Owners of traditional Individual Retirement Accounts (IRAs) may use a special rule to achieve substantial income tax savings while benefiting charities of their choice. They may transfer up to $100,000 from their IRAs to charitable organizations without incurring income tax on the IRA withdrawal.
Federal law mandates that an IRA owner who reaches age 70 ½ must withdraw a minimum distribution each year. Withdrawal of the required minimum distribution (RMD) for the year in which the owner reaches age 70 ½ may be deferred until April 1 of the following year. The IRA owner must withdraw the RMD for each subsequent year by December 31 or be subject to a possible 50% penalty.
An IRA owner could withdraw the RMD and then contribute it to the charity. This owner would report the RMD as taxable income and claim an income tax charitable deduction for the contribution to the charity or charities.
Federal law limits the charitable deduction an individual may claim. Total charitable deductions cannot exceed 50% of an individual’s income, as adjusted. To illustrate the benefit of this rule, this letter assumes that the IRA owner may deduct only 50% of the contribution. The taxpayer would then pay tax on 50% of the RMD despite all the amounts withdrawn passing to charity.
It’s critical that the couple understand and adhere to the rules governing their acts. Married clients often establish a Family Trust to control the disposition of their assets During their lifetimes, clients may transmute (that is, change the form of) property, whether from separate to community, from community to separate or from the separate property of one spouse to the separate property of the other spouse. A transmutation isn’t valid unless made in writing by an express declaration that’s made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected. The writing must contain language that expressly states that the characterization or ownership of the property is being changed.
Tax-deferred exchanges of commercial or investment real property are a common strategy for real estate owners. Federal courts have taken a pro-taxpayer approach in allowing taxpayers to structure these exchanges. California has not until recently.
Owners of traditional Individual Retirement Accounts (IRAs) may use a special rule to achieve substa[..]
