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U.S. tax reform – retirement plan provisions finalized

The tax reform bill is done.  President Trump signed the bill on December 22, meeting his deadline for completion by Christmas.

While there is much to be said about the Tax Cuts and Jobs Act (the “Act”), the update on the retirement plan provisions is relatively unexciting.  Recall that when the tax reform process started, there was a lot of buzz about “Rothification” and other reductions to the tax advantages of retirement savings plans.  For now, that pot of potential tax savings remains untapped (perhaps to pay for tax cuts in the future).  Nonetheless, the Act that emerged from the Conference Committee reconciliation continues to include a section entitled “Simplification and Reform of Savings, Pensions, Retirement”. The provisions that remain are effective on December 31, 2017.

Recharacterization of Roth IRA Contributions.

Current law allows contributions to a Roth or Traditional IRA (individual retirement account) to be recharacterized as a contribution to the other type of IRA using a trust-to-trust transfer prior to the IRA-owner’s income tax deadline for the year.

Under the Act, taxpayers can no longer unwind Roth IRA contributions that had previously been converted from a Traditional IRA.  In other words, if a taxpayer converts a Traditional IRA contribution to a Roth contribution, it cannot later be recharacterized back to a Traditional IRA.  Other types of recharacterizations between Roth and Traditional IRAs are still permitted.

Plan Loans. 

The Act gives qualified plan participants with outstanding plan loans more time to repay the loans when they terminate employment or the plan terminates.  In these situations, current law generally deems a taxable distribution of the outstanding loan amount to have occurred unless the loan is repaid within 60 days.  The Act gives plan participants until their deadline for filing their Federal income tax returns to repay their loans.

Length of Service Awards for Public Safety Volunteers. 

Under current law these awards are not treated as deferred compensation (and, thus, are not subject to the rules under Section 409A of the Internal Revenue Code) if the amount of the award does not exceed $3,000.  The Act increases that limit to $6,000 in 2018 and allows for cost-of-living adjustments in the future.

That’s all folks!  Happy Holidays!

© Copyright 2018 Squire Patton Boggs (US) LLP

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About this Author

Michael A. Curto, SquirePattonBoggs, Washington D.C., regulatory attorney
Partner

Michael Curto is the managing partner of the Washington DC office and a long-term leader of Squire Patton Boggs, having served in a number of firmwide management roles. Michael is a seasoned adviser to boards of directors and senior management teams, providing strategic guidance to employers in all industries on a diverse range of business and transactional matters, and in related litigation, regulatory and public policy projects.

Michael has specific expertise in employee benefits law. For more than 30 years, he has advised businesses in the private, public and nonprofit sectors on...

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Stacey Grundman Labor Attorney DC Squire Patton Boggs
Senior Attorney

Stacey Grundman advises clients on employee benefit and executive compensation matters, including the design, implementation, governance, operation and regulatory compliance of qualified and nonqualified retirement plans, equity and executive compensation arrangements, and health and welfare plans.

Her practice covers the complex range of issues that arise under ERISA, the Internal Revenue Code, the Affordable Care Act, COBRA and HIPAA, as well as issues facing public and collectively-bargained pension plans. Stacey regularly addresses the fiduciary, plan governance and prohibited transaction issues that clients face. She also applies her comprehensive knowledge of employee benefits and executive compensation to corporate transactions, including control group liability issues and executive compensation negotiations. In addition, Stacey monitors legislative and regulatory developments, keeping clients aware of the policy developments that affect them, and assists clients in advancing their own policy priorities.

Stacey’s prior professional experience includes the US Department of Labor and the Internal Revenue Service, where she focused on qualified retirement plans. She also served as a judicial law clerk to the Honorable Ellen Segal Huvelle of the US District Court for the District of Columbia and worked for members of both the US House of Representatives and the US Senate.

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