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One important thing to note that hasn't been mentioned yet - the timing of your return of excess contribution matters a lot. If you withdraw excess contributions before your tax filing deadline (including extensions), you won't be taxed on the earnings from those contributions. But if you miss that deadline, you'll have to pay a 6% tax on the excess amount for each year it remains in your account. So even though your distribution wasn't coded properly, the fact that you took it within the same tax year is good!
Does the timing issue apply differently for Roth vs Traditional IRAs? I have a similar situation with both types of accounts and I'm confused about which deadlines apply to each.
The timing rules are actually the same for both Roth and Traditional IRAs. For both types, you need to withdraw excess contributions (and any earnings on those contributions) by your tax filing deadline including extensions (typically October 15th) to avoid the 6% excise tax penalty. The main difference is in how the earnings are treated. For Traditional IRAs, the earnings are generally taxable in the year you make the withdrawal. For Roth IRAs, the earnings are also taxable if you withdraw them, but they may additionally be subject to the 10% early withdrawal penalty if you're under 59½ and don't qualify for an exception.
Has anyone used Form 5329 for this type of situation? I'm wondering if I need to file that along with my tax return when dealing with the improperly coded distribution.
Something everyone's missing in this conversation - qualified retirement plans! While Roth IRAs have that marriage penalty with the lower limits, employer plans like 401ks don't have this issue. Also, don't forget about spousal IRAs - if one of you stops working when the baby comes, the working spouse can still contribute to the non-working spouse's IRA even with no income. This is ONLY available if you're legally married. And remember, with a kid, one of you gets head of household filing status if unmarried, which is better than single filing status but not as good as MFJ in many cases. The higher standard deduction for MFJ vs HOH+Single might offset some of what you're calculating.
I hadn't thought about the spousal IRA angle - that's a good point if one of us takes time off work. For the head of household vs. MFJ comparison, do you know roughly what income levels the breakeven point would be? We're trying to plan for several scenarios.
The breakeven point between HOH+Single vs. MFJ varies widely based on income distribution, deductions, and credits. Generally, if you both make similar high incomes (like your situation), staying unmarried often provides tax advantages. The MFJ advantages typically shine when incomes are very disparate. For 2024/2025, the standard deduction for MFJ is $29,200 while HOH is $21,900 and Single is $14,600. So HOH+Single combined is $36,500 - already higher than MFJ. But when you factor in the different tax brackets, EITC, child tax credits, etc., it gets complicated. The child tax credit phase-out starts at different income levels for different filing statuses. If one of you might take extended time off work with the baby, that's when marriage often becomes more advantageous tax-wise due to the income splitting effect and spousal IRA.
Has anyone mentioned the Alternative Minimum Tax (AMT)? At your income levels, especially if you're in a high tax state with high property taxes, AMT can kick in and eliminate some deductions when married. Also consider that many tax benefits phase out based on AGI - not just Roth contributions but also student loan interest deductions, rental loss deductions, etc. As a married couple your combined AGI could push you over these limits. Something else to consider - marriage gives you double the capital loss deduction ($6,000 vs $3,000) which matters if you have investment losses to harvest.
Another option you might want to consider is a Charitable Remainder Trust (CRT). You contribute the appreciated asset to the trust, get an immediate partial tax deduction, and the trust sells the asset tax-free. The trust then pays you an income stream for life or a set period, and the remainder goes to charity when the trust ends. The math can work out quite well if you're planning to hold the asset long-term anyway. I did this with some tech stocks that had appreciated 1000% and it saved me a ton in capital gains while providing steady income.
Would this work for crypto? I've got some ETH that's gone up like crazy and I'm trying to figure out how to cash some out without giving half to Uncle Sam.
Yes, it can work for cryptocurrency. The key is that the trust sells it after you've donated it, so the trust itself doesn't pay capital gains tax on the appreciation. You'll need to find a trustee comfortable with handling crypto assets though, as some traditional trustees aren't familiar with the process. Keep in mind that you're ultimately giving a portion to charity - this isn't a strategy to avoid taxes completely while keeping all the money. But the tax benefits plus the income stream can make the math very favorable compared to just selling and paying capital gains tax directly.
Has anyone actually tried the S-Corp to Wyoming LLC to trust strategy the OP mentioned? I've heard claims that Wyoming entities provide strong asset protection, but I'm skeptical about the tax benefits. Seems like the IRS would see through this pretty quickly.
I looked into something similar for my business. The Wyoming LLC part can work for privacy and some liability protection, but it doesn't magically change your tax situation. The IRS follows the money regardless of how many entities you put in between. And trying to loan yourself money through your own entities gets really tricky really fast.
Another approach is to use the Multiple Jobs Worksheet on the W4 if both you and your wife work. When I was getting big refunds, it turned out I needed to check the box in Step 2(c) since my wife and I both have similar incomes. Made a huge difference in our withholding.
The problem with checking that box is it often withholds too much if your incomes aren't exactly equal. I found it better to use the irs withholding calculator online and follow its recommendations instead of the worksheet.
That's a fair point. The checkbox method is definitely a rough estimate. The calculator is more precise, especially if one spouse makes significantly more than the other. I've found the worksheet reasonable when our incomes are within about 20% of each other, but anything beyond that and the calculator is definitely the way to go.
Be careful about cutting it too close to $0. I tried that last year and ended up owing $800 plus a small penalty because I didn't have enough withheld. Maybe aim for a small refund of $500-1000 just to be safe?
This is good advice. I target about $500 refund as a buffer. Also remember that if you owe more than $1000 at tax time AND didn't have at least 90% of your tax liability withheld throughout the year (or 100% of last year's tax), you could face underpayment penalties.
Miguel Ramos
Quick question for anyone who's done this: if the entire $6000 was excess, does Vanguard just close your Roth IRA completely? Or do they just remove the money but keep the account open?
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Zainab Ibrahim
ā¢They just remove the money and any associated earnings - they don't close your account. I had this exact situation with Vanguard last year, and my account stayed open with a $0 balance after the removal.
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StarSailor
Word of warning from someone who procrastinated on fixing an excess contribution - the 6% penalty really adds up over multiple years. Don't wait to fix this! I ended up paying almost $1100 in penalties because I waited over 3 years to correct mine.
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