs
-
The rollover of amounts received from military death gratuity or service
members' group life insurance, and amounts received as part of an airline
payment
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Discussion of the nonstatutory variables that affect decisions regarding Roth
IRA conversions
View the Highlights for this title. | Table of Contents
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1. Introduction to Roth IRAs
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Establishing a Roth IRA
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Model Roth IRA Documents
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Records Retention
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Revoking a Roth IRA
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Prototype Roth IRA Documents
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Prohibited Transactions and Related Definitions
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Miscellaneous Rules
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2. Annual Contributions to a Roth IRA
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Limits on Annual Contributions
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Phaseout Rules
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Age and Plan Participant Status
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Annual Contribution Deadline
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Excess Contributions
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Tax Credits for Contributions
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Deemed Roth IRAs
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Payroll Deduction Roth IRA Programs
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3. Conversion, Contribution Recharacterization, and Rollovers
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Conversion of Traditional IRA to Roth IRA
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Eligibility
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Taxation
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Valuing Annuity Contracts Converted to a Roth IRA
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Contribution Recharacterization
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SEP IRA/SIMPLE IRA
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Rollovers
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Deemed IRAs
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Rollover of Military Death Gratuities and SGLI Payments
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Rollover of Exxon Valdez Settlement
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Qualified Reservist Distribution Repayments
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Qualified Hurricane Distribution Repayments
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Qualified Recovery Assistance Distributions Repayments (Kansas Disaster Area)
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Qualified Disaster Recovery Assistance Distribution Repayments (Midwestern
Disaster Areas)
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Rollover of Airline Payments
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4. Voluntary Distributions
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Qualified Distributions
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Nonqualified Distributions
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Five-Year Exclusion Periods
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10 Percent Premature Distribution Penalty
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Withholding
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Transfers Between Roth IRAs
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Transfers Incident to Divorce
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Deductions for Losses
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Demutualization
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Deemed Roth IRAs
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Qualified Roth IRA Contribution Programs (Designated Roth Contributions)
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5. Required Minimum Distributions
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Five-Year Rule
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Beneficiaries
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Subsequent Beneficiaries
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Penalties
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Tax Matters
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Deemed Roth IRAs
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6. Financial Planning
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The Basic Considerations
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AGI/MAGI
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Conversion Considerations
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State Law Considerations
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Inherited IRA
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Life Insurance to Pay Estate Tax
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7. Roth IRA Trusts
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Drafting Considerations
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Roth IRA Trust Distribution Rules
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Generation-Skipping Trust
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Funding Clauses
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Disclaimers
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Taxation
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Permissible Transfer
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QTIPing a Roth IRA
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8. Beneficiary Designations and Estate Planning
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Making a Beneficiary Designation
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Using Trusts
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Family Rights That Restrain a Beneficiary Designation
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Charitable Gifts
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Simultaneous Death; Absentees
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Marriage
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Spouse's Rights
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Disclaimers
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Government Claims
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Unclaimed Property
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Tax-Oriented Estate Planning
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Qualified Domestic Trust for an Alien
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Giving Advice
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9. Required Reporting for Roth IRAs
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Reporting Roth IRA Contributions on Form 5498
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Information to Be Provided to IRA Owner (or Beneficiary)
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Deceased IRA Owner
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Recharacterization Contributions
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Revoked Roth IRAs
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Penalties
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Records Retention
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Reporting Roth IRA Distributions on Form 1099-R
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When Form 1099-R Is Not Used
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Conversion
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Recharacterization
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Revoked Roth IRAs
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Correcting1099-Forms
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Penalties
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Merger of Trustees and Custodians
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Records Retention
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Federal Income Tax Return (Form 8606)
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10. Designated Roth Contribution Programs
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Contributions to Designated Roth Accounts
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Designation Roth Accounts
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Distributions from Designated Roth Accounts
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Rollovers of Designated Roth Contributions
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Excess Contributions
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Reporting and Recordkeeping Requirements for Designated Roth Accounts
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APPENDIX A: Roth IRA Charts and Tables
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Traditional IRA and Roth IRA Comparison Chart for 2009
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Traditional IRA Deduction Restrictions for Active Participants
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Restrictions on Roth IRA Contributions for High-Income Taxpayers
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Roth IRA Distribution Taxation
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Traditional/Roth IRA Eligibility for 2009 - married
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Traditional/Roth IRA Eligibility for 2009 - single
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Distribution to Beneficiary Chart
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IRA and Roth IRA Distribution Flowchart
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Annual Roth IRA Contribution Limits
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MAGI Phaseout Chart
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APPENDIX B: Extracts from Relevant Code Sections (As of June 1, 2008)
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Code Section 408A: Roth IRAs
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APPENDIX C: IRA Legacy Trust - Sample Provisions
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IRA Legacy Family Revocable Trust
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IRA Legacy Family Trust - For Benefit of Children and Issue of Any Deceased
Child - Separate Shares
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IRA Legacy Grandchildren's Trust
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APPENDIX D: Extracts from Treasury Regulations
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Preamble, Final Treasury Regulations Section 1.408A
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Preamble, Final Treasury Regulations Section 1.408A-4
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Treasury Regulations Section 1.408A-1 through 1.408A-10
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APPENDIX E: Revenue Procedures, Announcements, and Notices
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Revenue Procedures 2006-13, 2006-3 IRB 315
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Notice 2007-7, Section IX, 2007-5 IRB 395
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Notice 2006-44, 2006-20 IRB 889
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Announcement 2008-44, 2008-20 IRB 892
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Announcement 2007-55, 2007-1 I.R.B. 1384
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Notice 2008-30, 2008-12 IRB 638
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Notice 2004-8, 2004-4 IRB 333
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APPENDIX F: Pension and Welfare Benefits Administration (PWBA) Opinion
Letter
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APPENDIX G: Lists of Required Modifications and Information Packages (LRMs)
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Roth IRA List of Required Modifications and Information Package (Dated: May
2007)
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Cash or Deferred Arrangement (CODA) List of Required Modifications and
Information Package (Dated: January 2006)
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APPENDIX H: Employee Benefit Limits
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TABLES
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INDEX
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