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  TRADITIONAL IRA's

IRA's were created with the passage of ERISA, the Employee Retirement Income Security Act of 1974. At that time, contributions were fully tax deductible, but could only be made by individuals not covered by a retirement plan through their employer. The maximum amount that could be contributed was limited to the lesser of 15% of compensation or $1,500. Subsequent legislation has changed many things about IRA's, and further changes are possible in the near future. The current limit is the lesser of 100% of compensation or $2,000, and while anyone with earned income can contribute regardless of participation in an employer sponsored retirement plan, the contribution might not be deductible. Recent legislation has also created the Roth IRA, therefore requiring the use of the terms Traditional IRA or Regular IRA to avoid confusion.

Contributing to an IRA
To be eligible to establish and contribute to a Traditional IRA, an individual must be under age 70½ by the end of the year, and they (or their spouse if filing a joint return) must have earned taxable compensation during the year. Compensation or "earned income" includes wages, salaries, tips, professional fees, bonuses, commissions, self-employment income, alimony, and other amounts received for providing personal services. For purposes of contributing to an IRA, compensation does not include earnings such as rental income, investment income, pension or annuity income, deferred compensation, disability payments, Social Security, or foreign earned income.

Contribution Limits
As mentioned above, the maximum that can be contributed to an IRA is the lesser of the compensation earned during the year or $2,000, regardless of whether contributions are made to more than one IRA (including Roth IRA's), or whether the contributions are deductible. Many people assume that they can contribute more than $2,000 as long as they do not deduct it. Unfortunately, that is not the case, and the IRS imposes penalties if an individual contributes more than is allowed, which is referred to as an "excess contribution."

The IRS has made a provision for a "non-earning" spouse to also contribute up to $2,000 per year to an IRA, as long as one spouse earns at least $4,000 in order for each to contribute the maximum amount. Prior to 1998, the non-earning spouse was limited to a contribution of $250. A spouse who earns less than $2,000 per year can still contribute the $2,000 limit, provided the other spouse earned at least $4,000 in compensation.

Deductibility of Traditional IRA Contributions
Many investors mistakenly believe that their income is "too high" to permit them to contribute to a Traditional IRA. When IRA's first became available in the mid-1970's, that was a possibility, but current IRS regulations allow anyone who meets the age and compensation requirements described above to contribute to an IRA. If an individual or their spouse is not covered by an employer-sponsored retirement plan, their IRA contribution is fully deductible, regardless of income level. However, if an individual or their spouse is covered by a retirement plan at any time during the year, they can still contribute to a Traditional IRA, but their ability to deduct the contribution may be reduced or eliminated. Investors with modified adjusted gross income in the ranges listed below who are or have been active participants in employer-sponsored retirement plans during the year qualify for partial IRA deductions.


	Tax Year                Married Participants	Single Participants
	2000		$52,000-$62,000		$32,000-$42,000
	2001		$53,000-$63,000		$33,000-$43,000
	2002		$54,000-$64,000		$34,000-$44,000
	2003		$60,000-$70,000		$40,000-$50,000
	2004		$65,000-$75,000		$45,000-$55,000
	2005		$70,000-$80,000		$50,000-$60,000
	2006		$75,000-$85,000		$50,000-$60,000
	2007		$80,000-$100,000		$50,000-$60,000

Married participants filing separately are only able to deduct a Traditional IRA contribution if their modified AGI is below $10,000. Individuals with incomes higher than those listed above can still make a contribution, but are not eligible to deduct it. Also, if an IRA investor is not an active participant in an employer plan but their spouse is, their phase-out range for deductible contributions is between $150,000 and $160,000.

If a contribution is nondeductible or partially deductible, IRS Form 8606 must be included with the tax return. When properly filed for each year that a nondeductible contribution is made, this form maintains a running total of money in an IRA that has already been taxed. This form is also used when IRA withdrawals begin, to calculate how much of the distribution is taxable and how much of it is tax-free. There is a $50 penalty for failure to file Form 8606 when required. If a husband and wife both make nondeductible contributions, each spouse must file their own 8606 form.

Contributions to an IRA must be made by the tax filing deadline of April 15, with no extensions as is the case with plans such as SEP-IRA's or Keoghs.

IRA Withdrawals
Withdrawals from IRA's usually begin after an individual has reached age 59½. Prior to that time, there is generally an early withdrawal penalty of 10% in addition to any taxes owed on the distribution. However, the following is a list of exceptions to the 10% early withdrawal penalty:

  • Death
  • Disability
  • Substantially Equal Periodic Payments
  • Health insurance premiums for certain unemployed individuals
  • Medical expenses that exceed 7½% of AGI
  • First-time home purchase (up to $10,000 limit)
  • Higher education expenses
  • Involuntary distributions due to an IRS levy

Traditional IRA's being converted to a Roth IRA are also not subject to the early withdrawal penalty.

When money is withdrawn from a Traditional IRA, it is taxed as ordinary income based on the individual's marginal tax rates. No calculation is required to calculate capital gains on IRA withdrawals. The only calculation that may be necessary is if nondeductible contributions had been made, as explained above.

Withdrawals must begin when the IRA investor attains age 70½, often referred to as minimum required distributions. At that time, the individual has many choices to determine how much of their IRA needs to be withdrawn each year. For instance, they may choose to base their withdrawals on a joint life expectancy with the beneficiary of their IRA, or based on their single life expectancy. The amount required to be withdrawn is also affected by the calculation method chosen to determine their life expectancy each year. Some individuals opt to "recalculate" their life expectancy annually using IRS tables, while others simply reduce their life expectancy factor used in the calculation by 1 each year and draw out their IRA a little more rapidly. Each method has its advantages and disadvantages to the IRA investor and perhaps to their beneficiaries, and requires careful consideration before beginning the minimum required distributions.

Pending legislation before Congress may bring about many changes with the IRA rules described above. Possible modifications include contribution limits being increased, expanding eligibility for deductions, and simplifying the regulations for minimum required distributions. It will be very important for investors to pay close attention to any upcoming revisions.

 
 
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