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Question

Question re: strategy to avoid 10% penalty on roth conversion (assum use IRA funds to pay conversion tax, and IRA holder is less than 59.5) Thinking of this: - Start with Traditional IRA (T1); has $1000 in it. - Create another TIRA (T2) and move $350 into it...sufficient to later pay tax on the $1000. - In 2009, Elect 72T treatment of T2... and take more than the minimum. Take $140 per year, starting in 2009. This IRA will be sucked dry in 3 years (with a distribution of only $70 in year 3.) 2009-2011, the $350 of distributions will be partially offset by (say) $123k of associated taxes. So... - In 2010, convert T1 to Roth (R1). R1 has $650 in it. Taxes on conversion of $650 spread over 2 years... pmts made in 2011, 2012. Assume tax liab of conversion = $227... half/year. - 72T election started in 2009, with first 72t distribution in 2009. - Roth convet in 2010. In 2010, take 2nd 72T distn. And pay $114 conv tax. - Pay remaining $113 conv tx nxt yr Taxes paid, No penalty. OK?

Submitted: 18 days ago.
Category: Tax
Value: $15
Status: CLOSED

Accepted Answer

If you start taking distributions in accordance with IRC section the 72(t)(2)(A)(iv) from T2 then you cannot take more than the exact amount permitted under the applicable calculation method (either life expectancy, amortization or annuitization) or it will violate the 72T calculations and be subject to the 10% penalty. None of the methods allowed under 72(t)(2)(A)(iv) will permit the T2 account to be entirely dissipated within 3 years. So using this strategy will not avoid the 10% penalty.

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Expert: Bill
Pos. Feedback: 99.6 %
Accepts: 
Answered: 11/5/2009

Enrolled Agent

EA, QPA, CHFC, CEBS, CLU - 29 years experience providing financial advice

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