Friday, July 26, 2013

Translate 401(k) Dollars into a Possible Lifetime Income Stream

The Department of Labor (DOL) is gearing up to propose regulations which would require employers to include retirement income forecasts based on their current accrued assets, as well as projected assets at retirement. Pending legislation in both houses of Congress would do the same thing, buttressing the DOL's authority to mandate those projections. The goal is to spur employees to think about their retirement savings in realistic and practical terms and, if necessary (which it usually is), increase the amounts they are salting away each month.
  
Department of
Labor Standards for
Annuity Providers
In a longstanding "interpretative bulletin" by the Department of Labor (specifically95-1), the DOL listed the following criteria (among others) for fiduciaries to weigh in choosing an annuity provider for a retirement plan:
  • The quality and diversification of the annuity provider's investment portfolio
  • The size of the insurer relative to the proposed contract
  • The level of the insurer's capital and surplus
  • The lines of business the annuity provider and other indications of an insurer's exposure to liability
  • The structure of the annuity contract and guarantees supporting the annuities
  • The availability of additional protections through state guaranty associations
Income projections may incorrectly assume employees ultimately will manage their 401(k) assets appropriately at and through their retirement, and draw down those assets at a pace which can be sustained for the rest of their lives -- even if they live a lot longer than they expect to.
Annuity contracts are designed to eliminate the considerable risk of retirees being unable to meet those challenges, by providing an income stream which cannot be outlived. They are not for everyone, but simply offer a new option many employees might find appealing. 
An employee's failure to be ready to retire at a traditional retirement date impacts both the employee and you, if you don't necessarily desire to have employees on board before they reach a very advanced age.
Employees themselves say they would welcome the opportunity to arrange for guaranteeing a portion of their retirement income, according to a study by the Insured Retirement Institute, an industry trade group.
"In-Plan" or "Out-of-Plan"?
The basic choice employers face with regard to annuities is whether to choose an "out-of-plan" or an "in-plan" solution. The out-of-plan approach essentially means employees are given access to annuity educational tools and mechanisms to receive bids from different insurance companies.
Employees access those resources when they're gearing up to buy an annuity at retirement, or any time while in retirement. A retiree's annuity purchase, which is financed by a portion of his or her 401(k) balance, is strictly between the retiree and the annuity provider. In other words, the annuity is not a component of the 401(k) plan. You do not have any fiduciary obligations with respect to the annuity's performance.
In contrast, the "in-plan" approach involves incorporating annuity choices within the 401(k) plan, allowing employees to accumulate annuity credits during their working years which will ultimately translate into an income stream through retirement. Sometimes annuity purchases are funded by the employer, in lieu of matching 401(k) contributions, if the employer is intent on making the 401(k) plan as close to a traditional defined benefit pension as it can be. But in-plan arrangements can be set up to allow purchases to be funded by both the employer and the employee.
If annuity providers are chosen carefully, factoring in not only the provider's financial strength but also contractual structure and guarantees of the annuity and additional protections through state guaranty associations, employer fiduciary liability can be mitigated.
Both approaches generally provide employees with the benefit of institutional pricing.
Dollar Cost Averaging
By purchasing annuity credits over time, employees effectively dollar-cost average their purchases when buying fixed annuities. Some years employees will get more bang for their bucks than others, depending on the interest rate environment and their ages. The higher the prevailing interest rates at the time of each purchase, the more future guaranteed income they will receive when they begin to receive benefits. (Other factors are also involved.)
Employees may wind up buying annuities from multiple insurance companies over the course of the accumulation phase, increasing diversification of their retirement income portfolio, assuming they have multiple companies to choose from and a competitive pricing environment at each periodic purchasing opportunity. When variable annuity products are involved (whose ultimate value is influenced by the investment performance of the underlying assets), employees may have less of an incentive to shop frequently for new carriers.
Annuity-like options are currently offered by 401(k) recordkeepers and asset managers. But annuity specialist firms are also in the business of linking plan sponsors and annuity providers. One such firm, Dietrich & Associates, Inc., strictly deals with traditional fixed annuities. The earlier employees begin funding a fixed annuity the better, according to Geoff Dietrich, a vice president of the firm. In effect, employees have greater buying power when they are younger as the longer the deferral period (time until the pay-out phase begins), the higher the interest crediting rate applied by the insurance company will be. Also, as mentioned earlier, the longer time horizon of the investment acts as a natural hedge against interest rate fluctuations (risk).
Fixed annuity-based 401(k) programs do give employees options. For example, Dietrich's offering allows employees to choose from multiple, high-quality insurance companies, various benefit payout forms at retirement, cost-of-living adjustment features and liquidity.
Providing education for employees on the trade-offs of optional features, as well as on annuities in general, is essential for employees to make wise choices. A little help from employers can add understanding and, depending on the individual decisions, increased understanding can also greatly enhance the streams of income available at retirement. 

Monday, July 22, 2013

Understanding How the New Medicare Tax Affects Individuals


The 2010 healthcare legislation created a new 3.8 percent Medicare tax on net investment income collected by individuals, estates, and trusts. The new tax, which the IRS calls the NIIT, is effective for tax years beginning on or after January 1, 2013. So it's now officially time to start planning to avoid or minimize the tax for this year. To do that, you need to understand how it works. Helpfully, the IRS issued proposed regulations that provide much-needed details.


Exempt from the NIIT
Retirement account distributionsare exempt from the NIIT. Net investment income does not include distributions from qualified retirement plans and arrangements such as pension plans, profit-sharing plans, 401(k) plans, stock bonus plans, tax-favored annuity plans, tax-favored government plans, traditional IRAs, and Roth IRAs.
Self-employment income is also exempt from the NIIT. Net investment income does not include any income or deduction items that are taken into account in determining the taxpayer's net self-employment income for purposes of determining liability for self-employment tax.
Exception: The exception to the preceding general rule is for income and deduction items attributable to the business of trading in financial instruments or commodities. These items are taken into account in determining net investment income that is potentially subject to the NIIT whether or not these items are taken into account in determining net self-employment income.
Here is the impact of the new tax on:
Individual Taxpayers - Taxpayers are exposed to the NIIT when their modified adjusted gross income (MAGI) exceeds certain thresholds. The threshold amounts are $200,000 for unmarried people; $250,000 for married joint-filing couples or qualifying widows and widowers; and $125,000 for those who use married filing separate status.
Notes: These thresholds won't be adjusted for inflation, so more individuals will probably be hit with the NIIT in the future. Non-resident aliens are not subject to the NIIT.
The amount subject to the NIIT is thelesser of net investment income or the amount by which MAGI exceeds the applicable threshold. For this purpose, MAGI is defined as regular AGI from the bottom of page 1 of your Form 1040 plus certain excluded foreign-source income of U.S. citizens and residents living abroad net of certain deductions and exclusions.
Trusts and Estates - Trusts and estates are also exposed to the NIIT. Specifically, the NIIT applies to the lesser of the trust or estate's undistributed net investment income or AGI in excess of the threshold for the top trust federal income tax bracket. For 2013, that threshold is only $11,950, so many trusts and estates will probably owe the tax this year.
Estimated Taxes - If the 3.8 percent NIIT is owed, it should be taken into account for quarterly estimated tax payment purposes to avoid the interest charge penalty on insufficient estimated payments and withholding.
Income and Gain Potentially Exposed
The following types of income and gain (net of related deductions) are generally included in the definition of net investment income and thus potentially exposed to the NIIT.
  • Gain from selling assets considered held for investment -- including investment real estate and the taxable portion of gain from selling a personal residence.
  • Capital gain distributions from mutual funds.
  • Gross income from dividends.
  • Gross income from interest (not including tax-free interest such as municipal bond interest).
  • Gross income from royalties.
  • Gross income from annuities.
  • Gross income and gain from passive business activities (meaning business activities in which the taxpayer does not materially participate) and gross income from rents. Gross income from non-passive business activities (other than the business of trading in financial instruments and commodities) is excluded from the definition of net investment income, and so is gain from selling property held in such activities.
  • Gain from selling partnership and S corporation interests held for investment.
  • Gross income and gain from the business of trading in financial instruments or commodities (whether the taxpayer materially participates or not).
Calculating Net Investment Income
Net investment income is calculated in two steps.
Step 1. Add up the gross income and gains from the categories listed above.
Step 2. Reduce the total from Step 1 by deductions properly allocable to the income and gains quantified in Step 1. The result is your net investment income. Examples of allocable deductions include investment interest expense, investment advisory and brokerage fees, expenses related to rental and royalty income, and state and local income taxes allocable to income and gains listed in Step 1.
Gains from Selling Personal Residences
When you sell a principal residence, the gain is federal-income-tax-free to the extent of the allowable exclusion (up to $250,000 for an unmarried taxpayer and up to $500,000 for a married joint-filing couple). Such tax-free principal residence gains are exempt from the NIIT. However to the extent a principal residence gain exceeds the exclusion, the excess is considered investment income that is potentially subject to the NIIT. Gain from selling a vacation property is also potentially subject to the tax.
Examples Illustrating How the NIIT
Can Affect Individual Taxpayers
Example 1: In 2013, you file as unmarried. You have $325,000 of MAGI, which includes $95,000 of net investment income. You owe the 3.8 percent NIIT on all of your net investment income (the lesser of your excess MAGI of $125,000 or your net investment income of $95,000). The NIIT amounts to $3,610 (3.8 percent times $95,000).
Example 2: You and your spouse file jointly in 2013. You have $425,000 of MAGI which includes $145,000 of net investment income. You owe the 3.8 percent NIIT on $145,000 (the lesser of your excess MAGI of $175,000 or your net investment income of $145,000). The NIIT amounts to $5,510 (3.8 percent times $145,000).
Example 3: In 2013, you file as an unmarried individual with $199,000 of MAGI. You are exempt from the 3.8 percent NIIT, because your MAGI is below the $200,000 threshold for single taxpayers.
Example 4: You and your spouse file jointly in 2013 with $249,000 of MAGI. You are exempt from the 3.8 percent NIIT, because your MAGI is below the $250,000 threshold for joint filers.
Examples to Show How the NIIT
Can Sneak Up on Some Home Sellers
Example 5: You are an unmarried. In 2013, you sell your greatly appreciated principal residence, which you've owned for many years, for a $600,000 gain. Thanks to the principal residence gain exclusion break, your taxable gain for federal income tax purposes is "only" $350,000 ($600,000 gain minus $250,000 exclusion for single taxpayers). The $350,000 gain counts as investment income for purposes of the 3.8 percent NIIT.
To keep things simple, assume you have no other investment income and no capital losses. But you do have $135,000 of MAGI from other sources (such as salary, self-employment income and taxable Social Security benefits).
Due to the big home sale gain, your net investment income is $350,000 (all from the home sale), and your MAGI is $485,000 ($350,000 from the home sale plus $135,000 from other sources).
You owe the NIIT on $285,000 (the lesser of your net investment income of $350,000 or your excess MAGI of $285,000 ($485,000 minus $200,000 threshold for singles). The NIIT amounts to $10,830 (3.8 percent times $285,000).
Example 6: You and your spouse file jointly and in 2013, sell a greatly appreciated vacation home you've owned many years. You have a $650,000 gain. That profit is fully taxable, and is also treated as investment income for purposes of the 3.8 percent NIIT.
To keep things simple, let's say you have no other investment income or capital losses. But you do have $150,000 of MAGI from other sources.
Due to the vacation home profit, your net investment income is $650,000 (from the vacation home sale), and your MAGI is $800,000 ($650,000 from the vacation home plus $150,000 from other sources). You owe the NIIT on $550,000 (the lesser of your net investment income of $650,000 or your excess MAGI of $550,000 ($800,000 minus $250,000 threshold for joint-filing couples). The NIIT amounts to $20,900 (3.8 percent times $550,000).
Tax Planning Can Help Minimize or Avoid the NIIT
As you can see, the NIIT can bite. However, it's not inevitable. You can minimize or avoid the tax by taking steps to lower your MAGI and/or lower your net investment income. For example, you can lower your MAGI by making larger deductible contributions to tax-favored retirement plans and accounts for the 2013 tax year. You can lower both MAGI and net investment income by selling loser securities (worth less than you paid for them) held in taxable accounts before December 31. Consult with your tax adviser for other tax-saving moves to make between now and year end.

Wednesday, July 10, 2013

How the Supreme Court Rulings Affect Employee Benefits


The Supreme Court's decision in Windsor, which invalidated Section 3 of the Defense of Marriage Act (DOMA), is fundamentally a ruling on tax law -- but there are several key employee benefit areas that are affected.
Before DOMA's 1996 enactment, the IRS deferred to a given state's definition of "spouse." DOMA blocked that, but Windsor restored the IRS's original ability to accept state definitions. As a result, same-sex spouses in states that recognize same-sex marriages can now:


Where Is Same-Sex Marriage Recognized?
California, Connecticut, Delaware*, Iowa, Maine, Maryland, Massachusetts, Minnesota**, New Hampshire, New York, Rhode Island**, Vermont, Washington and the District of Columbia
*Effective date is July 1, 2013
**Effective date is August 1, 2013

  • File joint tax returns;
  • Receive property from a spouse who has died without paying estate taxes;
  • Give property to a spouse without gift tax implications; and
  • Not be taxed on the value of a spouse's health benefits.
The tax return filing status and non-taxable health benefits may require employers to make adjustments to payroll tax withholding schedules. It might also involve filing a claim for a refund of any payroll taxes an employer paid on the value of a formerly unrecognized spouse's health benefits, if the ruling is retroactive.
There are key employee benefit / human resource policy areas that effect employers in the states directly involved:

  • COBRA: Coverage must be offered that covers an employee's same-sex spouse.

  • FMLA: An employee in a same-sex marriage is eligible for leave to take care of a sick spouse.

  • Divorce and Family Law: An employer may need to administer qualified domestic relations orders (QDROs) with respect to a divorce or newly recognized spouse

  • Survivor Benefits for Retirement Plans and Annuities: Same-sex married couples have newly expanded eligibility.
Employers in impacted states need to review their policy manuals and forms to ensure consistency with the Court's ruling.
What Happens Now?
While there are some steps that need to be taken immediately, experts advise that employers should wait until guidance is released to take other steps.
After the ruling, President Obama stated: "I've directed the Attorney General to work with other members of my Cabinet to  review all relevant federal statutes to ensure this decision, including its implications for federal benefits and obligations, is implemented swiftly and smoothly."
You can expect the federal government to issue a flurry of new regulations in this area reflecting the Supreme Court's decision.
Employees who are married to individuals of the same sex who previously did not reveal their status to their employers because it did not entitle them to any benefits (at least not without added cost), may come forward now, impacting the configuration of health plan enrollment status.
Some of these new rights may be retroactive. Consult your attorney or an HR professional for more on how the Court's ruling may affect your business or not-for-profit organization.

(Click here for an article about how the Supreme Court rulings will affect the federal taxes of same-sex married couples, as well a description of the cases.)

Friday, July 5, 2013

Health Savings Account Limits for 2014

HSAs for 2014

With Health Savings Accounts (HSAs), individuals and businesses buy less expensive health insurance policies with high deductibles. Contributions to the accounts are made on a pre-tax basis. The money can accumulate year after year tax free, and be withdrawn tax free to pay for a variety of medical expenses such as doctor visits, prescriptions, chiropractic care and premiums for long-term-care insurance.

Participating employers can also contribute to accounts, on behalf of their employees.
Here are the 2014 limits for individual and family coverage, which were announced by the IRS inRevenue Procedure 2013-25. They are determined after the IRS applies cost-of-living adjustment rules, and the changes in the Consumer Price Index for the relevant period.

Health Savings Accounts
2014
2013
Self-only coverage annual minimum deductible$ 1,250$ 1,250
Self-only coverage maximum out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums)$ 6,350$ 6,250
Self-only coverage maximum HSA contribution$ 3,300$ 3,250
Family coverage annual minimum deductible (Family coverage can include a spouse and any dependents)$ 2,500$ 2,500
Family coverage maximum out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums)$12,700$12,500
Family coverage maximum HSA contribution$ 6,550$ 6,450

For more information about HSAs, contact your employee benefits and tax adviser.