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Is It R.I.P. For IRA's? - Individual Retirement Accounts

In an October online article in The Wall Street Journal, the reporter described how Congress is examining large IRA’s, and IRA’s holding real estate and closely held business interests. Congress’ concern is that IRA income tax advantages are being used by the wealthy in ways beyond that contemplated by the original legislation. Traditional IRA’s grow tax-free, with no distribution requirements until an individual attains 70 ½. Surviving spouses can receive tax free rollovers from a deceased spouse and thereby enjoy the same benefits. IRA’s can also be "stretched" to provide income tax benefits for children and future generations. More recently, Roth IRA’s, which are funded with after tax dollars, allow tax free withdrawals.

In current times, with social security funding concerns and most employers eliminating defined benefit plans, the need for individuals to plan for their own retirements is even more pressing. So why would Congress attack IRA’s? Well, think Mitt Romney, with over $100 million in an IRA, and others with IRA’s owning business assets that are growing without annual income tax. Of course, at Mr. Romney’s death, unless he leaves his IRA to charity, 40% will be paid to the IRS for estate tax, and his IRA beneficiaries will also be subject to income tax on withdrawals; so perhaps Congress should remember the Government will get their share sooner or later.

Notwithstanding, Congress and the President are examining whether limitations need to be placed on IRA’s. For example, the President wants to prohibit contributions to IRA’s that have more than $3 million of assets. Congress may eliminate stretch IRA’s, mentioned above. Also, Congress is considering greater limitations on the types of assets that can be held by an IRA.

No, it is not R.I.P. for IRA’s. But in this era of budget concerns, IRA’s are another financial mainstay under attack.

© 2019 Odin, Feldman & Pittleman, P.C.


About this Author

John P. Dedon, Tax, Estate Planning, Attorney, Odin Feldman Pittleman, Law Firm

John Dedon is a tax lawyer with a talent for explaining the complexities of tax law in lay terms.  Working in the estate planning, asset protection and business areas for almost 30 years, John helps clients preserve assets and plan for the future with traditional planning tools, including Trusts (dynasty trusts, intentionally defective trusts, grantor retained annuity trusts), LLC and partnership entities, and cutting edge concepts such as cryonic preservation trusts.  John also works extensively in the charitable area, creating public and private charities, remainder and lead trusts...