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Higher IRA Contribution Limits – The maximum annual contribution limits for both traditional and Roth IRAs will rise from the current $2,000 to $5,000 in 2008 with annual inflation adjustments after 2008. Taxpayers who have attained age 50 by the end of the year will be able to make additional "catch-up" contributions of $500 for 2000 through 2005, and $1,000 for 2006 and thereafter. Although the Act substantially increases the amount that can be contributed to an IRA, the limitations in the current law on deductibility and the ability to use a Roth IRA remain the same. Also retained is the current law limit on converting to a Roth IRA – you’re only eligible to do so if your adjusted gross income is not more than $100,000.

 

 

 

Defined Contribution Plans – The limit on the amount you can contribute on an elective deferral basis to your 401(k) or other defined contribution plan will increase to $11,000 in 2002 and will reach $15,000 by 2006 with annual inflation adjustments after 2006. The applicable dollar limit is larger for taxpayers who are age 50 by the end of the year - $12,000 in 2002 and will reach $20,000 by 2006. In addition, after December 31, 2001, the new law will permit an employer to contribute (after taking into account elective deferrals, but not the "age 50" increase) to the account of each plan participant up to the lessor of (a) 100% of compensation or (b) $40,000.

 

 

Profit Sharing Plans – The limit for contributions to a profit sharing plan is increasing from 15% of compensation to 25% of compensation beginning in 2002. For years beginning after December 31,2001, elective deferral contributions will not be subject to these deduction limits. Thus, these deferrals will be deductible on top of the 25% -of- compensation limit for employer contributions.

 

 

Roth Contributions to 401(k) and 403(b) Plans – Effective for tax years after 2005, 401(k) and 403(b) plans can include a "qualified Roth contribution program." Under this program, an employee may elect to make a "designated Roth contribution" in lieu of all or a portion of the employee’s otherwise allowable elective deferrals. This new option will allow taxpayers to make much larger annual designated Roth IRA contributions than they can make with regular Roth IRAs. In addition, the ability to make a Roth contribution to a 401(k) or 403(b) will not be limited by adjusted gross income, as are contributions to regular Roth IRAs.

 

 

IRS Granted Power to Waive 60-Day Rollover Requirement – The IRS has heard many horror stories of taxpayers unable to complete rollovers of distributions from qualified plans or IRAs within the required time period, resulting in substantial taxes and penalties. Effective after 2001, the IRS is given the ability to waive the 60-day rule where there are extenuating circumstances, such as casualty, disaster or a financial institution’s egregious error.

 

 

Exemption Increase, Rate Reduction and Brief Repeal of Estate and Generation-Skipping Transfer Taxes – The estate and GST tax rates are gradually reduced over the next nine years, after which these taxes are repealed for 2010 only. The estate tax "exemption" (currently $675,000) increases to $1 million next year and gradually increases to $3.5 million by 2009. The highest estate tax rate (currently 55%) drops to 50% next year and ultimately to 45% by 2007.

 

 

Gift Tax Exemption Increased and Rates Reduced – Although the top gift tax rate is also gradually reduced over the next nine years, the gift tax has not been repealed – even for a year. Beginning in 2010, the top gift tax rate will be equal to the highest individual income tax rate, which by then is scheduled to be 35%. After increasing to $1 million next year, the gift tax exemption will remain constant with no indexation.

 

 

Carryover Basis for Property Received From a Decedent – Beginning in 2010, there will no longer be a "step-up" to fair market value in the basis of all of a decedent’s assets at death. If you inherit property from a decedent, you will generally receive a basis equal to the lesser of the fair market value of the property on the decedent’s date of death or the decedent’s adjusted basis in the property. The key exception to this rule is that a decedent’s executor can increase the basis of assets transferred by a total of $1.3 million plus any unused capital losses and net operating losses. An additional $3 million basis increase is allowed for property transferred to a surviving spouse, which means that property transferred to a spouse would be allowed a basis increase of $4.3 million. However, certain types of assets are not eligible for the basis increase.

 

 

 

 

In the preparation of this publication, every effort has been made to offer current, correct and clearly expressed information. The information in the text is intended to afford general guidelines on matters of interest to taxpayers. The application and impact of tax laws can vary widely from case to case, however, based upon the specific or unique facts involved. Accordingly, this publication is not intended to serve as legal, accounting, or tax advice. Moreover, tax rules and regulations often change. Readers are encouraged to consult with professional advisors for advice concerning specific matters before making any decision. The author disclaims any responsibility for positions taken by taxpayers in their individual cases.

 

 

 

 

 

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