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Get Ready for Roth IRA Conversions in 2010

September 3rd, 2009 Brian Leave a comment Go to comments

This news snuck up on me, but it is worth sharing. There was a provision in a 2006 Bill that removes the limits for Roth Conversions in the 2010 year. This means, that as early as January, it will be possible for those making more than $100,000 per year (individuals or 'married filing jointly' to convert a Traditional or SEP into a Roth .

The big advantage of a Roth is that all taxes are prepaid. Once funds are in a Roth , there are no more taxes on any future earnings. This is especially fortunate for those of us in our 40s and 50s who are too old and well compensated to have done a already (because of the $100K limit through 2009). And with the recent huge market decline, most equity appreciation, if not all of it (since 1998), has been wiped out. So, it is possible that if you have been making after- contributions to your the past 10 years, those savings will never be taxed again if placed within a Roth.

Here is more detail on the ruling:


SEC. 512. CONVERSIONS TO ROTH IRAS.

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H.R.4297

(Enrolled as Agreed to or Passed by Both House and Senate)

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SEC. 512. CONVERSIONS TO ROTH IRAS.

 (1) IN GENERAL- Paragraph (3) of section 408A(c) (relating to limits based on modified adjusted gross income) is amended by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

(2) CONFORMING AMENDMENT- Clause (i) of section 408A(c)(3)(B) (as redesignated by paragraph (1)) is amended by striking `except that--' and all that follows and inserting `except that any amount included in gross income under subsection (d)(3) shall not be taken into account, and'.

(1) IN GENERAL- Clause (iii) of section 408A(d)(3)(A) (relating to rollovers from an other than a Roth ) is amended to read as follows:

 (iii) unless the taxpayer elects not to have this clause apply, any amount required to be included in gross income for any taxable year beginning in 2010 by reason of this paragraph shall be so included ratably over the 2-taxable-year period beginning with the first taxable year beginning in 2011.

(2) CONFORMING AMENDMENTS-

(A) Clause (i) of section 408A(d)(3)(E) is amended to read as follows: 

(i) ACCELERATION OF INCLUSION 

(I) IN GENERAL- The amount otherwise required to be included in gross income for any taxable year beginning in 2010 or the first taxable year in the 2-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from Roth IRAs for such taxable year which are allocable under paragraph (4) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i).

(II) LIMITATION ON AGGREGATE AMOUNT INCLUDED- The amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 2-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years.

(B) The heading for section 408A(d)(3)(E) is amended by striking `4-YEAR' and inserting `2-YEAR'.

(a) Repeal of Income Limitations-

(b) Rollovers to a Roth From an Other Than a Roth -

(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Here is another very complete interpretation of the tax code changes.  But check with your accountant before you make any decisions:

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Categories: Investing, Investment, Taxes
  1. September 14th, 2009 at 15:41 | #1

    Brian,

    That is a great point. I haven’t read that before. Unfortunately the market has already undergone about a 50% correction and it is up in the air to whether that will continue up or come back down. But if it does bounce back down, it would be a great time for people that as you have mentioned, been contributing after tax dollars to traditional iras to take advantage and roll into a roth and hopefully ride it back up tax free.
    Damon Day´s last blog ..Debt Settlement Companies – Top 5 ways they can Screw you! My ComLuv Profile

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