July, 2005 Tax Newsletter
Roth 401(k) Accounts
The Economic Growth and Tax Relief Reconciliation Act of 2001 added a new section to the Internal Revenue Code that provides for designated Roth contributions to 401k plans. Employers may begin offering these plans in 2006
In March, 2005.the IRS proposed rules for this new type of account which combines features of Roth IRAs with features of 401(k) plans. Employers can offer the new accounts as an option in their regular 401(k).
In a regular 401(k) plan, contributions are made with before-tax dollars. The money is not taxed while it remains in the account, but every dollar taken out is taxed as ordinary income.
Contributions to a Roth 401(k) will be made with after-tax dollars, so initially they won't reduce an employee’s tax bill. However, the money will grow tax-free, and all withdrawals after age 59 1/2 will be tax-free. In other words, a regular 401(k) plan gives you a tax break on the front end while the Roth 401(k) gives it to you on the back end. This may sound familiar, as in these respects, they are like Roth IRAs.
Whether you should consider a Roth 401(k) as opposed to a regular 401(k) depends upon the same factors one considers in choosing a traditional IRA versus a Roth IRA: how long the money will stay in the account, how much it will earn and what your tax rates are when you put the money in and take it out.
Employees will be able to contribute to one or both accounts, but they can't switch money from one plan to the other after it goes in. Nor can they double their contribution by having both types of 401(k) accounts. The same contribution limit will apply to either account, or both combined.
If an employer provides a matching contribution, the match must be put into a regular 401(k) account, even if the employee directs all of his or her contributions into a Roth 401(k).
While the Roth 401(k) was authorized back in the 2001 tax law, it has received little attention because employers can't begin offering them until Jan. 1, 2006. There will be much more publicity in the months to come.
The most you can put in a Roth IRA next year is $4,000 (or $5,000 if you are 50 or older). The most you can put in a Roth 401(k) next year will be $15,000, which is the same contribution limit that will apply to regular 401(k) plans in 2006. If you put money in a Roth 401(k) and a regular 401(k), your total allowed contribution to both accounts combined is $15,000.
People 50 and older can contribute an extra $5,000 to their 401(k) plan next year. The proposed regulations do not say whether this catch-up contribution will also be allowed in Roth 401(k) accounts. Some employers may be reluctant to offer them because, like most provisions of the 2001 tax act, they expire after 2010.
In addition to the similarities between a Roth IRA and a Roth 401(k), there are also several important differences. Some of these are:
1. Married couples who have more than $160,000 in adjusted gross income, and singles with more than $110,000, may not contribute to Roth IRAs. Roth 401(k) plans will have no income limitations.
2. One of the major benefits of Roth IRAs is that they don't require you to start taking money out at age 70 ½, whereas you must begin taking a minimum withdrawal each year from regular IRAs and regular 401(k) plans at age 70 1/2. This distribution, based on life expectancy, forces you to pay tax whether you need the income or not. Under the proposed rules, you would have to start taking money out of your Roth 401(k) plan at age 70 ½. That's a potential drawback if you want more control over your taxes in retirement.
However, the proposed rules allow money from a Roth 401(k) plan to be rolled over into a Roth IRA. Since the former will require distributions at age 70 1/2 and the latter does not, this appears to be a loophole the IRS will very likely address.
3. Since 1998, if you are under a certain income level you have been able to convert a regular IRA into a Roth IRA if you pay income tax on the amount converted in the year of conversion. The proposed rules do not permit conversions from regular 401(k) accounts into Roth 401(k) accounts.
A couple of final comments:
If you have a Roth 401(k) at work you are not precluded from having a Roth IRA as well, as long as you don't earn too much to have a Roth IRA.
Most provisions of the 2001 tax act, including Roth 401(k) plans expire after 2010. Unless Congress extends them, the money already in Roth 401(k) plans can stay there after 2010, but no new money can be contributed.
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