Jeffrey Levine for MarketWatch writes: This rule limits the amount of times certain retirement funds can be
moved per year via a 60-day rollover (where retirement funds are
distributed to an account owner who returns them to another retirement
account within 60 days).
Breaking the rule can lead to severe tax consequences.
If you take a second distribution from your retirement account within a
year that can't be rolled over, not only can it become irrevocably
taxable but, if it's errantly "rolled over" to another retirement
account, you could end up paying a 6% excess contribution penalty for
each year the funds remain there.
The good news, though, is that if you know what you're doing, it's
pretty easy to avoid making once-per-year rollover mistakes. So with
that in mind, below are the key aspects of the rule you need to know so
you can avoid the costly tax mistakes that can ruin a retirement.
Moving money directly from one retirement account to another avoids the issue
Whenever you move money from one retirement account to another, it's generally best to do so
directly,
either by direct rollover or by transfer. In both scenarios, the key is that money is going
right
from one retirement account to the next. Generally, this is done by
having one IRA custodian or plan send your retirement funds directly to
another IRA or plan, bypassing you altogether. Doing so avoids a lot of
pretty lousy tax issues.
The most obvious tax trap avoided when moving money
directly
from one IRA to another is that there is no 60-day rule to worry about —
but another tax trap that's avoided is the once-per-year rollover rule.
When you move retirement account money
directly,
you can move the money as often as you like. You can transfer your
funds from one IRA custodian to another today, only to transfer them to
another custodian tomorrow. The same process can be repeated
indefinitely — but I wouldn't recommend it.
Keeping track of what financial institution holds your money shouldn't be a full-time job.
The rule only applies to IRA-to-IRA and Roth IRA-to-Roth IRA rollovers
The once-per-year rollover rule does not impact all 60-day rollovers
equally because the rule only impacts IRAs. More specifically, it
only
affects 60-day rollovers that are made from one traditional IRA to
another traditional IRA or those made from one Roth IRA to another Roth
IRA.
As a result, there are a number of rollovers that are completely exempt
from this rule. For instance, 60-day rollovers of plan funds rolled to
IRAs (either traditional or Roth) are exempt from this rule because the
funds are not coming
from
an IRA. The opposite is also true. IRA funds rolled within 60 days to a
company plan account are also exempt from the once-per-year rollover
rule because the funds are not
going
to an IRA. Similarly, 60-day rollovers of plan funds to another plan are also exempt, since neither account is an IRA.
Of greater value, however, for some IRA owners, is that a 60-day
IRA-to-Roth IRA rollover, which is one way to make a Roth IRA
conversion, is also exempt from this rule. As such, you can always make a
Roth whenever you want, without worrying about the once-per-year
rollover rule, whether that conversion is made by 60-day rollover or by
direct rollover (which is still generally the better option).
The rule applies on an account-by-account basis
If you make a 60-day rollover with some of your IRA money, you
may
still be able to make 60-day rollovers of other IRA money in the same
year. The once-per-year rollover rule applies to IRAs on an account by
account basis, so if you have multiple IRAs, you may have some
flexibility.
Once you make a 60-day IRA-to-IRA or Roth IRA-to-Roth IRA rollover, both
the distributing and receiving accounts are "tainted" for the following
year, preventing you from rolling over another distribution
taken
from either account. For instance, let's say you have three IRAs, IRAs
"A," "B" and "C." On July 1, 2013 you take a distribution from IRA "A"
and, within 60 days, roll those funds over to IRA "B." As a result, you
cannot rollover any distributions taken from IRAs "A" or "B" for the
12-month period beginning July 1, 2013. You could, however, take a
distribution from IRA "C" during that time and roll
it
over. Furthermore, the IRA "C" distribution can be rolled into any of
your IRAs. The one-rollover-per-year rule does not prevent IRA money
from being rolled
into
an account, just from being rolled
out of
an account.
There are a few other items worth noting here. First, it
is
possible to rollover a distribution back into the same IRA it came out
of. In such cases, there is only one "tainted" account to worry about,
since the distributing and receiving accounts are the same.
Another key point here is that the one-year clock for both the
distributing IRA and the receiving IRA are the same. The one-year clock
for both IRAs begins ticking on the day the funds are withdrawn from the
distributing account. It
does not
make a difference when, during the 60-day rollover window, the rollover
is completed. It has no bearing whatsoever on the one-year clock.
If you make a mistake, don't ask the IRS for help
Making a mistake with your retirement account is never a good idea, but
some mistakes are worse than others. For instance, there are some
mistakes which, with some time, money and a little luck, can be fixed.
Missing the 60-day rollover deadline is an excellent example of this.
Under the law, the IRS actually has the authority, through a private
letter ruling, or PLR, to grant an extension of this window when certain
circumstances permit.
On the other hand, there are some mistakes that generally can't be
fixed, such as those involving more than one rollover made in the same
year. Regardless of the circumstances that led to the mistake, the IRS
has no authority under the law to waive or adjust this rule.
The
only
way you
might
be able to fix such a mistake is if you catch it quickly and take
appropriate action. Quickly, in this case, means within 60 days of your
"bad" distribution. And what action do you take? Simply complete your
60-day rollover to a retirement account that is exempt from the
once-per-year rollover rule. For example, if you accidentally take a
second IRA distribution within the no-rollover period and catch your
mistake within 60 days, you can roll that distribution over to a plan
account (if you have one that accepts rollovers) or to a Roth IRA. In
either case, the rollover is not counted for the once-per-year rollover
rule.
You might be thinking to yourself, "But wait, if I roll the money over
to a Roth IRA, won't I still have to pay tax on the distribution?" The
answer, of course, is yes, but if you have to pay tax on the
distribution you planned on rolling over anyway, you might as well do it
getting the money into a Roth IRA where it can grow tax free. Plus, if
you really don't want to pay the tax, you can always recharacterize, or
undo, your conversion by October 15th of the year after you convert. You
can even recharacterize the next day because guess what? A
recharacterization of a Roth IRA conversion moves money from a Roth IRA
directly
back to a traditional IRA, so it's exempt from the once-per-year rollover rule too.
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