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Roth Conversion of IRA Can Make Social Security Income Taxable

As seniors near the age of 70½, they are faced with the government's requirement that they receive distributions from their Individual Retirement Accounts (IRAs). One popular tactic for avoiding these required distributions is rolling the IRA over into a Roth IRA. Doing this triggers a tax on the money transferred, but once it's in the Roth IRA, it can stay there tax-free indefinitely. This strategy can have benefits in the long run, but only if your circumstances are right. Such a transfer could have dire tax consequences for those with social security benefits. This is because proceeds from the conversion of a traditional IRA to a Roth IRA are considered income for the purpose of determining whether or not Social Security benefits are taxable. In an unfortunate 2002 case, a couple inadvertently rendered their previously untaxed Social Security income taxable with just such a transfer.

Robert and Sara Helm converted their IRAs to Roth IRAs, realizing over $85,000 of conversion income. They had anticipated this and elected to report the income on a 4-year ratable basis, reporting about $21,400 on their income tax returns. They did not report their Social Security benefits, which they figured would not be taxable. However, the IRS determined the benefits were taxable due to the extra income from the IRA conversions.

The Helms argued that because they had not actually received any money from the conversions, the amount of realized income should not be considered when determining whether or not their Social Security benefits were taxable. But the Tax Court disagreed, pointing out that for tax purposes, an amount converted from a traditional IRA to a Roth IRA is treated as a taxable distribution and qualified rollover and is included in gross income.

Remember, every circumstance is unique. If you own IRAs and aren't sure of the best course of action, please consult an estate planning professional. As this case painfully illustrates, even a small misunderstanding of the complexities of tax law can result in serious financial consequences.

Source: Helm v. Commr., Tax Ct. Sum. Op. 2002-138, 10-18-02

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