Exceptions To The Early Distribution Penalty: Synergy Financial Group

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December 2008 - SFG Newsletter

Synergy Financial Group


George Van Dyke
Financial Consultant Exceptions to the Early Distribution Penalty
401 Washington Ave Suite
700 Generally, homebuyer, you can take pre-59½ IRA with-
Towson, MD 21204 taxable drawals if they're used to pay the costs of ac-
410-825-3200 quiring, constructing, or reconstructing your
410-530-2500 (cell) amounts you
gvandyke@synergyfinancialgrp.com withdraw principal residence up to a $10,000 lifetime
www.synergyfinancialgrp.com
from an IRA, limit. You also can take penalty-free IRA distri-
403(b), or butions up to the cost of health insurance pre-
qualified miums you pay during a qualifying period of
retirement unemployment.
plan before Exceptions for non-IRA retirement plans
age 59½ are subject to a federal 10% penalty
tax (and possibly a state penalty tax, too) in Distributions made pursuant to a qualified
addition to any federal (and possibly state) domestic relations order (QDRO) are not sub-
income tax due. SIMPLE IRAs are subject to a ject to the penalty. Also, you can take penalty-
25% penalty for premature distributions made free withdrawals from a qualified plan after
during the first two years of participation. For- separating from service with the employer
tunately, Section 72(t) of the Internal Revenue maintaining the plan if your employment ends
Code lists several exceptions to this prema- during or after the year you reach age 55. You
ture distribution penalty tax. may also be able to take qualifying distribu-
tions of dividends from your employer's em-
Exceptions applicable to all plans ployee stock option plan without penalty.
A qualified transfer or rollover from one retire- Substantially equal payments exception
ment plan to another generally isn't subject to
the penalty tax. Also, distributions made to An important exception that applies to all IRA
your beneficiary or your estate after your and qualified retirement plans is the substan-
death aren't subject to the early withdrawal tially equal periodic payments exception. To
penalty. Other exceptions include: comply with this exception, you must withdraw
funds from your retirement plan at least annu-
• Distributions not exceeding the amount of ally based on an IRS-approved distribution
your tax-deductible unreimbursed medical method. For qualified plans (but not IRAs),
In this issue: expenses. you also must have separated from service
• Distributions made because of a qualify- with the employer maintaining the plan.
Exceptions to the Early
Distribution Penalty ing disability. There are three IRS-approved methods for
calculating payments, but regardless of the
Should You Roll Your 401(k) • Amounts levied by the IRS directly from
Money Over to an IRA? method you choose, you generally can't
your qualified retirement plan. This ex-
change or alter the payments for five years or
As 2009 Dawns, Is There ception doesn't apply if you withdraw
until you reach age 59½, whichever occurs
Hope on the Horizon? funds from a plan to pay the IRS.
later (although the IRS has held that owners
Ask the Experts • Qualified reservist distributions pursuant can make a limited one-time switch between
to the Pension Protection Act of 2006. certain methods without incurring the penalty
tax). Otherwise, if you modify the payments
Exceptions applicable only to IRAs (e.g., by taking amounts smaller or larger than
The 10% penalty doesn't apply if the distribu- required distributions or none at all), you will
tion is made for you, your spouse, or your be subject to the 10% premature distribution
child or grandchild to pay qualified postsec- tax on the taxable portion of all pre-59½ distri-
ondary education expenses, such as tuition, butions (unless another exception applies).
and room and board. If you're a first-time
Page 2

Should You Roll Your 401(k) Money Over to an IRA?


If you're entitled to a distribution from your required to take any distributions from a Roth
401(k) plan (for example, because you've left IRA during your lifetime, but your beneficiary
your job), and it's rollover-eligible, you may be must take RMDs after your death.) A rollover
faced with a choice. Should you take the dis- to an IRA lets you and your beneficiary stretch
tribution and roll the funds over to an IRA, or distributions out over the maximum period the
should you leave your money where it is? law allows, letting your nest egg enjoy the
benefits of tax deferral as long as possible.
Across the universe
Note: Distributions from 401(k)s and IRAs
In contrast to a 401(k) plan, where your in- may be subject to federal income tax. In addi-
vestment options are limited to those selected tion, a 10% early distribution tax may apply if
While the investment by your employer (typically mutual funds or you haven't reached age 59½. (Special rules
flexibility that IRAs employer stock), the universe of IRA invest- apply to Roth 401(k)s and Roth IRAs.)
provide can be a ments is virtually unlimited. For example, in
benefit for some addition to the usual IRA mainstays (stocks, Gimme shelter
people, it may be a bonds, mutual funds, and CDs), an IRA can Your 401(k) plan may offer better creditor pro-
drawback for others. invest in real estate, options, limited partner- tection than an IRA. Federal law currently
ship interests, or anything else the law (and protects your total IRA assets up to
your IRA trustee/custodian) allows. (Certain $1,095,000--plus any amount you roll over
investments may not be right for everyone, from your 401(k) plan--if you declare bank-
and some may have adverse tax conse- ruptcy. (The laws in your state may provide
quences, so be sure to consult your financial additional protection.) In contrast, assets in a
professional.) 401(k) plan generally enjoy unlimited protec-
While the investment flexibility that IRAs pro- tion from your creditors under federal law,
vide can be a benefit for some people, it may whether you've declared bankruptcy or not.
be a drawback for others. If you lack invest- Let's stay together
ment knowledge and experience, you may be
more comfortable with the limited investment Another reason to roll your 401(k) funds over
alternatives your 401(k) plan provides. to an IRA is to consolidate your retirement
assets. This may make it easier for you to
Take it easy monitor your investments and your beneficiary
The distribution options available to you in a designations, and to make desired changes.
401(k) plan are typically limited, usually to a You may also want to consolidate all of your
lump-sum payout, or installments payable IRAs. However, make sure you understand
over a period of years. And many plans re- how Federal Deposit Insurance Corporation
quire that distributions start if you've reached (FDIC) and Securities Investor Protection Cor-
the plan's normal retirement age (often age poration (SIPC) limits apply if you keep all
65), even if you don't yet need the funds. your IRA funds in one financial institution.

Similarly, 401(k) plans often require that a Fools rush in


beneficiary take a lump-sum payment shortly • While some 401(k) plans provide an
after the plan participant dies. This may not be annuity option, most still don't. By rolling
a problem if your beneficiary is your spouse-- your 401(k) assets over to an IRA annu-
he or she can roll the funds over to an IRA ity, you can annuitize all or part of your
after your death. But a nonspousal rollover is 401(k) dollars.
possible only if your 401(k) plan allows it. And
some don't, forcing your beneficiary to take a • Many 401(k) plans have loan provisions,
distribution he or she may not yet need. but you can't borrow from an IRA. You
only can access the money in an IRA by
On the other hand, you can access the funds taking a distribution, which may be sub-
in an IRA at any time. You--and your benefici- ject to income tax and penalties.
ary after your death--can take out as much, or
as little, as you want. While you'll need to start • If you were born before 1936, lump-sum
taking required minimum distributions (RMDs) distributions from your 401(k) may be
after you reach age 70½ (and your beneficiary eligible for special 10-year averaging or
will need to take RMDs after you die), those capital gains treatment. A rollover may
payments can generally be spread over your make you ineligible for these tax rules.
(and your beneficiary's) lifetime. (You aren't
Page 3

As 2009 Dawns, Is There Hope on the Horizon?


There's little doubt that 2008 will be remem- versions of textbooks to help control costs
bered as a tumultuous year. Rising food and • The maximum Pell Grant will increase
fuel prices, turmoil in the credit and housing from $5,800 to $9,000 per academic
markets, inflation pressures, and the volatility year, and will be available year-round
of the stock market all contributed to eco-
nomic pressures. But buried within the nega- • The federal student aid application
tive headlines was some good news you may (FAFSA) will be streamlined, making it
have missed--here's a recap. easier to apply for financial aid Economic woes
will likely result
Financial help for homeowners Expanded education benefits for the in new
military initiatives and
If you're a homeowner, you may benefit from
relief measures,
a new income tax deduction. When you're August 1, 2009, marks the debut of a new GI
so keep your
filing your 2008 federal income tax return in bill, which has been hailed as the first major
eyes open for
2009, you may be able to take a deduction for expansion of education benefits for the mili-
developments
property taxes you've paid--even if you don't tary since World War II. Active duty service-
on the road
itemize. Taxpayers who claim the standard members (including members of the Guard
ahead.
deduction may be able to claim an additional and Reserve) may be eligible for the new pro-
deduction of up to $1,000 if married or $500 if gram. Education benefits will be payable for
single. up to 36 months, and will cover tuition costs
and fees. Eligible veterans may also receive a
If you're a first-time homebuyer, you may be monthly stipend for books and supplies, and a
able to take a refundable tax credit of 10% (up monthly housing allowance. In some cases,
to a maximum of $7,500 or $3,750 for married benefits may even be transferable to spouses
persons filing separate returns) of the pur- and dependent children. You can find more
chase price of a home you've purchased after information on the Department of Veterans
April 8, 2008, and before July 1, 2009. How- Affair's website, www.gibill.va.gov.
ever, this credit is phased out for individuals
with adjusted gross incomes ranging from New "green" vehicles
$75,000 to $95,000 ($150,000 to $170,000 if
married filing jointly). And keep in mind that Gas-saving vehicles have been rolling off as-
this tax credit functions more like a loan--you'll sembly lines for several years. Up until now,
need to repay the credit over 15 years in most have been passenger cars, and smaller
equal installments on your annual tax return SUVs and trucks. But these are now sharing
(possibly sooner if you sell your home or don't the road with larger and sportier models, in-
use it as your main residence). cluding a hybrid version of an infamous gas
guzzler--the Cadillac Escalade. Admittedly,
New ways to manage college costs the 2009 Escalade's estimated 20 mpg city
isn't going to break any fuel conservation re-
Student loans staged a disappearing act in cords, but its emergence is a sign that Detroit
2008, as the credit crisis drove some lenders is focused on developing even more fuel effi-
out of the student loan market and forced oth- cient vehicles in 2009 and beyond, due to
ers to become more selective. But the Higher growing demand.
Education Opportunity Act, which became law Good news for
in August, contains several provisions that will As in previous years, when you purchase a Medicare
help families and students better manage the qualified hybrid or other alternative fuel vehi- beneficiaries
high cost of college. These will be phased in cle, you may be entitled to claim a tax credit For the first time since
during 2009 and in future years. Some when you file your federal income tax return. 2000, the monthly
highlights: This credit will reduce your tax bill dollar-for- standard premium for
dollar. You can find a list of qualified vehicles Medicare Part B won't
• Individuals who have worked for at least on the IRS website, www.irs.gov. be rising. In 2009,
ten years in certain public service occu- individuals enrolled in
pations (e.g., teachers, nurses, law en- The road to recovery is paved with good Medicare Part B will
forcement officers, firefighters) may qual- intentions--and probably new legislation pay $96.40 per
ify to have their federal student loan debt month--the same
Will an economic recovery take place in the
forgiven (up to $10,000) premium they paid in
first half of 2009, the second half of the year,
• Colleges will be encouraged to control or even later? No one knows for sure. But 2008.
price increases, and textbook publishers economic woes will likely result in new initia-
will be required to provide complete retail tives and relief measures, so keep your eyes
price information and sell unbundled open for developments on the road ahead.
Ask the Experts

Can I get an estimate of my child's financial aid


eligibility before we officially apply for aid?

Yes. Last year, the U.S. To get as accurate an estimate as possible,


Department of Education you should answer all the questions on the
launched an online finan- tool, even if you have to estimate or guess.
cial aid tool to help families better prepare for Using the FAFSA4caster isn't exactly a quick
the cost of college. Called the FAFSA4caster, process, but when you're ready to apply offi-
Synergy Financial Group it's modeled on the government's official aid cially for federal aid, the FAFSA4caster will
George Van Dyke application, the FAFSA (Free Application for
Financial Consultant automatically transfer all of your data (that's
Federal Student Aid). The tool examines a password protected and saved securely) to
401 Washington Ave Suite
700 family's financial data and estimates how your online FAFSA application, saving you the
Towson, MD 21204 much aid a student might expect to get. To hassle of keying in all your information again.
410-825-3200 use the tool, visit www.fafsa4caster.ed.gov. And, if your financial circumstances change,
410-530-2500 (cell) you'll get the opportunity to update any an-
gvandyke@synergyfinancialgrp.com To complete the FAFSA4caster, gather the
www.synergyfinancialgrp.com
following information for you and your child: swers on the FAFSA that you originally sub-
mitted on the FAFSA4caster.
• Social Security numbers
The opinions voiced in this By providing an advance estimate of federal
material are for general • Federal tax information or tax returns, aid eligibility, the FAFSA4caster can help you
information only and are not
intended to provide specific including W-2 information forecast how much money you and/or your
advice or recommendations for child may need to come up with to meet col-
any individual. To determine • Information on savings, investments, and lege costs--information that can also come in
which investment(s) may be business and farm assets handy in the college selection process. By
appropriate for you, consult your
financial advisor prior to • Records of any untaxed income (such as having an idea of the numbers ahead of time,
investing. All performance
Social Security or welfare benefits) you can help minimize unwelcome surprises.
referenced is historical and is no
guarantee of future results. All
indices are unmanaged and
cannot be invested into directly.
When does my child need to submit financial aid applications?
Securities offered through LPL
Financial, Member FINRA/SIPC
The FAFSA is the federal about four to six weeks to process; the online
government's financial version takes only one week. The better route
aid application. It should is the online application. Not only is the proc-
be submitted as soon as essing faster, but the form notifies you of in-
possible after January 1 putting errors and does the math as you go
of your child's senior year along. Plus, if you've previously filled out the
in high school (and after FAFSA4caster, the government's online finan-
every January 1 in any year your child is cial aid tool, the online FAFSA will be auto-
seeking aid). Several financial aid programs matically populated with your data.
operate on a first-come, first-served basis, so
getting your child's application in early in- Along with the FAFSA, some colleges require
creases his or her chances of securing aid. you to submit one or more additional financial
aid forms to determine your child's eligibility
Your FAFSA relies on the previous year's tax for the college's own grants, loans, and schol-
information. For example, a FAFSA filed in arships. These colleges may have their own
early 2009 would rely on information from forms, or, more commonly, they require you to
your 2008 tax return. Because most parents complete the College Board's PROFILE appli-
have not yet completed their federal income cation. The PROFILE application can be sub-
tax return in January, one option is to com- mitted in the fall, before the FAFSA, but it's a
plete an estimated tax return, which can then good idea to check with individual colleges
be used to complete the FAFSA, a practice regarding their submission rules. Go to
the federal government considers acceptable. profileonline.collegeboard.com to file the
Prepared by Forefield Inc,
PROFILE online.
Copyright 2008. You can fill out the FAFSA on paper or online
at www.fafsa.ed.gov. A paper version takes

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