NAILBA Perspectives Spring 2020 | Page 42

LEGISLATION 300k 250k 200k 150k 100k Spendable 2035 2034 Tax 0k 50k Need Post-Secure Act from page 40 A common solution for tax-focused advisors is a Roth conversion. A Roth conversion is essentially paying taxes not to transfer money from a traditional, pre-tax IRA into a Roth IRA. A lesser balance in the traditional IRA lowers the eventual RMD from that account. Advisors who use this technique generally target the amount of conversion to level out the taxes before and after RMDs while avoiding situations where a conversion amount would push the client into higher brackets or create interactions with other income sources. Roth IRAs have several characteristics that may be advantageous for overfunded retirees and their beneficiaries. First, because the money goes in after tax, all growth is tax free, allowing a potentially long period of tax-free compounding. Second, there are no RMDs from Roth accounts during the original account owner’s lifetime, further increasing compounding. Finally, a beneficiary can inherit the account free of federal income tax. Prior to the SECURE Act of 2019, the beneficiary was forced to take RMDs based on life expectancy, allowing another 20+ years of potential tax-free growth. The ability to “stretch” a Roth IRA was truly a powerful planning tool. After the SECURE Act, the account must be emptied by the 10th year following the account holder’s death. This is a critical change. Prior to the SECURE Act, Roth conversions had a substantial advantage over life insurance 42 Perspectives Q2 2020 as a planning tool because although life insurance death benefits are tax free to the beneficiary, the beneficiary must the invest the proceeds somewhere, giving rise to the tax on growth that occurs during the beneficiary’s lifetime, compared to a much longer period of tax-free growth and withdrawals from the Roth. With the new 10-year limitation, the benefits of life insurance are now much closer to the Roth, particularly for clients with a conservative to moderate risk tolerance. For these clients, tax-deferred accumulation and tax-free withdrawals to basis and loans thereafter mimic the benefits of the Roth. A properly selected and structured life policy is likely to provide a reasonably similar internal rate of return to that of a mostly bond portfolio, particularly in rising interest rate environments. A need for protection against potential long-term care expenses can thus flip the advantage from the Roth to life insurance. In the event the beneficiary ends up with a similarly overfunded situation as the original owner, life insurance proceeds can be used to pay taxes on conversions of the beneficiary’s own IRA funds, following the same logic as the original account owner. Of course, all of this assumes that Roth tax treatment will stay constant in the future. It is not inconceivable that all beneficiary deferrals on Roth accounts could be eliminated, particularly because that elimination would have no direct adverse impact on the beneficiary, which would further reduce the Roth’s advantage.