Taxes

401(k)s a Scam? Hardly.

I like James Altucher.

I'm not even sure why. He's a bit of a self-deprecating odd-ball, but has experiences you can learn from and is not afraid to share them.

I enjoy much of what he writes and he's on my shortlist of bloggers. But a recent blog post of his - Why Your 401K Is A Scam - is guilty of hype at best and poor advice at worst. Let's take a look at his arguments and shine a little common sense on them:

His PROs:
  • It builds a savings habit, especially when you are young
  • The employer match
  • Tax deferred earnings (Aultucher is focused on non-Roth 401(k)s here)
To this I'll add two more benefits:
  • Between 59 1/2 and 70 1/2 - you have complete discretion regarding timing of withdrawals (and, outside those parameters, some flexibility tempered by withdrawal penalties before and Required Minimum Distributions (RMD) after)
This flexibility lets you work around other earnings and taxable Social Security payments to minimize thetax impact of your 401(k) dollars
  • 401(k) assets are generally judgement-proof in case of a lawsuit
His CONs:
  • You can't predict your tax rate 30 years from now.
Tax strategy, like investment strategy, is not without risk. But in recent years, tax brackets have moved within a narrow band rather than moves that would render current strategies unwise. Couple that with the likely circumstance that some degree of warning would be given that would allow you to pull the funds (even with a penalty) before any overwhelming increase would take effect, and preservation of options seems a wiser choice rather than closing them off prematurely. 

Barring death (see below) or the blessings of an extremely long life, you will not have to pull the funds out all at once (see above) and be forced into a higher tax bracket.
  • The employer match.
Altucher argues the employer match is offset by lower wages and subject to vesting restrictions. Both true. But if this is the job you have, your employer is not going to pay you more if you voluntarily step back from the 401(k) (in fact, if enough non-highly compensated employees do so, it screws up the Big Bosses' 401(k) contributions). Avoiding the 401(k) will get you the same lower salary without the offsetting match.
  • Fees
This has been a big problem in the past. It remains so for many 403(b) plans (mostly non-profit employers) managed by insurance companies; so much so that for 403(b)s, it may make more sense to put incremental dollars into an IRA. traditional or Roth.

For the rest of us though, things have been improving. A large number of 401(k)s now have low cost index fund options and recent changes have mandated the explicit disclosure of management fees. Keep in mind the relevant comparison is not fees vs no fees, but fees charged by your 401(k) vs the cost of investing in a similar strategy outside your firm's retirement plan - a cost that is often comparable.
  • [Incorrect] Assumption on market returns
He's completely off-base here. The market is the market inside or outside of a 401(k). The gross returns for identical assets will be the same. The net returns will depend on expenses and the very item we are discussing here: taxes.
  • More on taxes [timing]
Altucher argues most taxpayers have higher deductions in their prime earnings years (dependents, business deductions and - though he is no fan of home ownership - I'll throw in mortgage interest deduction here). It has been my experience that lower earned income and medical deductions late in life at least counter-balance the aforementioned write-offs.

I'll add three more cons Altucher missed:
  • Traditional 401(k)s turn capital gains into ordinary income
Held outside of a Traditional 401(k) or IRA account, capital gains are taxed at a lower rate than ordinary income, but that advantage disappears inside a tax-deferred account and all your gains face the higher rate. If you are fortunate enough to have the flexibility, look to place your capital gains generating investments outside of tax-deferred accounts.
  • Your investment options are limited
Want to buy rental property? Invest in a private business? Commodities? Not inside a 401(k).

While some plans may offer semi-exotic funds allowing you to invest in Real Estate Investment Trusts (REITs) or foreign bond, most retirement plans do not offer the full range of investments.
  • You may not be in a higher tax bracket when the funds come out but your heirs might
Tax-deferred accounts don't have the most flexible rules for heirs, especially non-spouses. They may have to get the money out before you'd planned on it and, of course, it will come out based on their tax bracket, not yours.

In short, 401(k)s are not a scam, but another weapon in your retirement arsenal. When and how you should deploy them requires thought and planning.

If you're a Missouri resident and would like help with your planning, please visit us at www.comptonadvisors.com.

Compton Advisors, LLC is a Registered Investment Adviser (RIA) firm regulated by the Securities Division of the Missouri Secretary of State office. Compton Advisors, LLC does not render or offer to render personalized financial, investment, legal, or tax advice through this blog. This information is for informational purposes only and does not constitute financial, investment, legal, or tax advice. This information has not been approved or verified by any governmental authority.



Year-End Tax Issues

What's left to be done for 2014

It's that time of year when tax-payers get to make decisions on the timing of cash flows - timing of a few days that can mean real dollars.

The general rule of thumb is this:


  • If you will be in a higher marginal tax bracket next year:
    • accelerate income
    • delay deductions
  • If you will be in a lower (or, like most of us, the same) marginal tax bracket next year:
    • delay income
    • accelerate deductions
Specifically:
  • Charitable contributions
    • If you want the deduction in 2014, make sure you give enough lead time to the charity to process the gift before year-end. Though your check may say December 30 and you postmarked it Dec 31, you don't want to be explaining to the IRS why your letter from the charity says "Thank you for your contribution on January 4".
    • Make sure you follow the IRS guidelines for documentation, especially for non-cash gifts. They can be found in IRS publication 526.
  • Harvesting tax losses in your portfolio
    • Holding periods are based on transaction date, not settlement date
    • Do not let tax decisions force you into poor investment decisions
    • Beware of 'wash sales' - selling a stock and buying it back within 30 days erases the loss for tax purposes
  • Gifting
    • Any individual can gift $14,000 per year to any other individual without tax consequences. If you want to give more, plan it around year-end - gifting $14,000 in December and another $14,000 in January
    • Need to give more, say to an adult child and their spouse? You can gift the child and the spouse $14,000 each in 2014 & 2015 as can your spouse for a total of $14,000 x 2 years x 2 grantors x 2 recipients for a total of $112,000 before the Rose Bowl ends.
  • 401(k)
    • You probably have one paycheck left to stuff your 401(k) up to $17,500 ($23,000 if you're 50 or older)
    • Self-employed taxpayers should plan on making their non-profit sharing contribution to their solo 401(k) by year end.
  • Business transactions
    • Speaking of the self-employed: if you are on a cash basis, accelerate your expenses, including Section 179 expenses into this year if you are going to be in the same marginal tax bracket.
    • Take your income in the year with the lowest marginal tax rate if you have a choice
  • Other deductions
    • Pay your state income tax estimates and, if you won't pay more in penalties than you save in taxes, your property taxes in the year you are in the highest marginal bracket. 
    • If you can lump multiple years of miscellaneous or medical deductions together by delaying or accelerating payments, it may pay to do so as these are subject to a percent of Adjusted Gross Income (AGI) threshold each year before they are deductible 
    • These only work for those who itemize deductions and even then beware that the Alternative Minimum Tax (AMT) may erode some of these benefits

Changes for 2015

  • 401(k), 403(b), TSP, and most 457 plan contributions will be raised to $18,000 for workers under 50
  • Catch-up contributions will increase to $6,000 (from $5,500) for those 50 y.o. or older
  • Traditional IRA phase-out for tax deductions increases $1,000 for singles to between $61,000 (fully deductible) and $71,000 (non-deductible)
  • The standard deduction is increasing to $6,200
  • For now, the higher education tuition deduction is set to expire Dec. 31, 2014
  • Business mileage deductions are increasing
  • Tax brackets will be adjusted for inflation
It should be noted that Congress is notorious for last-minute (and retroactive) tax law changes, so this list may change before you file.

More Year-End Clean Up

Last week we ran down some year-end tax moves. This week we have a few more:

Required Minimum Distributions (RMDs)

If you have begun taking the required minimum distributions from your IRAs and 401(k)s, you must get the 2014 RMD out by December 31, 2014 (if you turned 70 1/2 in 2014 and this is your first year for an RMD, you have until April 1, 2014, but all subsequent years' payments must come out by December 31 each year).

If you miss the deadline, the taxes are brutal: 50% of the undistributed amount of the RMD.

For more information see IR-2014-112

529 Contributions

Though not deductible for Federal tax purposes, many states allow limited deductions for contributions to 529 plans (savings for higher education) that they sponsor from their residents (e.g. the first $8,000 contributed each year to the Missouri MOST plan is deductible for state tax purposes by Missouri taxpayers).

The deadline for these contributions is December 31.

For some ideas on how to make gifting to your child's 529 plan easy for friends & family this holiday season, see this savingforcollege.com article:

5 Ways to Get Money for College this Holiday Season

The American Recovery & Reinvestment Act - Tax Highlights

The recently passed American Recovery & Reinvestment Act (a.k.a. The Stimulus Package) means a lot of changes to your taxes - some big, some small depending on your personal circumstances. Here are the highlights:




(Note: ranges are for full benefit - partial benefits may phase-out above the ranges)





If you make more than $250,000 Married Filing Jointly ($125,000 - single)

  • The Alternative Minimum Tax (AMT) exemption amount has been 'patched' for the 2009 tax year, raising it to $70,950 (from $45,000 - was $69,950 in 2008) for married couples filing jointly (MFJ) and $46,700 for singles.


  • Note: The AMT 'patch' has been an annual tax relief item in recent years as the AMT exemption is not indexed to inflation. It is likely some relief would have been made outside this bill regardless. This change is applicable to all the ranges below, but it is increasingly less likely that they would have been impacted by the AMT.

    If you make less than $250,000 ($125,000 - single)

  • You may deduct state & local sales taxes for the purchase of new cars, light trucks, RVs, & motorcycles over & above the state & local income tax deduction. This is for 2009 only.


  • If you make less than $160,000 ($80,000 - single)

  • You can take advantage of the First Time Home Buyer Credit. This gives you a refundable (i.e. pays you cash if the credit is larger than your tax liability) tax credit of $8,000 (or 10% of the purchase price if lower) if you buy your home between January 1, 2009 and November 30, 2009. You do not have to pay the credit back and you can claim it on your 2008 return as well. If you purchased the home between April 9, 2008 and December 31, 2008, you can still get a credit up to $7,500, but this must be repaid over 15 years. Both credits are subject to recapture if the house is sold within three years. A 'first-time home buyer' is one who has not owned a principle residence in the past three years. Both spouses must qualify if MFJ.


  • You can take a credit for up to $2,500 of post-secondary education expenses under the "American Opportunity" Education Tax Credit in 2009 & 2010.


  • If you make less than $150,000 ($75,000 - single)

  • You are eligible for the "Making Work Pay" tax credit of 6.2% of earned income up to $800 ($400 - single) in 2009 & 2010. This credit effectively refunds your FICA tax on the first $6,451.61 of pay. The tax credit will be pre-funded by adjusting withholding tables and letting you keep more of your paycheck.


  • If you make less than $21,420 ($16,420 - single)

  • If you have three or more children, your Earned Income Tax Credit (EITC) will increase 5% on the first $12,570 of earned income (maximum of $628.50).


  • If you are unemployed

  • Weekly unemployment benefits will increase by $25 through 2009 and benefits will be extended by 33 weeks or through December 31, 2009 whichever comes first.


  • The first $2,400 of unemployment benefits will not be subject to Federal Income Tax in 2009.


  • You may claim a 65% subsidy of COBRA payments if you were involuntarily terminated between September 1, 2008 and December 31, 2009.


  • If you are retired or disabled

  • Those collecting SSI or Veteran's Disability are eligible for a one-time payment of $250. The payment will offset any Making Work Pay credit the recipient would otherwise be eligible for.







  • These changes account for only $292.275 billion of the approximately $800 billion act - for more detail, go to www.recovery.gov or to see a summary of all aspects of the act, go to: http://finance.senate.gov/press/Bpress/2009press/prb021209.pdf.