Life Events

02 Aug 2024

This Financial Guide gives you suggestions that can increase the sales price and reduce the frustrations involved in selling a home. It discusses how to find a good agent, how to make your home more attractive to buyers, how to negotiate effectively, and how to handle the moving process.

Here are some tips for getting the best possible price for your home and making the process as smooth as possible. By putting some time into choosing a real estate agent, for instance, you can avoid wasting unnecessary time on the market due to an ineffective or haphazard sales strategy. Further, there are actions you can take to make your home more saleable.


  • Finding A Good Real Estate Agent
  • Reviewing The Listing Agreement
  • Speeding Up The Selling Process
  • Negotiating Effectively
  • Planning Your Move
  • Getting Ready For the Move
  • Notifying People Of Your Move
  • Figuring The Tax
  • Agents’ Titles and What They Mean
  • Improvements That Help The Most
Finding A Good Real Estate Agent

To find a good real estate agent, gather a list of names of candidates you will interview. You may want to consider recommendations from colleagues, friends, and professionals, as well as names listed on posted “for sale” signs, especially for houses that have been sold. Once you have at least three names, schedule a telephone or in-person interview with the agent. You may encounter some resistance; if you run into a broker who refuses to take the time to answer your questions, just move to the next one.

TipTip: Although a popular practice in recent times (due to the savings on commissions paid to a broker), selling your own home without a broker is often more difficult unless you have a buyer in mind.

Be sure to ask potential agents the following:

  • What problems do you see in marketing our home? (The broker should be honest about potential problems in selling the home and able to think creatively about solutions.)
  • What would your plan be for marketing our home? What can we do to help you implement your plan? Listen carefully to the answer to find out whether the agent exhibits a willingness to think creatively in approaching whatever problems might exist with the selling process and whether he or she has a cooperative attitude.
  • Will you include any ideas you have for selling the home in a listing agreement if we decide to sign with you?
  • Where do you live? (You want a broker who lives nearby, who knows the good and bad points about your area.)
  • How much is your commission? (The average commission is 6 or 7 percent. Although brokers sometimes take a cut in their commissions during the negotiation process in order to move a sale along there is no point in trying to bargain down a broker’s commission at this point.)
  • Do you have a list of comparable homes? (Such a list is essential in helping you arrive at an asking price for your home.)

Reviewing The Listing Agreement

The listing agreement is a contract between the homeowners and the agent. It states how much the agent will be paid and what services will be provided.

An exclusive right-to-sell type of agreement gives the broker the exclusive right to sell your house for a limited period of time. Other types of listing agreements vary either the exclusivity or time period of the listing. No matter which of these agreements are signed, the listing agent gets 100 percent of the commission if he or she sells the house and part of the commission if another broker sells the house.

TipTip: Generally, try to limit an exclusive-right-to-sell agreement to a period of three months. This agreement will give the broker an incentive to sell the home, and it will still give you an out if you feel the broker is not doing enough for you. If you have substantial confidence in the broker, and you have seen and approved his or her plans for marketing the home, you may wish to sign a six month contract.
TipTip: If, at any time during the marketing process, you feel that your broker is not as effective as he or she could be, switch brokers. Do not waste time with a broker you have doubts about.

Speeding Up The Selling Process

There are various things you can do before and during the selling process to move it along and make it less onerous. A good real estate agent may suggest the following:

  • Make cosmetic improvements to get the house looking as good as possible. For instance, patch damaged plaster and drywall, repaint, and re-wallpaper. Spruce up the exterior by replacing broken shingles or shutters or doing some minor landscaping to give your home more “curb appeal”.
  • Increase your home’s appeal to a wider range of potential buyers. Repair or replace any part of your home that’s been modified that might not appeal to the general population.
  • Make your home cozy and inviting when potentials buyers come by. Make sure the interior and exterior are clean, neat, and well maintained. Have a fire burning in the fireplace, bake some cookies or an apple pie, or have a pot of coffee brewing. Put away toys and tools. Keep pets out of sight. Not everyone is as enamored of Fido as your family is. Try not to cook foods like fish with lingering odors.
  • Here are some ideas for working with your broker to speed up the sale of your home.
  • Offer a warranty. Sometimes offering a warranty on the roof, electrical system or appliances can speed up a sale or smooth the negotiating process, particularly if it’s causing buyers to balk at the asking price.
  • Create a home sale kit with your broker. A home sale kit consists of flyers that are distributed to potential home buyers and contain photos of your home’s exterior, interior, and surroundings. The sales flyer should also list major selling points and include information about utility costs, taxes, and a floor plan.
  • Do not help the broker show the home. Allow the broker to do his or her job. Make yourself available for questions, but do not try to help sell to potential buyers who are looking at your home.
  • Offer a bonus to your broker. A bonus shouldn’t be obvious to the buyer because the buyer will wonder if the house price has been bumped up to accommodate the real estate broker’s bonus. Instead, offer the bonus in the form of an increased commission, say 3.5 percent instead of 3 percent.
  • Take it off the market and re-list it later. If your house has been on the market for a long time, it may be perceived as undesirable. Taking it off the market and re-listing it at a later time sometimes helps.

Negotiating Effectively

Although it is the broker’s job to do the actual negotiating, the homeowners should stay involved in the process. Here are some tips for negotiating with buyers, once they have made their first offer.

  • Find out as much as possible about the potential buyer. Try to find out, for example, whether the buyer needs to buy a home quickly or is in a position to take plenty of time to negotiate. This will help you to decide what type of negotiating stance to take. Knowing details about the buyer’s family will help you point out how your home accommodates their needs. And, if you know that a buyer lives in an apartment and will need to buy appliances for their new home, then you can throw in deal sweeteners such as refrigerators, washer and dryers, and furnishings.
  • On the flip side, try to reveal as little as possible about your own situation.

One final piece of advice is to avoid being confrontational, which can kill a potential deal during the negotiation process. The offers you receive will likely be 10 to 15 percent below your asking price. Do not be offended by this or by any “low-balling” techniques engaged in by buyers. Be willing to make some concessions. Make counter-offers and try to bring the offer closer to your asking price. If you feel that an offer is unreasonable, however, you can always reject it outright and wait for another buyer.

Planning Your Move

Once you have signed the contracts, it is time to start planning the move. The closing date, which is generally your moving date, will fall about two months after the contracts are signed.

Hiring A Moving Company

One thing you should do immediately after the contracts are signed even though your moving date may be months away is to begin calling moving companies. Try to get recommendations from friends or colleagues. Call a number of movers for estimates. You will have to provide them with the number of miles involved in the move and the approximate weight of your belongings. The mover will help you in making this estimate. Do not use a mover whose estimate seems too low. The services provided may be second-rate. You get what you pay for!

Ask in advance about extra charges for heavy items, stairways, or pianos. Be aware that having the movers pack for you will increase your moving bill by about 30 percent. Also, you may pay a premium if you schedule your move during busy moving times, generally after the 25th of the month or before the 2nd.

Getting Ready For the Move

Right after you have scheduled your move, start taking care of the following items:

  • Start throwing away things you don’t want to bring with you.
  • Decide which items you are leaving behind for the new owners, and tag them appropriately.
  • If your move is job-related, ask whether your employer will reimburse you for part of the cost. Save any receipts relating to the move, since part of the cost will be deductible.
  • Start shopping for a new bank in your new neighborhood. Open a checking account once you have found one with competitive fees and convenient branches.
  • Get a change of address kit from the post office, and start notifying everyone of your impending change. Note that you will need to follow any instructions given by credit card companies, banks, and other institutions that are affected by a change of address; sending them a change-of-address card will generally not be effective.
  • Call the schools in the new area to enroll your children.
  • Obtain enough packing supplies from your mover, and begin packing, unless the mover will be doing the packing for you.
  • Get copies of your medical and dental records (and veterinary records), so you can hand these to your new doctors after you move.
  • Be sure your move is covered by insurance: either the moving company’s insurance or your homeowner’s insurance. Call your insurance company to determine whether the move is covered. Also, take care of transferring your homeowner’s insurance to the new home.

Then, as you get closer to the date of your move, take care of the following:

  • Call the utility companies and tell them to turn on service in the new place. Schedule a date when they will terminate service in the old place.
  • Pack your belongings in boxes. Mark each box with its intended location in the new home, and with a summary of its contents. When you are close to moving day, pack a separate bag with items you will need right away, such as medications, toiletries, and clothing.
  • Switch your direct payroll deposit, and any automatic payments, to your new checking account. You will have to fill out a form to accomplish this. Two or three days before you move, take the money out of your old account and transfer it to your new account.
TipTip: Leave the old account open until all outstanding checks have cleared. To avoid fees, you may need to leave in any minimum balance required. Be sure to leave your new address with the old bank.
  • If you are moving into an apartment building, discuss your moving plans with the landlord and make any necessary arrangements.
  • Shop for auto insurance in the new area (if moving out of state).
  • Confirm with the moving company. Write down directions to your new home.
  • Transfer your brokerage account to your new area.
  • Take valuables out of a safe deposit box and return the keys to the bank.
  • Obtain travelers’ checks to cover the expenses of your move, and a cashier’s check to pay the mover (unless they will accept a personal check).
  • Defrost your refrigerator.
  • Leave a mail-forwarding order with the Post Office.
  • On moving day, check your contract with the mover. Be sure the total cost of the move is clearly detailed. Make sure the moving date, location, and insurance information are correct.

Notifying People Of Your Move

Here is a list of people you should notify when you change your address and phone number. Although the list is not all-inclusive, it can be used as a starting point. You may need to notify these parties at both your old and new locations. Bear in mind that you may need to follow the instructions provided by banks, utilities, and credit card companies in order to effectively change your address. For instance, a phoned-in address change may not become effective with a lender if the lender’s policy is to require written address changes.

  • The IRS (use Form 8822) and state and local taxing authorities
  • The U.S. Post Office
  • Home, auto, and life Insurance agents
  • Debtors and creditors, such as mortgage holders, car lien holders, other lenders, and people who owe you money
  • Credit card companies
  • Publications
  • Clubs and services to which you subscribe such as auto clubs, lawn mowing services, cleaning services, and book clubs
  • The Social Security Administration
  • Any organization that periodically mails you a check, such as a pension check or veterans’ benefits
  • Banks
  • Employers
  • Doctors, dentists, veterinarians
  • Motor vehicle departments
  • Places of worship and non-profit agencies you are involved with
  • The registrar of voters
  • Utilities, telephone service, answering service, and trash collectors
  • Your professional advisors

Figuring The Tax

Your responsibilities do not end with the sale of the old home and the move to the new one. There are tax consequences, often complex, that need to be considered. How much is the gain? How much of it is taxable? How can you minimize the tax impact? Here, professional guidance is important.

Related Guide: To gain a better understanding of the tax consequences, please see the Financial Guide: SELLING YOUR HOME: How To Minimize The Tax On The Gain

Agents’ Titles and What They Mean

When looking for a real estate agent, you may come across the following commonly used titles. Here is a basic definition of each:

  • Principal broker: This is a person who is licensed to operate a real estate office. He or she may either work alone or employ other agents. Several years of experience are required to obtain this licensure. Anyone selling real estate must work under the supervision of a principal broker.
  • Realtor: A realtor is a member of the National Association of Realtors, along with a state realtors’ association and a local board of realtors. Realtors are bound by a code of ethics. They are able to access a local computerized database of homes for sale known as the multiple listing service (MLS).
  • Agent: This is the general term for any licensed professional in the real estate sales business.
  • Listing agent: A type of agent who signs up the home seller and lists the home with the multiple listing service.
  • Selling agent: An agent who finds a home for sale (through the multiple listing service) and finds a buyer for it.
  • Buyer’s agent: The buyer’s agent is employed by the broker selected by the buyer.
NoteNote: On a home sale, the listing agent and the selling agent split the commission with each other and with their principal brokers.

Improvements That Help The Most

The following improvements and additions may increase the resale value of your home. Of course, bear in mind that the value home buyers place on various improvements will vary regionally, and even from neighborhood to neighborhood. But the list might serve to give you some ideas.

  • Family room
  • Fireplace
  • Dining room
  • Linen closet
  • Garbage disposal
  • Wall-to-wall carpeting
  • Smoke detector
  • Two-sink vanity (bathroom)
  • Double-glass windows
  • Range hood and fan
  • Bathroom dressing area
  • Patio
  • New, stronger locks
  • Central air
  • Guest room
  • Bathroom exhaust fan


02 Aug 2024

This Financial Guide explains when and to what extent points paid on the purchase of a home or refinancing are deductible. It explains the rules for deducting points and discusses special circumstances and situations.


  • What Are Points?
  • Tests for Deductibility
  • Non-Deductible Amounts
  • Points Paid By Seller
  • Funds Provided Are Less Than Points
  • Excess Points
  • Points Paid on Second Home
  • Mortgage Ends Early
  • Points Paid on Refinancing
  • Limits on Home Mortgage Interest Affect Points
  • Form 1098
What Are Points?

For an explanation of the deductibility of home mortgage interest, please click here.

The term “points” is used to describe certain charges paid or treated as paid, by a borrower to obtain a home mortgage. Points may also be called loan origination fees, maximum loan charges, loan discount, or discount points.

Points are prepaid interest and may be deductible as home mortgage interest if you itemize deductions on Form 1040, Schedule A. Generally, if you can deduct all of the interest on your mortgage, you may be able to deduct all of the points paid on the mortgage. If your acquisition debt exceeds $750,000 for tax years 2018-2025 or your home equity debt exceeds $100,000, you cannot deduct all the interest on your mortgage, and you cannot deduct all your points.

A borrower is treated as paying any points that a home seller pays for the borrower’s mortgage. See “Points Paid by Seller,” later.

Tests for Deductibility

Generally, you cannot deduct the full amount of points in the year paid. Because they are prepaid interest, you generally must deduct them over the life (term) of the mortgage.

However, you can fully deduct points in the year paid if you meet all of the following tests.

  1. Your loan is secured by your main home (the one you live in most of the time).
  2. Paying points is an established business practice in the area where the loan was made.
  3. The points paid were not more than the points generally charged in that area.
  4. You use the cash method of accounting (the method used by most individual taxpayers).
  5. The points were not paid in place of amounts that ordinarily are stated separately on the settlement statement, such as appraisal fees, inspection fees, title fees, attorney fees, and property taxes.
  6. You use your loan to buy or build your main home.
  7. The points were computed as a percentage of the principal amount of the mortgage.
  8. The amount is clearly shown on the settlement statement (such as the Uniform Settlement Statement, Form HUD-1) as points charged for the mortgage. The points may be shown as paid from either your funds or the seller’s.
  9. The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged. The funds you provided do not have to have been applied to the points. They can include a down payment, an escrow deposit, earnest money, and other funds you paid at or before closing for any purpose. You cannot have borrowed these funds from your lender or mortgage broker.

Home improvement loan. You can also fully deduct in the year paid points paid on a loan to improve your main home if statements (1) through (5) above are true.

Non-Deductible Amounts

Amounts charged by the lender for specific services connected to the loan are not considered interest. Examples of these charges are:

  1. Appraisal fees
  2. Notary fees
  3. Preparation costs for the mortgage note or deed of trust
  4. Mortgage insurance premiums
  5. VA funding fees.

You cannot deduct these amounts as points either in the year paid or over the life of the mortgage.

Points Paid By Seller

The term “points” includes loan placement fees that the seller pays to the lender to arrange financing for the buyer. The seller cannot deduct these fees as interest. But they are a selling expense that reduces the seller’s amount realized. The buyer reduces the basis of the home by the amount of the seller-paid points and treats the points as if he or she had paid them. If all the tests explained earlier are met, the buyer can deduct the points in the year paid. If any of those tests are not met, the buyer deducts the points over the life of the loan.

Funds Provided Are Less Than Points

If you meet all the tests referred to earlier; except that the funds you provided were less than the points charged to you (test 9), you can deduct the points in the year paid, up to the amount of funds you provided. You can also deduct any points paid by the seller.

Example 1: When you took out a $100,000 mortgage loan to buy your home in December, you were charged one point ($1,000). You meet all the nine tests for deducting points in the year paid, except the only funds you provided were a $750 down payment. Of the $1,000 charged for points, you can deduct $750 in the year paid. You spread the remaining $250 over the life of the mortgage.

Example 2: The facts are the same as in the example above except that the person who sold you your home also paid one point ($1,000) to help you get your mortgage. In the year paid, you can deduct $1,750 ($750 of the amount you were charged plus the $1,000 paid by the seller). You must reduce the basis of your home by the $1,000 paid by the seller.

Excess Points

If you meet all the tests except that the points paid were more than generally paid in your area (test 3), you deduct in the year paid only the points that are generally charged. You must spread any additional points over the life of the mortgage.

Points Paid on Second Home

The general rule of instant deductibility does not apply to points you pay on loans secured by your second home. You can deduct these points only over the life of the loan.

Mortgage Ends Early

If you spread your deduction for points over the life of the mortgage, you can deduct any remaining balance in the year the mortgage ends. However, if you refinance the mortgage with the same lender, you cannot deduct any remaining balance of spread points. Instead, deduct the remaining balance over the term of the new loan.

A mortgage may end early due to a prepayment, refinancing, foreclosure, or similar event.

Example: Dan paid $3,000 in points in 2008 that he had to spread out over the 15-year life of the mortgage. He deducts $200 points per year. Through 2019, Dan has deducted $2,200 of the points. Dan prepaid his mortgage in full in 2019. He can deduct the remaining $800 of points in 2019.

Points Paid on Refinancing

Generally, points you pay to refinance a mortgage are not deductible in full in the year you pay them. This is true even if the new mortgage is secured by your main home.

However, if you use part of the refinanced mortgage proceeds to improve your main home and you meet the first five tests listed earlier; you can fully deduct the part of the points related to the improvement in the year paid. You can deduct the rest of the points over the life of the loan.

Example 1: In 1999, Bill Fields got a mortgage to buy a home. In 2019, Bill refinanced that mortgage with a 15-year $100,000 mortgage loan. The mortgage is secured by his home. To get the new loan, he had to pay three points ($3,000). Two points ($2,000) were for prepaid interest, and one point ($1,000) was charged for services, in place of amounts that ordinarily are stated separately on the settlement statement. Bill paid the points out of his private funds, rather than out of the proceeds of the new loan. The payment of points is an established practice in the area and the points charged are not more than the amount generally charged there. Bill’s first payment on the new loan was due July 1. He made six payments on the loan in 2019 and is a cash basis taxpayer.

Bill used the funds from the new mortgage to repay his existing mortgage. Although the new mortgage loan was for Bill’s continued ownership of his main home, it was not for the purchase or improvement of that home. For that reason, Bill does not meet all the tests, and he cannot deduct all of the points in 2019. He can deduct two points ($2,000) ratable over the life of the loan. He deducts $67 [($2,000 ÷ 180 months) x 6 payments] of the points in 2019. The other point ($1,000) was a fee for services and is not deductible.

Example 2: The facts are the same as in Example 1, except that Bill used $25,000 of the loan proceeds to improve his home and $75,000 to repay his existing mortgage. Bill deducts 25 percent ($25,000 ÷ $100,000) of the points ($2,000) in 2019. Therefore, his deduction is $500 ($2,000 x 0.25).

Bill also deducts the ratable part of the remaining $1,500 ($2,000 – $500) prepaid interest that must be spread over the life of the loan. This is $50 [($1,500 ÷ 180 months) x 6 payments] in 2018. The total amount Bill deducts in 2019 is $550 ($500 + $50).

Limits on Home Mortgage Interest Affect Points

You cannot fully deduct points paid on a mortgage that exceeds the limits on home mortgages for purposes of the home mortgage interest deduction.

Form 1098

The mortgage interest statement (Form 1098) you receive should show not only the total interest paid during the year but also your deductible points.

The statement will show the total interest you paid during the year. If you purchased a main home during the year, it also will show the deductible points paid during the year, including seller-paid points. However, it should not show any interest that was paid for you by a government agency.

As a general rule, Form 1098 will include only points that you can fully deduct in the year paid. However, certain points not included on Form 1098 also may be deductible, either in the year paid or over the life of the loan. See the earlier discussion of Points to determine whether you can deduct points not shown on Form 1098.


02 Aug 2024

This Financial Guide discusses the home mortgage interest deduction. It explains what tests must be met for interest on a home mortgage to be deductible and discusses the rules that apply in hybrid situations such as the business use of a home.


  • Deductibility of Home Mortgage Interest, In General
  • When Is Mortgage Interest Fully Deductible?
  • What Is “Secured Debt?“
  • What is a “Qualified Home?“
  • Hybrid Situations
  • Other Situations
  • Married Taxpayers
  • Special Rules
  • Mortgage Interest Statement (Form 1098)
Deductibility of Home Mortgage Interest, In General

For a discussion of the deductibility of points, please click here.

Generally, home mortgage interest is any interest you pay on a loan that is secured by your main home or by a second home. The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan.

You can deduct home mortgage interest as an itemized deduction only if you are legally liable for the loan. In other words, you cannot deduct payments you make for someone else if you are not legally liable to make them. Further, there must be a true debtor-creditor relationship between you and the lender.

And, finally, the mortgage must be a “secured debt” on a “qualified home.” These two terms are explained later.

When Is Mortgage Interest Fully Deductible?

In most cases, you can deduct all of your home mortgage interest. Whether it is all deductible depends on the date you took out the mortgage, the amount of the mortgage, and your use of the mortgage proceeds.

If all of your mortgages fit into at least one of the following three categories at all times during the year, you can deduct all of the interest on those mortgages. If one or more of your mortgages does not fit into any of these categories, you may be able to deduct part of the interest. The three categories are:

  • A mortgage you took out on or before October 13, 1987 (grandfathered debt).
  • A mortgage taken out after October 13, 1987, to buy, build, or improve your home (called home acquisition debt) but only if throughout the year these mortgages plus any grandfathered debt totaled $1 million or less. The limit is $500,000 if you’re married filing separately. Starting in 2018 (and extending through tax year 2025), the interest deduction is allowed for amounts up to $750,000 (previously $1 million) for married filers ($375,000 for married filing separate) in mortgage principal on homes. Existing mortgages are grandfathered in and homes entered into contract before December 15, 2017, and that are closed on by April 1, 2018, are able to use the prior limit of $1 million.
  • Home equity debt other than home acquisition debt taken out after October 13, 1987, up to a total of $100,000. The limit is $50,000 if you’re married filing separately. Home equity debt other than home acquisition debt is further limited to your home’s fair market value reduced by the grandfathered debt and home acquisition debt.

    Under the TCJA of 2017, to take the interest deduction, the loan must be used to buy, build or substantially improve the taxpayer’s home that secures the loan.

The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home.

What Is “Secured Debt?“

You can deduct home mortgage interest only if your mortgage is a secured debt. A secured debt is one in which you sign an instrument (such as a mortgage, deed of trust, or land contract) that:

  1. Makes your ownership in a “qualified home” security for payment of the debt,
  2. Provides, in case of default, that your home can be used to satisfy the debt, and
  3. Is recorded or is otherwise perfected under any state or local law that applies.

In other words, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. If you cannot pay the debt, your home can then serve as payment to the lender to satisfy the debt.

A debt is not secured by your home if it is secured solely because of a lien on your general assets or if it is a security interest that attaches to the property without your consent (such as a mechanic’s lien or judgment lien).

A debt is not secured by your home if it once was, but is no longer secured by your home.

wraparound mortgage is not a secured debt unless it is recorded or otherwise perfected under state law.

Beth owns a home subject to a mortgage of $40,000. She sells the home for $100,000 to John, who takes it subject to the $40,000 mortgage. Beth continues to make the payments on the $40,000 note. John pays $10,000 down and gives Beth a $90,000 note secured by a wraparound mortgage on the home. Beth does not record or otherwise perfect the $90,000 mortgage under the state law that applies. Therefore, that mortgage is not a secured debt, and the interest John pays on it is not deductible as home mortgage interest.

What is a “Qualified Home?“

To deduct home mortgage interest, the debt must be secured by a qualified home. This means your main home or your second home, but not a third home except as described below under “More than one second home.” A home is defined as a house, condominium, cooperative, mobile home, house trailer, boat, or similar property that has sleeping, cooking, and toilet facilities.

The interest you pay on a mortgage on a home other than your main or second home may be deductible if the proceeds of the loan were used for business, investment, or other deductible purposes. Otherwise, it is considered personal interest and is not deductible.

Main home. You can have only one main home at any one time. Generally, this is the home where you spend most of your time.

Second home. A second home is a home that you choose to treat as your second home.

Second home not rented out. If you have a second home that you do not hold out for rent or resale to others at any time during the year, you can treat it as a qualified home. You do not have to use the home during the year.

Second home rented out. If you have a second home and rent it out part of the year, you also must use it as a home during the year for it to be a qualified home. You must use this home more than 14 days or more than 10 percent of the number of days during the year that the home is rented at a fair rental, whichever is longer. If you do not use the home long enough, it is considered rental property and not a second home.

More than one second home. If you have more than one second home, you can treat only one as the qualified second home during any year. However, you can change the home you treat as a second home in the following three situations.

  1. If you get a new home during the year, you can choose to treat the new home as your second home as of the day you buy it.
  2. If your main home no longer qualifies as your main home, you can choose to treat it as your second home as of the day you stop using it as your main home.
  3. If your second home is sold during the year or becomes your main home, you can choose a new second home as of the day you sell the old one or begin using it as your main home.

Hybrid Situations

The only part of your home that is considered a qualified home is the part of your home that you use for residential living. If you use part of your home for other than residential living, such as for a home office, you must allocate the use of your home. You must then divide both the cost and fair market value of your home between the part that is a qualified home and the part that is not. These calculations may reduce or even negate your deduction.

Renting out part of home. If you rent out part of a qualified home to another person (tenant), you can treat the rented part as being used by you for residential living only if all three of the following conditions apply.

  1. The rented part of your home is used by the tenant primarily for residential living.
  2. The rented part of your home is not a self-contained residential unit having separate sleeping, cooking, and toilet facilities.
  3. You do not rent (directly or by sublease) the same or different parts of your home to more than two tenants at any time during the tax year. If two persons (and dependents of either) share the same sleeping quarters, they are treated as one tenant.

Office in home. If you have an office in your home that you use in your business, you may be entitled to deductions for the business use of your home, including the business part of your home mortgage interest.

Other Situations

You can treat a home under construction as a qualified home for up to 24 months, but only if it becomes your qualified home at the time it is ready for occupancy.

The 24-month period can start at any time on or after the day construction begins.

You may be able to continue treating your home as a qualified home even after it is destroyed in a fire, storm, tornado, earthquake, or other casualty. This means you can continue to deduct the interest you pay on your home mortgage, subject to the limits described in this guide.

You can continue treating a destroyed home as a qualified home if, within a reasonable period of time after the home is destroyed, you:

  1. Rebuild the destroyed home and move into it, or
  2. Sell the land on which the home was located.

This rule applies to your main home and to a second home that you treat as a qualified home. It also applies whether or not your home is in a federal disaster area.

You can treat a home you own under a time-sharing plan as a qualified home if it meets all the tests for a qualified home. If you rent out your timeshare, it qualifies as a second home only if you also use it as a home. To know whether you meet that requirement, count your days of use and rental of the home only during the time you have a right to use it or to receive any benefits from the rental of it.

Married Taxpayers

If you are married and file a joint return, your qualified home(s) can be owned either jointly or by only one spouse.

If you are married filing separately and you and your spouse own more than one home, you can each take into account only one home as a qualified home. However, if you both consent in writing, then one spouse can take both the main home and a second home into account.

If a divorce or separation agreement requires you or your spouse or former spouse to pay home mortgage interest on a home owned by both of you, the payment of interest may be alimony.

Special Rules

This section describes certain items that can be included as home mortgage interest and others that cannot. It also describes certain special situations that may affect your deduction.

Late payment charge on mortgage payment. You can deduct as home mortgage interest a late payment charge if it was not for a specific service in connection with your mortgage loan.

Mortgage prepayment penalty. If you pay off your home mortgage early, you may have to pay a penalty. You can deduct that penalty as home mortgage interest provided the penalty is not for a specific service performed or cost incurred in connection with your mortgage loan.

Sale of home. If you sell your home, you can deduct your home mortgage interest (subject to any limits that apply) paid up to, but not including, the date of the sale.

John and Peggy Harris sold their home on May 7. Through April 30, they made home mortgage interest payments of $1,220. The settlement sheet for the sale of the home showed $50 interest for a 6-day period in May up to, but not including, the date of sale. Their mortgage interest deduction is $1,270 ($1,220 + $50).

Prepaid interest. If you pay interest in advance for a period that goes beyond the end of the tax year, you must spread this interest over the tax years to which it applies. You can deduct in each year only the interest that qualifies as home mortgage interest for that year. However, there is an exception for points.

Mortgage interest credit. You may be able to claim a mortgage interest credit if you were issued a mortgage credit certificate (MCC) by a state or local government. If you take this credit, you must reduce your mortgage interest deduction by the amount of the credit.

Ministers’ and military housing allowance. If you are a minister or a member of the uniformed services and receive a housing allowance that is not taxable, you can still deduct your home mortgage interest.

Mortgage assistance payments. If you qualify for mortgage assistance payments under section 235 of the National Housing Act, part or all of the interest on your mortgage may be paid for you. You cannot deduct the interest that is paid for you.

Rental payments before real estate closing occurs. If you live in a house before final settlement on the purchase, any payments you make for that period are rent and not interest, and therefore not deductible. This is true even if the settlement papers call them interest.

Mortgage proceeds invested in tax-exempt securities. You cannot deduct the home mortgage interest on debt used to buy securities or certificates that produce tax-free income.

Refunds of interest. If you receive a refund of interest in the same year you paid it, you must reduce your interest expense by the amount refunded to you. If you receive a refund of interest deducted in an earlier year, you generally must include the refund in income in the year you receive it. However, you need to include it only up to the amount of the deduction that reduced your tax in the earlier year. This is true whether the interest overcharge was refunded to you or was used to reduce the outstanding principal on your mortgage.

Mortgage Interest Statement (Form 1098)

If you paid $600 or more of mortgage interest (including certain points) during the year, you will usually receive IRS Form 1098, Mortgage Interest Statement (Info Copy Only) from the mortgage holder, showing the amount of interest you paid.

You should receive the statement for each year by January 31 of the following year. A copy of this form is also sent to the IRS.


02 Aug 2024

Once you are ready to buy a home, you must be as informed as possible. This guide discusses how much money to save for a down payment, how to work with a real estate agent, how to negotiate, and what you need to know about closing on your new home – including fees and other costs.

Because home ownership is a substantial investment and a long-term commitment, it is important to become as knowledgeable as possible about the process of buying a home, including how much you need to save for a down payment, the process of finding the right home for you, negotiating the best possible deal, and the various aspects of closing.


  • Deciding How Much To Spend
  • Working With Your Real Estate Agent
  • Finding The Right Home
  • Negotiating The Selling Price
  • Arranging For The Mortgage
  • Inspecting The Home
  • Checklist of Home Needs
  • Renting Vs. Buying
Deciding How Much To Spend

Before deciding on the price range of the home you plan to buy, think about how much you want to pay out each month in mortgage payments. Use a mortgage calculator (online) to figure out what your payments would be, and try to make as large a down payment as possible to reduce your principal loan amount.

The Mortgage Payment

A mortgage payment consists of the mortgage loan payment (principal and interest), property taxes (in most cases), and homeowner’s insurance. It might also include private mortgage insurance if your down payment is less than 20 percent.

To get an estimate of the maximum mortgage amount, ask a real estate agent to help you get “pre-qualified” by a lender.

When deciding how much to borrow, be sure to take into account saving for your retirement, your financial goals, and your current lifestyle. Buying that particular home may not make financial sense if your monthly payments do not allow you to meet these needs.

The lender will set a maximum on how much you can borrow, but you use the maximum only as a starting point in deciding how much you will borrow. To avoid having your dream home turn into a nightmare, calculate how much you realistically can spend on the monthly mortgage payment. Do not forget to add in the real estate taxes and mortgage insurance.

Lenders will be happy to pre-qualify you by giving you a preliminary limit on the amount they would be willing to lend you. This pre-qualification is not a commitment on the lender’s part; lenders will not commit to a mortgage until they have the property appraisal and all of your supporting documentation, but the maximum loan amount they are willing to offer can be helpful for planning purposes.

The maximum debt is based on your income and debt level. It depends on current interest rates, the term of the mortgage, and the property taxes. Generally, the rule of thumb is that the maximum debt amount is usually about three times your annual gross income.

The Purchase Price

Having decided how much of a monthly mortgage payment you can realistically afford, you are now ready to set a price range for your new home. Give this range to potential real estate agents during your first visit, or use it to rule out homes that are out of your price range.

Planning Aid: See the Financial Calculator: How much house can I qualify for?

The Down Payment

Try to make as large a down payment as possible. There are two reasons for this: (1) lenders will generally not require you to pay for private mortgage insurance if you can come up with a 20 percent down payment, and (2) the sooner you pay off your mortgage, the better off you will be financially.

To save the 20 percent down payment, you may need to go on an “austerity plan” for a year or two. Many home buyers also use cash gifts or loans from family members to meet the 20 percent figure. If you cannot save 20 percent of the purchase price, you will still be able to get financing.

Working With Your Real Estate Agent

You can save time and trouble by knowing what to look for in a real estate agent. If your real estate agent is not doing their best to find you the home you want or is otherwise not meeting your expectations, don’t hesitate to make a change. Avoid staying in the relationship because you have invested time in it. Rather, get out as soon as you can. The real estate agent will cost you money, so make sure you are getting your money’s worth.

You can shop for and buy a home without an agent, but you will need to put in much extra time to do an agent’s work: search for properties, schedule appointments to see them, coordinate inspections, and negotiate. Home buyers who already have a property they want to buy are the best candidates to do the deal without an agent. Be aware that typically, on a home sale, the listing and selling agents split the commission with each other and their principal brokers.

Agents’ Titles and What They Mean

You may find the following commonly used titles when looking for a real estate agent. Here is a basic definition of each:

Principal broker: This is a person who is licensed to operate a real estate office. They may either work alone or employ other agents. Several years of experience are required to obtain this licensure. Anyone selling real estate must work under the supervision of a principal broker.

Realtor: A realtor is a member of the National Association of Realtors, along with a state realtors’ association and a local board of realtors. Realtors are bound by a code of ethics and have access to a local computerized database of homes for sale (multiple listing service).

Agent: This is the general term for any licensed professional in the real estate sales business.

Listing agent: A type of agent who signs up the home seller and lists the home with the multiple listing service.

Selling agent: An agent who finds a home for sale (through the multiple listing service) and finds a buyer for it.

Positive Traits to Look For in a Real Estate Agent

To find such a competent and experienced real agent, ask for references from recent clients in neighborhoods where you are house-hunting. That will help you determine whether the agent has the traits you want. Interview several candidates at different agencies and ask the following:

Is the Agent Full-Time?
Make sure the agent works in the field full-time. Otherwise, they may not be up-to-date on the fast-changing information and skills required for the job.

Is the Agent Experienced?
Be sure the agent has been doing the type of work you will need them to do for at least a few years. For example, if you are looking for a modest single-family home in the suburbs, make sure the agent has not spent the last five years handling mostly rentals or mansions.

Does the Agent Listen and Communicate Clearly?
The agent must be able to understand your priorities in purchasing a home and tell you what you need to know about a home. For instance, if you tell the agent repeatedly that you must have wood floors and a tree-lined neighborhood, and they persist in showing you linoleum floors on crowded streets, then get a new agent.

Is the Agent Willing to Negotiate For You?
To get the best home for your dollar, you will have to negotiate with the seller on the price. The agent plays a crucial role in the negotiation process between the buyer and seller. If they are not willing to show you houses that are 20 percent over your price range or to vigorously negotiate with the seller, find a new agent.

Is the Agent Careful In Their Work?
You need an agent who will cover all the details that go into buying a home. Someone who takes shortcuts to generate as many home sales as possible will not do you any good.

What Traits to Watch Out For

Here are some traits a good buyer’s real estate agent should not have. Most of them concern potential conflicts of interest that could arise with any commissioned salespeople. A commission salesperson’s goal is to see as many deals close as possible while putting in the minimum of hours. However, many agents still provide good service.

  • The agent who tries to push you into deciding before you are comfortable doing so is to be avoided.
  • Avoid agents who urge you to exceed your price range.
  • Avoid agents who push you to buy their agency’s listings over other properties or who push you to use the attorneys or inspectors they recommend.
  • Dishonest agents have been known to help the seller hide a defect or to look the other way. The only way to protect yourself from such deceit is to use an objective inspector.

Finding The Right Home

When searching for a home, you must remember to remain focused on what you want (and don’t want) in a home. You may want to keep a list of items important to you, such as the neighborhood’s location, building materials used in a home, and proximity to schools.

Do not take anyone’s word for it. Investigate for yourself. Visit schools, walk around the neighborhood, look under carpets to see what the floors are made of, and stay in the basement for a while to see how damp it is. You may also want to drive through the neighborhood after dark to see if it is a safe place to live.

To have a benchmark for comparing home prices, find out what the price per square foot is for the homes you are looking at. To find the price per square foot, divide the asking price by its square footage. Sources of a home’s square footage include the local tax assessment agency, the real estate agent, and the home builder. You should verify any statement that might be self-serving.

Negotiating The Selling Price

Buying a home requires negotiating skills because successful negotiation can often save you tens of thousands of dollars. Here are some tips to keep in mind when negotiating for your hoped-for home:

  • Be willing to walk away from a deal. If you decide you must have a certain house, you have already lost negotiating power. There are other good properties out there.
  • Learn everything you can about the property before making your offer. For instance, how long has it been on the market? Has the buyer dropped the asking price? Why is the owner selling? The answers to these questions will help you to negotiate.
  • Know what comparable homes are selling for.
  • If the seller refuses to budge on the price, try negotiating for something else. For instance, try to get the seller to pay for repairs or improvements you would have done yourself.
  • Don’t forget the real estate agent’s commission. It may also be negotiable.

Arranging For The Mortgage

When you and the seller finally agree upon a price and sign a contract, the next step (unless you’re paying cash or have arranged another type of loan) is to get a mortgage. Most home sales are contingent upon the buyer obtaining a mortgage.Getting the right mortgage is also important in that it too can result in savings of tens of thousands of dollars over the term of the mortgage. Because the discussion of mortgages is quite extensive, it is beyond the scope of this Financial Guide. Rather, it is covered in detail in other related Financial Guides such as:

Related Guide: Please see the Financial Guide: MORTGAGES ALTERNATIVES: How To Choose The Right One.

What is a Mortgage Service Provider?

A mortgage servicer collects your monthly payments and handles your escrow account. It also is required to give you an annual statement that details the activity of your escrow account. This statement shows your account balance and reflects property taxes and homeowners insurance payments.

When you apply for a home mortgage, you may think that the lender, or loan originator, will service the loan until it is paid off or your house is sold. This assumption is not always true. In today’s market, mortgage servicing rights often are bought and sold.

If you are notified that your home mortgage servicing has been sold to another company, you may wonder how it will affect your loan terms and monthly payments. Some consumers have complained that they were not given enough notice of loan servicing transfers and were unfairly charged late fees and penalties. The National Affordable Housing Act was passed to address some of these concerns.

To protect borrowers, the National Affordable Housing Act requires lenders or mortgage servicers (the company that borrowers pay their mortgage loan payments to) to do the following.

  • They must provide a disclosure statement that says whether the lender intends to sell the mortgage servicing immediately, whether the mortgage servicing can be sold at any time during the life of the loan, and the percentage of loans the lender has sold previously.
  • The lender also must provide information about servicing procedures, transfer practices, and complaint resolution.

They must notify you at least 15 days before they sell your loan unless you receive a written transfer notice at settlement. If your loan servicing is sold, you should receive two notices, one from the current mortgage servicer and one from the new mortgage servicer. The new servicer must notify you no more than 15 days after the transfer. The notices must include the following information:

  • The name and address of the new servicer
  • The date the current servicer will stop accepting mortgage payments and the date the new servicer will begin accepting them
  • Toll-free or collect call telephone numbers for both the current servicer and the new servicer that you can call for information about the transfer of service
  • Information about whether you can continue any optional insurance, such as credit life or disability insurance; what action you must take to maintain coverage; and whether the insurance terms will change
  • A statement that the transfer will not affect any terms or conditions of the contract you signed with the original mortgage company, other than terms directly related to the servicing of such loan

For example, if your old lender did not require an escrow account but allowed you to pay property taxes and insurance premiums, the new servicer cannot demand that you establish such an account. They must grant a 60-day grace period, in which you cannot be charged a late fee if you mistakenly send your mortgage payment to the old mortgage servicer instead of the new one.

If you believe you have been improperly charged a penalty or late fee, or there are other problems with servicing your loan, contact your servicer in writing. Include your account number and explain why you believe your account is incorrect.

Within 20 business days of receiving your inquiry, the servicer must send you a written response acknowledging your inquiry. Within 60 business days, the servicer must correct your account or determine its accuracy. The servicer must send you a written notice of what action it took and why.

If you believe the servicer has not responded appropriately to your written inquiry, contact your local or state consumer protection office. You can also send your complaint to the FTC. Or, you may want to contact an attorney to advise you of your legal rights. Under the National Affordable Housing Act, consumers can initiate class action suits and obtain actual damages, plus additional damages, for a pattern or practice of noncompliance.

Do not subtract any disputed amount from your mortgage payment. Many mortgage services will refuse to accept partial payments. They may return the check and charge a late fee or declare the mortgage is in default and start foreclosure proceedings.

Inspecting The Home

The home inspection is an objective visual examination of the physical structure and systems of the house from the roof to the foundation. The purchase of a home is probably the largest single investment you will ever make. Therefore, you should learn as much as you can about the condition of the property and the need for any major repairs before you buy so that you can minimize unpleasant surprises and difficulties afterward.A home inspection will also point out the positive aspects of a home and the maintenance that will be necessary to keep it in good shape. After the inspection, you will have a much clearer understanding of the property you are about to purchase and will be able to make a confident buying decision.The standard home inspector’s report will include the following: An evaluation of the condition of the home’s heating system. Central air conditioning system (temperature permitting). Interior plumbing and electrical systems. The roof, attic, and visible insulation. Walls, ceilings, floors, windows, and doors. The foundation and basement. The visible structure. If problems or symptoms are found, the inspector will refer you to the appropriate specialist or tradesperson for further evaluation.

Cost

The inspection fee for a typical one-family house varies geographically, as does the cost of housing. Similarly, within a given area, the inspection fee may vary depending on the size of the house, particular features of the house, its age, and possible additional services, such as septic, well, or radon testing.

Check local prices on your own. Do not let cost be a factor in deciding whether or not to have a home inspection or in the selection of your home inspector. The knowledge gained from an inspection is well worth the cost, and the lowest-priced inspector is not necessarily a bargain. The inspector’s qualifications, including experience, training, and professional affiliations, should be the most important consideration.

Why You Can’t Just “Do It Yourself”

Even the most experienced homeowner lacks the knowledge and expertise of a professional home inspector who has inspected hundreds, perhaps thousands, of homes. An inspector is familiar with all home construction elements, proper installation, and maintenance. The inspector understands how the home’s systems and components are intended to function together, as well as how and why they fail.

Further, most buyers find it difficult to remain completely objective and unemotional about the house they want, which may affect their judgment. For the most accurate picture, obtaining an impartial third-party opinion from an expert in the home inspection field is best.

How to Find a Home Inspector

The best source of recommendations is a friend or business acquaintance who has been satisfied with a home inspector they have used. Real estate agents are also generally familiar with home inspectors and should be able to provide you with a list of names from which to choose.

Whatever your referral source, ascertain the home inspector’s professional qualifications, experience, and business ethics before making a selection. You can do this by checking with your local Better Business Bureau as well as by verifying the inspector’s membership in a reputable professional association such as the American Society of Home Inspectors.

When Do You Call In the Home Inspector?

A home inspector is typically called right after the contract or purchase agreement has been signed. You don’t need to be present for the inspection, but it is recommended. By following the home inspector around the house, observing, and asking questions, you will learn a great deal about the home’s condition, how its systems work, and how to maintain it. You will also find the written report easier to understand if you’ve seen the property first-hand through the inspector’s eyes.

Before you sign, be sure that there is an inspection clause in the contract, making your purchase obligation contingent upon the findings of a professional home inspection. This clause should specify the terms to which both the buyer and seller are obligated.

What if the Report Reveals Problems?

No house is perfect. If the inspector finds problems, it does not necessarily mean you should not buy the house, only that you will know in advance what to expect. A seller may be flexible with the purchase price or contract terms if major problems are found. If your budget is very tight, or if you do not wish to become involved in future repair work, this information will be extremely important to you.

What if you find problems after you move in? A home inspection does not guarantee that problems will not develop after you move in. However, if you believe a problem was already visible at the inspection and should have been mentioned in the report, your first step should be to call and meet with the inspector to clarify the situation. Misunderstandings are often resolved in this manner. If necessary, you might wish to consult with a local mediation service to help you settle your disagreement.

Though many home inspectors today carry Errors & Omissions liability insurance, litigation should be considered a last resort. It is a difficult, expensive, and by no means foolproof recovery method.

Checklist of Home Needs

For each home you are considering, bring a copy of the following list and fill it in. This form will enable you to record all the homes you visit and compare their features. You may be able to fill in much of the information from the multiple listing service sheets your real estate agent provides. Write down the size, materials, and any other comments you have about each item.

General:________________
Address:________________
Date of visit:________________
Asking price:________________
Square footage________________
Price per square foot________________
Financing available (FHA, VA, other)________________
________________
Interior:________________
Number of bedrooms:________________
Number of baths:________________
Location of sunrise:________________
Size of master BR:________________
Size of 2nd BR:________________
Size of 3rd BR:________________
Size of 4th BR:________________
Size of 5th BR:________________
Size of master closet:________________
Size of 2nd closet, location:________________
Size of 3nd closet, location________________
Size of master bath:________________
Size of 2nd bath, location:________________
Size of 3rd bath, location:________________
Size of kitchen, location:________________
Size of DR, location:________________
Size of living room, attributes:________________
Other rooms, size, and attributes:________________
Appliances (number, condition):________________
Attic, attic vents:________________
Basement:________________
Ceiling fans:________________
Ventilation:________________
Garage, adequacy:________________
Garage, door opening convenience:________________
Fireplace(s):________________
Cost of utility bills (ask homeowner):________________
Floors (material, condition):________________
Heating/AC:________________
Insulation:________________
Humidity, mildew:________________
Lead-based paints:________________
Plumbing:________________
Radon:________________
Security:________________
Stairs:________________
Wallpaper/wallcoverings:________________
Windows:________________
Wiring:________________
________________
Exterior:________________
Year of construction:________________
Comments about exterior, siding:________________
Deck/porch:________________
Doors (ext.):________________
Windows:________________
Foundation:________________
Grading, drainage:________________
Lot size:________________
Landscaping, yard:________________
Roof:________________
Driveway:________________
Septic system:________________
Swimming pool:________________
Trees:________________
________________
Neighborhood:________________
Overall comment:________________
Accessibility during bad weather:________________
Nearby properties (use of property and comments on neighbors):________________
________________
Driving time to:________________
Work:________________
Bus/train:________________
Airport:________________
School:________________
Place of worship:________________
Highways:________________
Day care:________________
Noise levels:________________
Proximity of police, firefighters:________________
Privacy:________________
School district:________________
Restrictions (e.g., on landscaping):________________
Security:________________
Flood, earthquake, other disasters likely:________________
Garbage removal:________________

Renting Vs. Buying

Other than whether you can afford a new home, here are some additional factors that you should consider when deciding whether to rent or buy:

  • Home ownership is a less valuable investment when home prices are down. Of course, owning a principal residence is not just an investment
  • When comparing the costs of renting against the costs of owning, factor in the valuable income tax deductions available for mortgage interest payments
  • You may not have to pay tax on the capital gain when you sell your principal residence
  • In a period of high-interest rates, owning a home is more costly
  • Those who frequently move, every four years or less, for example, are often better off renting than buying


02 Aug 2024

This Financial Guide gives you a framework for deciding whether leasing a car makes sense for you. It explains the meaning of various lease provisions, as well as the initial, ongoing and final costs of leasing. Finally, it gives you the information you need to negotiate the best possible lease.

Will you save money leasing a car instead of buying one? It depends on (1) what kind of deal you strike with the dealer, (2) how many miles you drive a year, (3) how much wear and tear you put on a car, and (4) what you will use the car for (i.e. personal or business use).

In order to decide whether to lease or buy, you need to consider all of the factors involved in both leasing and buying such as:

  1. Initial expenses
  2. Ongoing costs
  3. Final costs
  4. Option rights
  5. Whether you are able to deduct any or all of the costs of the car for business use
  6. Whether having an ownership interest in the car is of overriding importance to you

This Guide also contains a list of questions to use when negotiating with the dealer to ensure that you don’t neglect to ask about any charges or lease terms that might enter into your analysis.


  • How Leasing Works
  • Determining Your Costs
  • Option Rights
  • Questions To Ask Before You Sign
  • Other Factors To Consider
  • External Sites
  • Government and Non-Profit Agencies
How Leasing Works

There are two types of lease arrangements: closed-end (“walk-away”) and open-end (finance). Here’s how they work:

Closed-End Leases: The Dealer Bears the Risk Of Depreciated Value

When a closed-end lease is up, you bring the car back to the dealership and “walk away.” the car must be returned with only normal wear and tear, and at or less than the mileage limit stated in your lease. Since the dealer, and not you, is bearing the risk that the value of the car at the end of the lease will go down, your monthly payment is generally higher than with an open-end lease.

Open-End Leases: You Bear the Risk of Depreciated Value

With an open-end lease, you bear the risk that the car will have a certain value, called the estimated residual value, at the end of the lease. In this case, the monthly payment is lower.

When you return the car at the end of the lease, the dealer will have the car appraised. If the car’s appraised value is equal to the estimated residual value in the agreement, you won’t need to pay anything at the end of the lease term. Under some contracts, you can even receive a refund if the appraised value is greater than the residual. If the appraised value is less than the residual value, however, you may have to pay all or part of the difference.

If you disagree with the value arrived at by the appraiser, you may choose to have an independent appraisal made at your own expense, and then try to negotiate an agreement with the dealer as to the residual value. Try calling other dealerships to find an independent appraiser or a vehicle appraisal service.

Determining Your Costs

Your total cost of your lease includes:

  1. Initial expenses
  2. Continuing costs
  3. Final costs
  4. Option costs (if any)

The amount of money that a dealer can collect at the end of the lease period is regulated under the federal Consumer Leasing Act (CLA). The CLA states dealers cannot collect more than three times the average monthly payment, except as follows:

  • The vehicle has unreasonable wear and tear or the mileage is greater than that specified in the lease
  • You agreed to pay an amount greater than specified in the original contract
  • The lessor wins a lawsuit in which they asked for a greater amount

The dealer also has the option of selling the car at the end of the lease term. If the car is sold for less than the residual value stated in your leasing contract, you could be obligated to pay as much as three monthly payments to make up the difference.

Although dealers will generally not risk the goodwill of their customers and sell leased cars for less than the residual value just to move the car quickly, during the negotiations phase you may want to include the right to approve the final sales price of the leased vehicle as part of your lease agreement.

Your Initial Lease Expenses

The first step in deciding whether to lease or buy is to find out what your initial (upfront) expenses are. This figure is part of the total dollar amount that you will use to compare with the cost of buying with leasing a vehicle.

Initial costs are the down payment you must come up with when you lease a car and include the security deposit, first and last lease payments, capitalized cost reductions, sales taxes, title fees, license fees, and insurance. With a lease, the initial costs usually total less than the down payment typically needed to buy a car. Further, all initial costs are subject to negotiation during the bargaining period with the dealer.

As mentioned previously, the federal CLA requires the lessor to disclose all up-front, ongoing, and final costs in a standard, easy-to-read format.

Security deposit. The lessor is allowed to keep the security deposit if you owe money at the end of your lease or if you missed a monthly payment. The security deposit can also be used by the dealer to cover any damage to the car or mileage that is in excess of the limit specified in the lease. If you do not owe any money on the lease at the end of the term, your security deposit is returned to you.

First and last lease payments. The first and last months’ payments are usually required to be put down at the beginning of the lease agreement. Under some agreements, the last payment might be waived if you have a good credit rating–so be sure to ask about this.

Capitalized cost reduction. This is similar to a down payment. The dealer may ask you to put a certain amount of money down before leasing. The amount of the capitalized cost reduction varies with the business custom prevalent in that specific geographic area and the credit rating of the customer. The larger the down payment, the smaller the monthly payment under the lease typically is. However, most people who want to lease instead of buy don’t want to put down a large down payment, and the lack of a down payment is one of the major advantages of leasing.

Trading in your old car can reduce your down payment and/or your monthly payments.

Sales tax, title fees, and license fees. The CLA requires the dealer to disclose sales tax, title and license fees in writing. It also requires the dealer to tell you what type of insurance coverage is required. In addition, some states apply a “use” tax, which is similar to a sales tax, but is added to each monthly payment.

Ongoing Lease Costs

Next, you must determine what the ongoing costs of leasing are. Typically, these include monthly payments, and repairs and maintenance.

Similar to a loan, the monthly lease payment is dependent on the term of the lease, the initial “purchase price” of the vehicle and the implicit interest rate. Unlike a loan, another important factor is the “lease-end” or “residual” value. This is the expected value at the end of the lease term.

In a lease situation you are, in effect, paying for the difference between the initial purchase price and the residual value. You should negotiate the best possible (lowest) purchase price. This will lower your cost of leasing the vehicle. If this is a closed-end lease and you do not intend to purchase the car at the end of the lease term, you should also try to negotiate a higher residual value

If you walk into a dealership and ask to lease a car, they will often try to base the lease on the Manufacturer’s Suggested Retail Price (MSRP). You would never pay this sticker price to purchase a car for cash, and you should not do so in a lease situation. First, negotiate the lowest possible price on the vehicle, and then negotiate the lease terms.

For example, assume a car has an MSRP of $36,955 (and the lease provides for a term of 36 months, an implicit interest rate of 6.67 percent and a residual value of $25,895). Based on this MSRP, the monthly lease payment would be $481.50, excluding sales/use tax, licenses, etc. The invoice (dealer) cost on the same vehicle is $32,469 (see Info Sources at the end of this Guide to find out how to get this information.) If you negotiated a price between MSRP and invoice, say $34,750, the lease payment would be reduced to $416.00.

In some cases professional guidance might be helpful in comparing the continuing costs of buying.

Planning Aid: For additional information on buying and leasing a car, including insider tips and new car information, please see The National Vehicle Leasing Association and Edmunds.

Purchasing the same car at the negotiated price under the same terms with no down payment would result in significantly higher monthly payments of $1067.74.

The CLA requires dealers to disclose the total number of payments, the amount of each payment, the total amount of all payments, and the due date or schedule of payments. There is usually a penalty for late payment, which the lessor must disclose to you as well.

The expenses of operating your vehicle should also be taken into account. As part of your negotiations, try to make the repair and maintenance one of the terms of your lease.

  • In a “maintenance lease”, the dealer assumes the maintenance expenses. Conversely, in a “non-maintenance lease,” the customer assumes these expenses. If the dealer is to provide repair and maintenance, you will have to bring the car to the dealership in accordance with the manufacturer’s suggested schedule in order to keep the warranty coverage.

    Even if you have to pay for repair and scheduled maintenance, you usually have to observe the manufacturer’s scheduled maintenance in order not to jeopardize warranty coverage.

  • The lease may contain a “budget maintenance” provision, authorizing the dealer to collect a set amount from you each month for maintenance. If maintenance expenses are incurred, the dealer deducts them from your maintenance account. At the end of the lease, you’ll either have to make up the difference or, you’ll get a refund if you’ve deposited more than was used. If you would like extended warranty coverage, some dealers offer it at extra cost.

Lease agreements often require that a minimum level of insurance be maintained on the vehicle. You should consider whether your continuing insurance costs are higher on a lease than on an outright purchase. Also, watch out for lease provisions where the lessor will purchase the insurance and bill you for the amount. This can be more costly than if you arrange the insurance yourself.

Your Final Costs

  • Excess mileage charges
  • Default charges
  • Excessive wear and tear charges
  • Disposition charges

Excess mileage charges. Mileage limitations usually occur with a closed-end lease. If you have gone over the allowable mileage at the end of your lease, you will have to pay a fee. With an open-end lease, although there is no penalty, if you exceed the mileage limit the appraised value at the end of the lease term will usually be lower.

Consider carefully whether the mileage allowance is enough. Make some calculations of the miles you have driven per week, month, and year to find out whether the mileage allowance is sufficient. Be aware that the low-mileage lease deals currently popular in certain areas offer mileage limits that are insufficient for many people. If you think you need more than the allowable mileage, negotiate a larger mileage allowance in your lease.

If you stay under the mileage limit, you don’t get a refund.

Default charges. These cover any payments or security deposits that the dealer does not receive from you and legal fees and costs the dealer incurs to repossess the car.

Excessive wear and tear charges. You’ll have to pay charges for excessive wear and tear when you return the car at the end of the lease unless the contract reads otherwise. The dealer must tell you in writing the specific definition of excessive wear and tear. Generally, it means anything beyond normal mechanical or physical usage.

Disposition charges. These are the costs of cleaning the car, giving it a tune-up, and doing final maintenance. If the agreement does not state otherwise, the dealer may pass these costs on to you.

Option Rights

Your option rights include the right to (1) purchase, (2) extend or renew, and (3) early termination.

Purchase Option. Your lease may include the option to purchase the car at the end of the lease term. This option is usually found in open-end rather than closed-end leases. Under the CLA, the dealer must tell you the estimated residual value of the car and the formula that will be used to determine your purchase price at the end of the lease.

If you think you might want to buy the car, be sure the purchase option is in your lease before you sign it; otherwise you’ll have to renegotiate later, at which time you may have less bargaining power.

Renewal Option. You should negotiate the right to extend or renew as part of your lease. Sometimes the lessor will reduce your cost if he knows you might want an extension of the contract.

Early Termination Option. If you terminate your lease after, say, 36 months on a 48-month lease, you will have to pay an extra charge, based on the difference between the residual value of the car at that time and the estimated residual value at the end of the lease term (stated in the contract). The difference between these two may be great. In most lease agreements, you must keep the car at least 12 months.

The CLA requires that the dealer tell you before you sign the contract whether you can terminate early, and the cost of early termination.

Look for a premature termination clause, which provides for termination prior to the end of the lease term.

Questions To Ask Before You Sign

Here is a list of questions you may want to ask the dealer before you enter into a car lease:

  • What kinds of leases are available and what are the differences? The two main types of leases have already been explained here, but dealers may have variations.)
  • What will my initial costs of leasing be?
  • What will my continuing costs of leasing be?
  • Will a trade-in decrease my initial cost or continuing costs?
  • What happens if I exceed the mileage limit specified in my lease?
  • How will my mileage allowance be enforced if I take an early termination or a purchase option?
  • Can I sublease if I fall behind in my payments or want to stop leasing?
  • What happens if I want to terminate my lease before the agreement is up?
  • What are my options at the end of my lease?
  • What costs and charges can I expect to pay at the end of the lease?

Other Factors To Consider

There are a number of other factors that come into play in the lease-vs.-buy analysis:

  • When you buy a car, every monthly payment increases your equity. You’ll end up with a car (of depreciated value) you can either sell or keep. In leasing you get no equity; the monthly payment is more like paying rent. You don’t own the car at the end of the lease though you may have the option to buy if that is included in your lease agreement.

With leasing, you can invest the money you would have used for the down payment. If you use the car for business, whether you lease or buy, you can deduct some or all of the cost of the car subject to current IRS rules.

  • Because they aren’t considered “debt”, leasing contracts typically aren’t listed on a loan application; leaving your credit free for other loans.
  • Leasing a car is convenient and frees up cash you wouldn’t have available if you bought a car since the initial costs can be lower.

External Sites

  • Edmunds provides comprehensive information on entire leasing process.
  • Independent Car Ratings, detailed buying advice, and a comparison of buying vs. leasing is offered by Consumer Reports Online.
  • Kelley Blue Book provides a variety of information about automobiles.
  • MSN Autos offers prices and previews, new car reviews, Kelly blue book values, and virtual auto shows.

Government and Non-Profit Agencies


02 Aug 2024

Several different types of retirement plan – 401(k), defined benefit, and profit-sharing – can be made to suit a prosperous small business or professional practice. But if yours is a really small business such as a home-based, start-up, or sideline business, maybe you should consider adopting a SIMPLE IRA plan.

A SIMPLE IRA plan is a type of retirement plan specifically designed for small business and is an acronym for “Savings Incentive Match Plans for Employees.” SIMPLE IRA plans are intended to encourage small business employers to offer retirement coverage to their employees but work just as well for self-employed persons without employees.

SIMPLE IRA plans contemplate contributions in two steps: first by the employee out of salary, and then by the employer, as a “matching” contribution (which can be less than the employee contribution). Where SIMPLE IRA Plans are used by self-employed persons without employees – as IRS expressly allows – the self-employed person is contributing both as employee and employer, with both contributions made from self-employment earnings.

One form of SIMPLE IRA plan allows employer contributions without employee contributions. The ceiling on contributions, in this case, makes this SIMPLE IRA Plan option unattractive for self-employed individuals without employees.

To establish a SIMPLE IRA Plan you:

  • Must have 100 or fewer employees.
  • Cannot have any other retirement plans.
  • Employees must earn $5,000 a year.

And, here is a quick list of pros and cons:

  • Plan is not subject to the discrimination rules that everyday 401(k) plans are.
  • Employees are fully vested in all contributions.
  • Straightforward benefit formula allows for easy administration.
  • Optional participant loans and hardship withdrawals add flexibility for employees.
  • No other retirement plans can be maintained.
  • Withdrawal and loan flexibility adds administrative burden for the employer.


  • How Much You Can Put in and Deduct
  • Withdrawal: Easy, but Taxable
  • A SIMPLE IRA Plan
  • What’s Not So Good about SIMPLE IRA Plans
  • How to Get Started in a SIMPLE IRA Plan
  • Keoghs, SEPs and SIMPLE IRA Plans Compared
How Much You Can Put in and Deduct

Those with relatively modest earnings will find that a SIMPLE IRA Plan lets them contribute (invest) and deduct more than other plans. With a SIMPLE IRA Plan, you can put in and deduct some or all of your self-employed business earnings. The limit on this “elective deferral” is $15,500 in 2023 ($14,000 in 2022).

If your earnings exceed that limit, you could make a modest further deductible contribution – specifically, your matching contribution as an employer. Your employer contribution would be three percent of your self-employment earnings, up to a maximum of the elective deferral limit for the year. So employee and employer contributions for 2023 can’t total more than $31,000 ($15,500 maximum employee elective deferral, plus a maximum $15,500 for the employer contribution.)

Catch up contributions. Owner-employees age 50 or over can make a further deductible “catch up” contribution as employee of $3,500 in 2023 ($3,000 in 2022).

An owner-employee age 50 or over in 2023 with self-employment earnings of $40,000 could contribute and deduct $15,500 as employee plus an additional $3,500 employee catch up contribution, plus a $1,200 (3 percent of $40,000) employer match, for a total of $20,200.

Low-income owner-employees in SIMPLE IRA Plans may also be allowed a tax credit up to $2,000 in 2023 for single filers ($4,000 married filing jointly). This is known as the “Saver’s Credit” and income in 2023 must not be more than $73,000 for married filing jointly, $36,500 for singles and $54,750 for heads of household.

SIMPLE IRA plans are an excellent choice for home-based businesses and ideal for full-time employees or homemakers who make a modest income from a sideline business.

If living expenses are covered by your day job (or your spouse’s job), then you would be free to put all of your sideline earnings, up to the ceiling, into SIMPLE IRA plan retirement investments.

An individual 401(k) plan, however, could allow you to contribute more, often much more, than SIMPLE IRA Plan. For example, if you are less than 50 years old with $50,000 of self-employment earnings in 2023, you could contribute $15,500 to your SIMPLE IRA PLAN plus an additional 3 percent of $50,000 as an employer contribution, for a total of $17,000. A 401(k) plan would allow a $35,000 contribution.

Withdrawal: Easy, but Taxable

There’s no legal barrier to withdrawing amounts from your SIMPLE IRA Plan, whenever you please. There can be a tax cost, though: Besides regular income tax, the 10 percent penalty tax on early withdrawal (generally, withdrawal before age 59 1/2) rises to 25 percent on withdrawals in the first two years the SIMPLE IRA Plan is in existence.

A SIMPLE IRA Plan

A SIMPLE IRA Plan really is a “simple” plan to set up and operate than most other plans. Contributions go into an IRA that you set up. Those already familiar with IRA rules investment options, spousal rights, and creditors’ rights don’t have a lot new to learn.

Requirements for reporting to the IRS and other agencies are negligible, at least for you, the self-employed person. Your SIMPLE IRA Plan’s trustee or custodian, typically an investment institution, has reporting duties and the process for figuring the deductible contribution is a bit simpler than with other plans.

What’s Not So Good about SIMPLE IRA Plans

Other types of retirement plans are often better than the SIMPLE IRA Plan once self-employment earnings become significant. Other not-so-good features include the following:

Because investments are through an IRA, you’re not in direct control. You must work through a financial or other institution acting as trustee or custodian, and will in practice have fewer investment options than if you were your own trustee, as you could be in a Keogh. For many self-employed individuals, however, this won’t be an issue. In this respect, a SIMPLE IRA Plan is like the SEP-IRA.

Other plans for self-employed persons allow a deduction for one year (say 2023) if the contribution is made the following year (2024) before the prior year’s (2023) return is due (April 2024 or later with extensions). This rule applies to SIMPLE IRA Plans, for the matching (3 percent of earnings) contribution you make as an employer. But there’s no IRS pronouncement on when the employee’s portion of the SIMPLE IRA Plan is due where the only employee is the self-employed person. Those who want to delay contribution would argue that they have as long as it takes to compute self-employment earnings for 2023 (though not beyond the 2023 return due date, with extensions).

The sooner your money goes in the plan, the longer it’s working for you tax-free. So delaying your contribution isn’t the wisest financial move.

You can’t set up the SIMPLE IRA Plan after the year ends and still get a deduction for that year, as is allowed with SEPs. Generally, to make a SIMPLE IRA Plan effective for the year it must be set up by October 1 of that same year. A later date is allowed where the business is started after October 1. In this instance, the SIMPLE IRA Plan must be set up as soon thereafter as administratively feasible.

Then there’s a problem if the SIMPLE IRA Plan is intended for a sideline business and you’re already in a 401(k) plan in another business or as an employee. In this scenario, the total amount you can put into the SIMPLE IRA Plan and the 401(k) plan combined can’t be more than $22,500 in 2023 or $30,000 total if catch-up contributions of $7,500 are made to the 401(k) if age 50 or older.

Here’s an example: If someone who is less than age 50 puts $12,500 in her 401(k), they can’t put more than $10,000 in their SIMPLE IRA Plan in 2023. The same limit applies if you have a SIMPLE IRA Plan while also contributing as an employee to a “403(b) annuity” (typically for government employees and teachers in public and private schools).

How to Get Started in a SIMPLE IRA Plan

You can set up a SIMPLE IRA Plan on your own by using IRS Form 5304-SIMPLE, Savings Incentive Match Plan for Employees of Small Employers (SIMPLE) – Not for Use With a Designated Financial Institution, or Form 5305-SIMPLE, Savings Incentive Match Plan for Employees of Small Employers (SIMPLE) – for Use With a Designated Financial Institution, but most people turn to financial institutions to take care of the paperwork for them. SIMPLE IRA Plans are offered by the same financial institutions that offer IRAs and 401(k) plans.

You can expect the institution to give you a plan document (approved by IRS or with approval pending) and an adoption agreement. In the adoption agreement, you will choose an “effective date,” which is the beginning date for payments out of salary or business earnings. Remember, that date can’t be later than October 1 of the year you adopt the plan, except when a business is formed after October 1.

Another key document is the Salary Reduction Agreement, which briefly describes how money goes into your SIMPLE IRA Plan. You need such an agreement even if you pay yourself business profits rather than salary.

Printed guidance on operating the SIMPLE IRA Plan may also be provided. You will also be establishing a SIMPLE IRA Plan account for yourself as a participant.

Keoghs, SEPs and SIMPLE IRA Plans Compared

KeoghSEPSIMPLE IRA PLAN
Plan type: Can be defined benefit or defined contribution (profit-sharing or money purchase)Defined contribution onlyDefined contribution only
Owner may have two or more plans of different types, including a SEP, currently or in the pastOwner may have SEP and KeoghsGenerally, SIMPLE IRA PLAN is the only current plan
Plan must be in existence by the end of the year for which contributions are madePlan can be set up later – if by the due date (with extensions) of the return for the year contributions are madePlan generally must be in existence by October 1st of the year for which contributions are made
Dollar contribution ceiling (for 2023): $66,000 for defined contribution plan; no specific ceiling for defined benefit plan$66,000$30,000
Percentage limit on contributions: 50% of earnings, for defined contribution plans (100% of earnings after contribution). Elective deferrals in 401(k) not subject to this limit. No percentage limit for defined benefit plan.50% of earnings (100% of earnings after contribution). Elective deferrals in SEPs formed before 1997 not subject to this limit.100% of earnings, up to $15,500 for 2023 for contributions as employee; 3% of earnings, up to $15,500 for contributions as employer
Deduction ceiling: For defined contribution, lesser of $66,000 or 20% of earnings (25% of earnings after contribution). 401(k) elective deferrals not subject to this limit. For defined benefit, net earnings.Lesser of $66,000 or 20% of earnings (25% of earnings after contribution). Elective deferrals in SEPs formed before 1997 not subject to this limit.Maximum contribution $15,500 (in 2023)
Catch up contribution 50 or over: Up to $7,500 in 2023 for 401(k)sSame for SEPs formed before 1997Half the limit for Keoghs, SEPs (up to $3,500 in 2023)
Prior years’ service can count in computing contributionNoNo
Investments: Wide investment opportunities. Owner may directly control investments.Somewhat narrower range of investments. Less direct control of investments.Same as SEP
Withdrawals: Some limits on withdrawal before retirement ageNo withdrawal limitsNo withdrawal limits
Permitted withdrawals before age 59 1/2 may still face 10% penaltySame as Keogh ruleSame as Keogh rule except penalty is 25% in SIMPLE IRA PLAN Plan’s first two years
Spouse’s rights: Federal law grants spouse certain rights in owner’s planNo federal spousal rightsNo federal spousal rights
Rollover allowed to another plan (Keogh or corporate), SEP or IRA, but not a SIMPLE IRA PLAN.Same as Keogh ruleRollover after 2 years to another SIMPLE IRA PLAN and to plans allowed under Keogh rule
Some reporting duties are imposed, depending on plan type and amount of plan assetsFew reporting dutiesNegligible reporting duties


02 Aug 2024

Roth IRAs differ from other tax-favored retirement plans, including other IRAs (called “traditional IRAs”), in that they promise complete tax exemption on distribution. There are other important differences as well, and many qualifications about their use. This Financial Guide shows how they work, how they compare with other retirement devices–and why YOU might want one, or more.

With most tax-favored retirement plans, the contribution to (i.e., investment in) the plan is deductible, the investment compounds tax-free until distributed, and distributions are taxable as received. There are variations from this pattern, as with 401(k)s where the exemption for salary diverted to a 401(k) takes the place of a deduction and for after-tax investments where invested capital is tax-free when distributed.

With a Roth IRA, there’s never an up-front deduction for contributions. Funds contributed compound tax-free until distributed (standard for all tax-favored plans) and distributions are completely exempt from income tax.


  • How Contributions Are Treated
  • How Withdrawals Are Treated
  • Undoing a Conversion to a Roth IRA
  • Withdrawal Requirements
  • Retirement Savings Contributions Credit
  • Use in Estate Planning
How Contributions Are Treated

The 2023 annual contribution limit to a Roth IRA is $6,500. An additional “catch-up” contribution of $1,000 is allowed for people age 50 or over bringing the contribution total to $7,500 for certain taxpayers. To make the full contribution, you must earn at least $6,500 ($7,500 if age 50 or older) from personal services and have income (modified adjusted gross income or MAGI) below $138,000 if single or $218,000 on a joint return in 2023. The $6500 limit in 2023 phases out on incomes between $138,000 and $153,000 (single filers) and $218,000 and $228,000 (joint filers). Also, the $6,500 limit is reduced for contributions to traditional IRAs though not SEP or SIMPLE IRAs.

You can contribute to a Roth IRA for your spouse, subject to the income limits above. So assuming earnings (your own or combined with your spouse) of at least $13,000, up to $13,000 ($6,500 each) can go into the couple’s Roth IRAs. As with traditional IRAs, there’s a six percent penalty on excess contributions. The rule continues that the dollar limits are reduced by contributions to traditional IRAs.

How Withdrawals Are Treated

You may withdraw money from a Roth IRA at any time; however, taxes and penalty could apply depending on the timing of contributions and withdrawals.

Qualified Distributions

Since all your investments in a Roth IRA are after-tax, your withdrawals, whenever you make them, are often tax-free. But the best kind of withdrawal, which allows earnings, as well as contributions and conversion, amounts to come out completely tax-free, are qualified distributions. These are withdrawals meeting the following conditions:

1. At least, five years have elapsed since the first year a Roth IRA contribution was made or, in the case of a conversion since the conversion occurred and

2. At least one of these additional conditions is met:

  • The owner is age 59 1/2.
  • The owner is disabled.
  • The owner has died (distribution is to estate or heir).
  • Withdrawal is for a first-time home that you build, rebuild, or buy (lifetime limit up to $10,000).

A distribution used to buy, build or rebuild a first home must be used to pay qualified costs for the main home of a first-time home buyer who is either yourself, your spouse or you or your spouse’s child, grandchild, parent or another ancestor.

Non-Qualified Distributions

To discourage the use of pension funds for purposes other than normal retirement, the law imposes an additional 10 percent tax on certain early distributions from Roth IRAs unless an exception applies. Generally, early distributions are those you receive from an IRA before reaching age 59 1/2.

Exceptions. You may not have to pay the 10 percent additional tax in the following situations:

  • You are disabled.
  • You are the beneficiary of a deceased IRA owner.
  • You use the distribution to pay certain qualified first-time homebuyer amounts.
  • The distributions are part of a series of substantially equal payments.
  • You have significant unreimbursed medical expenses.
  • You are paying medical insurance premiums after losing your job.
  • The distributions are not more than your qualified higher education expenses.
  • The distribution is due to an IRS levy of the qualified plan.
  • The distribution is a qualified reservist distribution.

Part of any distribution that is not a qualified distribution may be taxable as ordinary income and subject to the additional 10 percent tax on early distributions. Distributions of conversion contributions within a 5-year period following a conversion may be subject to the 10 percent early distribution tax, even if the contributions have been included as income in an earlier year.

Ordering Rules for Distributions

If you receive a distribution from your Roth IRA, that is not a qualified distribution, part of it may be taxable. There is a set order in which contributions (including conversion contributions) and earnings are considered to be distributed from your Roth IRA. Order the distributions as follows.

  1. Regular contributions.
  2. Conversion contributions, on a first-in-first-out basis (generally, total conversions from the earliest year first). See Aggregation (grouping and adding) rules, later. Take these conversion contributions into account as follows:
    • Taxable portion (the amount required to be included in gross income because of conversion) first, and then the
    • Nontaxable portion.
  3. Earnings on contributions.

Disregard rollover contributions from other Roth IRAs for this purpose.

Aggregation (grouping and adding) rules.

Determine the taxable amounts distributed (withdrawn), distributions, and contributions by grouping and adding them together as follows.

  • Add all distributions from all your Roth IRAs during the year together.
  • Add all regular contributions made for the year (including contributions made after the close of the year, but before the due date of your return) together. Add this total to the total undistributed regular contributions made in prior years.
  • Add all conversion and rollover contributions made during the year together.

For years prior to 2018, add any recharacterized contributions that end up in a Roth IRA to the appropriate contribution group for the year that the original contribution would have been taken into account if it had been made directly to the Roth IRA. Disregard any recharacterized contribution that ends up in an IRA other than a Roth IRA for the purpose of grouping (aggregating) both contributions and distributions. Also, disregard any amount withdrawn to correct an excess contribution (including the earnings withdrawn) for this purpose.

On October 15, 2016, Justin converted all $80,000 in his traditional IRA to his Roth IRA. His Forms 8606 from prior years show that $20,000 of the amount converted is his basis. Justin included $60,000 ($80,000 – $20,000) in his gross income. On February 23, 2017, Justin makes a regular contribution of $4,000 to a Roth IRA. On November 7, 2023, at age 65 Justin takes a $7,000 distribution from his Roth IRA.

  • The first $4,000 of the distribution is a return of Justin’s regular contribution and is not includible in his income.
  • The next $3,000 of the distribution is not includible in income because it was included previously.

Distributions after Owner’s Death

Qualified distributions after the owner’s death are tax-free to heirs. Nonqualified distributions after death, which are distributions where the 5-year holding period wasn’t met, are taxable income to heirs as they would be to the owner (the earnings are taxed), except there’s no penalty tax on early withdrawal. However, an owner’s surviving spouse can convert an inherited Roth IRA into his or her own Roth IRA. This way, distribution can be postponed, so that nonqualified amounts can become qualified, and the tax shelter prolonged.

Roth IRA assets left at death are subject to federal estate tax, just as traditional IRA assets are.

Converting from a Traditional IRA or Other Eligible Retirement Plan to a Roth IRA

The conversion of your traditional IRA to a Roth IRA was the feature that caused most excitement about Roth IRAs. Conversion means that what would be a taxable traditional IRA distribution can be made into a tax-exempt Roth IRA distribution. Starting in 2008, further conversion or rollover opportunities from other eligible retirement plans were made available to taxpayers.

Conversion Methods

You can convert a traditional IRA to a Roth IRA. The conversion is treated as a rollover, regardless of the conversion method used.

You can convert amounts from a traditional IRA to a Roth IRA in any of the following three ways.

  • Rollover. You can receive a distribution from a traditional IRA and roll it over (contribute it) to a Roth IRA within 60 days after the distribution.
  • Trustee-to-trustee transfer. You can direct the trustee of the traditional IRA to transfer an amount from the traditional IRA to the trustee of the Roth IRA.
  • Same trustee transfer. If the trustee of the traditional IRA also maintains the Roth IRA, you can direct the trustee to transfer an amount from the traditional IRA to the Roth IRA.

Conversions made with the same trustee can be made by redesignating the traditional IRA as a Roth IRA, rather than opening a new account or issuing a new contract.

Prior to 2008, you could only roll over (convert) amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. You can now roll over amounts from the following plans into a Roth IRA.

  • A qualified pension, profit-sharing or stock bonus plan (including a 401(k) plan),
  • An annuity plan,
  • A tax-sheltered annuity plan (section 403(b) plan),
  • A deferred compensation plan of a state or local government (section 457 plan), or
  • An IRA.

Any amount rolled over is subject to the same rules for converting a traditional IRA to a Roth IRA. Also, the rollover contribution must meet the rollover requirements that apply to the specific type of retirement plan.

There is a cost to the rollover. The amount converted is fully taxable in the year converted, except for the portion of after-tax investment in the traditional IRA. So you must pay tax now (though there’s no early withdrawal penalty) for the opportunity to withdraw tax-free later, an opportunity that can extend to your heirs.

Undoing a Conversion to a Roth IRA

The information in this section only applies to taxable years beginning after December 31, 2017.

Under tax reform (Tax Cuts and Jobs Act of 2017), if a contribution to a regular IRA has been converted into a contribution to a Roth IRA, it can no longer be converted back into a contribution to a regular IRA. This provision prevents a taxpayer from using recharacterization to unwind a Roth conversion.

Since everyone recognizes that conversion is a high-risk exercise, the law, and liberal IRS rules provide an escape hatch: You can undo a Roth IRA conversion by what IRS calls a “recharacterization.” This move, by which you move your conversion assets from a Roth IRA back to a traditional IRA, makes what would have been a taxable conversion into a tax-free rollover between traditional IRAs. Re-characterization can be done any time until the due date for the return for the year of conversion.

If your assets are worth $180,000 at conversion and fall to $140,000 later, you’re taxed on up to $180,000, which is $40,000 more than you now have. Undoing-re-characterization-avoids the tax, and gets you out of the Roth IRA.

One reason to do this, dramatized by a volatile stock market, is where the value of your portfolio drops sharply after the conversion.

Can you undo one Roth IRA conversion and then make another one a reconversion? Yes, but only one time and subject to the following requirements: Reconversion must take place in the tax year following the original conversion to Roth IRA, and the reconversion date must also be more than 30 days after the previous recharacterization transfer from the Roth IRA back to the traditional IRA.

Withdrawal Requirements

You are not required to take distributions from your Roth IRA once you reach a particular age. The minimum distribution rules that apply to traditional IRAs do not apply to Roth IRAs while the owner is alive. However, after the death of a Roth IRA owner, certain of the minimum distribution rules that apply to traditional IRAs also apply to Roth IRAs

Also, unlike traditional IRAs (but like other tax-favored retirement plans), a Roth IRA owner who continues working may continue to contribute to the Roth IRA.

Retirement Savings Contributions Credit

Also known as the saver’s credit, this credit helps low and moderate-income workers save for retirement. Taxpayers age 18 and over who are not full-time students and can’t be claimed as dependents, are allowed a tax credit for their contributions to a workplace retirement plan, traditional or Roth IRA if their modified adjusted gross income (MAGI) in 2023 for a married filer is below $73,000. For heads-of-household MAGI is below $54,750 and for others (single, married filing separately) it is below $36,500.

These amounts are indexed for inflation each year. The credit, up to $1,000, is a percentage from 10 to 50 percent of each dollar placed into a qualified retirement plan up to the first $2,000 ($4,000 married filing jointly). The lower the MAGI is, the higher the credit percentage, resulting in the maximum credit of $1,000 (50 percent of $2,000). Both you and your spouse may be eligible to receive this credit if you both contributed to a qualified retirement plan and meet the adjusted gross income limits.

The saver’s credit is available in addition to any other tax savings that apply. Further, IRA contributions can be made until the April 15 tax return due date of the following year and still be considered in the current tax year.

Use in Estate Planning

Though Roth IRAs enjoy no estate tax relief, they are already figuring in estate plans. The aim is to build a large Roth IRA fund largely through conversion of traditional IRAs-to pass to beneficiaries in later generations. The beneficiaries will be tax exempt on withdrawals (of qualified distributions) and the Roth IRA tax shelter continues by spreading withdrawal over their lifetimes.

Long-term planning with Roth IRAs. If you would be allowed a deduction for a contribution to a traditional IRA, contributing to a Roth IRA means surrendering current tax reduction for future tax reduction (to zero) for qualified distributions. This can be presented as an after-tax return-on-investment calculation involving assumed future tax rates. The higher the projected tax rate at withdrawal, the more tax Roth IRA saves.

Comparable considerations apply to conversions to Roth IRAs. Here the taxpayer incurs substantial current tax cost (directly or indirectly reducing the amount invested) for future tax relief to the taxpayer or an heir. So the return on investment resulting from conversion increases as projected future rates rise.

A key element in making such projections is the possibility that current and future federal deficits will lead to future tax rate increases a factor which would tend to encourage current Roth IRA investment and conversion. On the other hand, there’s the question whether Roth IRA benefits currently promised will survive into future decades.

Highly sophisticated planning is required for Roth IRA conversions. Consultation with a qualified advisor is a must. Please call if you have any questions.


02 Aug 2024

If you are thinking of retiring soon, you are about to make a major financial decision: how to take distributions from your retirement plan. This Financial Guide will discuss your various options. And, since the tax treatment of these distributions will influence your decision, we will also review the tax rules.

You may have a number of options as to HOW you can take retirement plan distributions, i.e., your share of company or Keogh pension or profit-sharing plans (including thrift and savings plans), 401(k)s, IRAs, and stock bonus plans. Your options depend (1) on what type of plan you are in and (2) whether your employer has limited your choices. Essentially, you can:

  • Take everything in a lump sum.
  • Take some kind of annuity.
  • Roll over the distribution.
  • Take a partial withdrawal.
  • Do some combination of the above.

As you will see, the rules on retirement plan distributions are quite complex. They are offered here only for your general understanding. Professional guidance is advised before taking retirement distributions or other major withdrawals from your retirement plan.

Before discussing the specific withdrawal options, let’s consider the general tax rules affecting (1) tax-free withdrawals and (2) early withdrawals.

Related Guide: The tax treatment will be dictated not only by the form of the withdrawal (i.e., how to take it) but also by the timing of the withdrawal (i.e., when to take it). This Financial Guide discusses the “how.” For a discussion of the “when,” please see the Financial Guide RETIREMENT PLAN DISTRIBUTIONS: WHEN to Take Them.

Tax-free Withdrawals. If you paid tax on money that went into the plan, that is if it was made with after-tax funds that money will come back to you tax-free. Typical examples of after-tax investments are:

  • Your non-deductible IRA contributions.
  • Your after-tax contributions to company or Keogh plans (usually, thrift, savings or other profit-sharing plans, but sometimes pension plans).
  • Your after-tax contributions to 401(k)s (in excess of the pre-tax deferral limit).

Early Withdrawals. Tax-favored retirement plans are meant primarily for retirement. If you withdraw funds before reaching what the law considers a reasonable retirement age – age 59 1/2 – you usually will face a 10 percent penalty tax in addition to whatever tax would ordinarily apply.

At age 47, you withdraw $10,000 from your retirement account (and do not roll over the funds). That $10,000 is ordinary income on which you’ll owe regular tax at your applicable rate plus a 10 percent penalty tax ($1,000).

As with any other tax on withdrawal, the 10 percent penalty doesn’t apply to any part of a withdrawal that would be tax-free as a return of after-tax investment

There are several ways to avoid this penalty tax. The most common are:

  • You’re age 59 ½ or older.
  • You’re retired and are age 55 or older (however, this does not apply to IRAs).
  • You’re withdrawing in roughly equal installments over your life expectancy or your joint-and-survivor life expectancy (discussed later).
  • You’re disabled.
  • The withdrawal is required by a divorce or separation settlement (here, too, this does not apply to IRAs).
  • The withdrawal is for certain medical expenses.
  • The withdrawal is for health insurance while unemployed (also available to self-employed).
  • For IRAs only: The withdrawal is for certain higher education expenses and for first-time home purchases (up to $10,000).

Taxpayers affected by the coronavirus are able to withdraw up to $100,000 and will not be subject to the 10 percent penalty for early withdrawals. Distributions can be taken through December 31, 2020. The amount withdrawn is considered income, however, and taxpayers have three years to pay the tax on the additional income and replace the funds in-kind. If you need to withdraw funds from a retirement plan, please call a tax and accounting professional to discuss how it could impact your financial situation.

Eligible taxpayer. Anyone who has been diagnosed with SARS-CoV-2 virus or COVID-19 disease or whose spouse or dependent has been diagnosed with the same. In addition, any taxpayer experiencing financial hardship from any of the following situations:

  • Quarantined
  • Furloughed
  • Laid off
  • Work hours reduced
  • Unable to work due to lack of child care

Now let’s review the basics for each of the options for taking retirement plan distributions and then discuss the tax planning for each option.


  • Take Everything In A Lump Sum
  • Roll Over The Distribution
  • Take A Partial Withdrawal
  • Do Some Combination Of The Above
  • Life Insurance Options
  • Assets Withdrawn In Kind
  • The Economics Of Retirement Annuities
  • Can Creditors Reach Your Retirement Assets
  • State Taxes On Retirement Plan Distributions
Take Everything In A Lump Sum

The Basics

You might want to withdraw all retirement funds in a lump sum, perhaps to spend them on a retirement home or assisted living arrangement, on a second home, or to buy or invest in a business. Or you might want to take everything out of a company account because you mistrust leaving funds with a former employer or to take control of investment decisions, although here a rollover (discussed later) might be preferred. Maybe you have to take a lump sum, as some employers will require, though here, too, a rollover option is probably available.

Lump sum is the standard form of retirement distribution for profit-sharing, 401(k) and stock bonus plans, but may also happen in other plans. Put another way, while plans generally allow lump sum distribution, the employer may have decided to preclude the lump sum form.

While your funds remain in the plan, earnings on the investment assets grow tax-free. The tax shelter ends once the funds are withdrawn. Preserving this tax shelter is one reason to decide not to withdraw the funds at all or to decide against withdrawing everything in a lump sum. The tax shelter continues, in one form or another, for funds withdrawn as annuities and for funds left in the plan when there’s a partial withdrawal of funds. And the shelter continues on rollovers.

Tax Planning

Special tax relief applies, in certain cases, for those who withdraw their pension assets in a lump sum. For most, this relief comes in the form of “forward averaging,” which is also known as the 10-year tax option.

Forward averaging reduces your tax below what it would be if figured at regular progressive rates. You will pay tax in one year (for the year you receive it) as if the lump sum amount was received in equal installments over 10 years. Forward averaging isn’t allowed if any part of the account is or was rolled over to an IRA.

Capital gain treatment for lump sums is available only for those born before 1936 and only with respect to plan participation before 1974. You will need to report the taxable part of the distribution from participation before 1974 as a capital gain (if you qualify) and the taxable part of the distribution from participation after 1973 as ordinary income using the 10-year tax option to figure the tax on the part from participation after 1973 (if you qualify).

It’s a “lump sum” if you take out everything left in your account in a single calendar year. If you took $50,000 last year and $250,000 this year, and nothing is left, $250,000 is the lump sum. If you took $250,000 last year and $50,000 this year and nothing is left, $50,000 is the lump sum. In general, lump sum relief is available only once in a worker’s lifetime.

You may also report the entire taxable part as ordinary income or roll over all or part of the distribution. No tax would be due on the part rolled over and any part of the distribution that is not rolled over is reported as ordinary income.

Because lump sum withdrawal ends the tax shelter, it’s rarely the road to maximizing wealth. Retirees will usually do better with arrangements that preserve the shelter, through rollovers, annuities or partial withdrawals.

Roll Over The Distribution

The Basics

Rollovers are transfers of funds from one plan to another (from one company or Keogh plan to another, from a company or Keogh to an IRA, or from one IRA to another, or from an IRA to a company or Keogh plan.

Rollovers are usually distributions from a company or Keogh plan that are put into an IRA. You might do this (1) to transfer control of the funds from your employer to yourself or (2) because your employer forces the distribution when you leave so as to close its books on your plan participation. In your own Keogh plan, you might make the rollover as part of a decision to terminate your plan or your business.

A rollover to your own IRA can give you flexibility in dealing with the funds (for example, so you can invest in options or create a separate IRA for each beneficiary) that would not be available for funds left in your employer’s plan. Rollovers can be of the entire retirement account or only part of the account.

Rollovers can be made from one IRA to another. Apart from Roth IRA situations, these are usually done to expand investment options or to create several IRA accounts. Rollovers also can be made from one pension, profit-sharing or 401(k) plan to another or between types of plan. This might happen if you change jobs or set up a new Keogh plan because of starting a new business after you retire.

Rollovers from company or Keogh plans preserve the retirement plan tax shelter while postponing retirement distributions, thereby often prolonging the tax-free buildup of retirement funds. They have other consequences, some undesirable:

Federal law grants a person no rights in his or her spouse’s IRA. Thus, a plan participant’s rollover will strip the participant’s spouse of rights the spouse had under the plan from which the assets are being removed. In the case of a pension plan, the spouse has a measure of protection because the spouse must approve the transfer that will forfeit his or her rights. However, no such approval is required in the case of 401(k)s or profit-sharing plans. Thus, a rollover from such plans can eliminate spousal rights. (Employers sometimes provide spousal rights that federal law does not require.)

A rollover will eliminate the chance of lump sum tax relief, unless the IRA was just a conduit for the movement of funds between retirement plans.

In some cases, a rollover from an IRA to a retirement plan can extend the tax shelter period. IRA distributions must begin at age 72, but distributions from a retirement plan can be postponed beyond that until the participant retires, unless he or she is an owner of the business.

A rollover from an IRA to a retirement plan could also get greater creditor protection than if left in an IRA.

Tax Planning

Rollovers are tax-free when properly handled, but consider these qualifications and exceptions:

  • After-tax investments can be rolled over from a company or Keogh plan to an IRA and, in some cases, to defined contribution plans, but not to defined benefit plans.
  • You can’t roll over amounts you’re required to withdraw after reaching age 72 or amounts you’re due to receive under a fixed annuity.

If you do the rollover yourself-personally withdrawing funds from one plan and moving them to another-the plan you’re withdrawing from must withhold tax at a 20 percent rate on the withdrawal. To avoid tax on the 20 percent withheld, you’ll have to come up with that amount from elsewhere and add it to the rollover IRA. (The tax withheld can be taken as a credit against the year’s tax liability.) On the other hand, a direct rollover (having the funds transferred directly from the transferring plan to the receiving plan) avoids withholding.

If you do the rollover yourself, the withdrawn funds are taxable if they don’t reach the rollover destination within the deadline (generally, 60 days). Therefore, the least risky way to roll over funds is a direct rollover.

Where the plan holds specific assets for your account, a rollover may (1) transfer the specific asset or (2) sell it and transfer the cash.

The rollover is not tax-free if cash is withdrawn, used to buy investment assets, and the new assets are then transferred to the new plan.

Take A Partial Withdrawal

The Basics

Partial withdrawals are withdrawals that aren’t rollovers, annuities or lump sums or don’t qualify for lump sum forward averaging or capital gain relief. They include certain withdrawals that you can make while you are still working as well as withdrawals at or after retirement. They may be made for investment or consumption, including education and health care. Because they are partial, the amount not withdrawn continues its tax shelter.

A partial withdrawal will usually leave open the option for other types of withdrawal (annuity, lump sum, rollover) of the balance left in the plan.

Before retirement, partial withdrawals are fairly common with profit-sharing plans, 401(k)s, and stock bonus plans. After retirement, they are fairly common in all types of plans (though least common with defined-benefit pension plans).

Tax Planning

A partial withdrawal is taxable (and can be subject to the penalty tax on early withdrawal) except to the extent it consists of after-tax funds. The withdrawal is generally tax-free in the proportion the after-tax investment bears to the total retirement account.

Your retirement account totals $100,000, which includes an after-tax investment of $10,000. You withdraw $5,000. The withdrawal is tax-free to the extent of $500 ($10,000/$100,000x$5,000).

The tax-free portion is computed differently for plan participants who were in the plan on 5/5/86.

Do Some Combination Of The Above

Combination withdrawals are quite complex and beyond the scope of this Financial Guide.

For an overview of how states tax retirement plan withdrawals, see State Taxes On Retirement Plan Distributions.

Related Guide: For a discussion of Roth IRAs, please see the Financial Guide: ROTH IRAS: How They Work And How To Use Them.

Life Insurance Options

Here are your typical options where whole life insurance is held for you in a retirement plan:

  • Your employer surrenders the policy to the insurance company for its cash surrender value, which it pays over to you.
  • Your employer trades in the policy for an annuity on your life.
  • Your employer distributes the policy to you.
  • Some mix of the above, such as getting some cash proceeds and an annuity.

The tax shelter ends when cash is received. Otherwise, it continues, to some degree.

Assets Withdrawn In Kind

In general, assets withdrawn in kind (i.e., withdrawn in the form held by the retirement plan, rather than withdrawn in cash) are taxed at their fair market value when received, reduced by after-tax investment. Exceptions:

  • Stock distributed by a stock bonus plan. Your after-tax investment in the stock comes back tax-free and you pay no tax on the stock’s appreciation in value until you sell it. But you have the option to pay tax on the value when received.
  • Annuity contract. These aren’t taxed when distributed. You’re taxed under the annuity rules above on annuity payments as received.
  • Insurance policy. If you convert the policy to an annuity contract within 60 days, the distribution is tax-free. However, you’re taxed under the annuity rules as payments are received. If you keep the policy, you’re taxed on the policy’s cash value (less your after-tax investment).

The Economics Of Retirement Annuities

Retirement annuity economics are built around the straight life annuity, where the retiree receives a certain amount for life, however, long or short that might be. This amount stops at the retiree’s death. The cost of such an annuity is computed, and that’s the cost the employer is obligated to provide.

However, you may want, or be obliged to take, something other than a straight life annuity, such as:

  • A fixed-term annuity, whereby the annuity will continue for a fixed term (say, ten years) even though you die before the end of this term. (This additional benefit is called a “refund feature.”)
  • A joint and survivor annuity, where the annuity is payable over two lives instead of one.

These types of annuity are worth more than the straight life annuity. But the employer isn’t obliged to pay for more than the cost of a straight single life annuity. So if you opt for something other than straight life, the amount you collect each period will be correspondingly reduced to the “actuarial equivalent” of straight life.

Can Creditors Reach Your Retirement Assets

Federal law generally protects your retirement assets or accounts against claims of your creditors so long as the assets remain in the retirement plan, except for unpaid federal taxes. Generally, this protection is in federal labor law (ERISA). Protection denied under labor law is provided under bankruptcy law (if the case is begun after October 16, 2005) to:

  • Keogh plans where the Keogh owner (or owner and spouse) are the only ones in the plan and
  • IRA plans, up to the amount rolled over from retirement plans, plus up to $1 million (which the bankruptcy court may increase where appropriate).

State Taxes On Retirement Plan Distributions

With 50 different state tax systems, only an overview is possible on how states tax retirement plan withdrawals. Here are the highlights:

  • A state cannot tax a retirement plan distribution if it imposes no income tax on individuals (Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming).
  • A state from which a pension is paid, by an employer or former employer in the state, can’t tax the pension recipient in another state. In other cases, states generally follow the basic federal approach of taxing retirement distributions as ordinary income (and treating return of after-tax investment as tax-free). But some states don’t follow the federal rules for Keogh or IRA investment. Hence, withdrawals from such plans can get state tax relief not allowed under federal law.
  • Some states grant tax relief for a certain dollar amount of retirement income, relief that extends to retirement plan withdrawals. In some states the relief may look something like the federal credit for the elderly.
  • Rarely if ever, would a state impose a penalty tax on early withdrawal or on inadequate withdrawals after age 72.


02 Aug 2024

When must you start withdrawing the funds in your retirement plans? And what happens if the funds aren’t withdrawn before you die? To what extent will your heirs be taxed? The rules are complex but there are ways the savvy taxpayer can maximize the tax shelter.

The basic rule is that you must begin withdrawing funds – and incurring taxes on these withdrawals – no later than April 1 of the year after you turn 73. This rule exists so that retirement funds will be distributed whether or not spent during what for most people is their retirement years.

Under the SECURE 2.0 Act of 2022, for individuals who reach age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age for starting RMDS is 73. For individuals who attain age 74 after December 31, 2032, the applicable age is 75. The new rules apply to distributions required to be made after December 31, 2022, for individuals who attain age 72 after such date. In other words, taxpayers born between 1951 and 1959 will begin RMDs at age 73. Those born in 1960 or later will begin taking RMDs at age 75.

An exception to this general rule is that, where your retirement plan permits, you do not need to begin these mandatory withdrawals until you retire if you are still employed when you reach the mandatory withdrawal age. The exception doesn’t apply where you’re a five percent or more owner of the business that provides the plan, or to withdrawals from traditional IRAs – in those cases, you are subject to the mandatory withdrawal rules.

Related Guide: Roth IRAs are another exception. For a discussion of Roth IRAs, please see the Financial Guide: ROTH IRAS: How They Work And How To Use Them.

Preserving the tax shelter. Your funds grow sheltered from tax while they are in the retirement plan. So the longer your financial situation lets you prolong the distribution or the smaller the amount you must withdraw the more your assets grow. Some taxpayers choose to defer withdrawals for as long as the law allows, to maximize assets and the shelter, for the next generation.

The law has specific rules about how fast the money must be taken out of the plan after your death. These rules curtail the ability to prolong a tax shelter that started out to aid your retirement.The rules are complex, but here’s a general overview of the timing of retirement plan distributions which will help avoid unnecessary tax headaches for you and your heirs. Because of the complexity of the rules, professional guidance in this area is strongly suggested.

Related Guide: The tax treatment will be dictated not only by the timing of the withdrawal (i.e., when to take it) but also by the form of the withdrawal (i.e., how to take it). This Financial Guide discusses the “when.” For a discussion of the “how,” please see the Financial Guide: RETIREMENT PLAN DISTRIBUTIONS: HOW to Take Them.


  • Withdrawal While You’re Alive
  • Withdrawal After You Die
  • Tax Planning
Withdrawal While You’re Alive

Before You Reach Age 73

Until the year you reach 73, you need not take your money out of your retirement account, although your employer’s plan might require you to do so. In fact, there will usually be a 10 percent early-withdrawal penalty if you make withdrawals from an IRA before age 59 1/2. Between the ages of 59 1/2 and 73; you pay only the income tax on any amounts you decide to withdraw, with no tax on the return of after-tax contributions you made.

Taxpayers affected by the coronavirus were able to withdraw up to $100,000 and will not be subject to the 10 percent penalty for early withdrawals. Distributions must have been taken before December 31, 2020. The amount withdrawn is considered income, however, and taxpayers have three years to pay the tax on the additional income and replace the funds in-kind.

Once You Reach Age 73

Once you hit 73, withdrawals must begin. Technically they can be postponed until April 1 of the year following the year you reach 73, but waiting until April 1 of the following year means you must withdraw for two years. To avoid this income bunching and a possible higher marginal tax rate, tax advisers generally suggest withdrawing in the year you reach 73.

IRS has greatly simplified and relaxed the withdrawal rules over the years to increase the retirement plan tax shelter, by lengthening, in most cases, the period over which plan withdrawals may be stretched.

The rules allow you, automatically, to spread your withdrawals over a period substantially longer than your life expectancy. Under these rules the taxpayer (say, an IRA owner) first determines his or her retirement plan asset values as of the end of the preceding year. Then the owner takes the number for his or her age from an IRS table (the table is unisex). The number corresponds to the period over which the withdrawals may be spread. The owner divides that number into the retirement asset total. The result is the amount to be withdrawn for the year.

Example 1: Joe reaches age 73 in October of this year. Retirement plan assets in his IRA totaled $600,000 at the end of last year. The IRS number for age 73 is 26.5. Joe must withdraw $22,641 ($600,000/26.5) this year.

The distribution period in the IRS table in effect assumes distribution over a period based on your life expectancy plus that of a beneficiary 10 years younger than you. Distribution after your death is based on the actual life span or life expectancy of your actual beneficiary (see “Withdrawal after You Die” below). Only where your designated beneficiary is a spouse more than 10 years younger than you is his or her actual life expectancy used to figure the withdrawal period during your lifetime. You may use these rules to prolong distribution for 2003 and after, even though you have been taking withdrawals over a shorter period under previous rules.

Under the current rules, the life expectancy of your designated beneficiary (if you have one) is irrelevant in figuring your withdrawal period (except for a beneficiary spouse more than 10 years younger). Thus, you can change your designated beneficiary at will, or replace one who died, without affecting your withdrawal period (except for a change to or from a spouse more than 10 years younger).

You can always take out money faster than required and pay tax on these withdrawals; however, the tax code is strict about minimum withdrawals. If you or your beneficiaries or heirs fail to take out what’s required, a tax penalty will take 50 percent of what should have been withdrawn but wasn’t.

Withdrawal After You Die

The rules as to how fast your beneficiaries or heirs must withdraw funds from your account and pay the income tax-differ, depending on your beneficiary choice.

Under the SECURE Act of 2019, and starting in 2020, there is a new beneficiary category – the eligible designated beneficiary (EDB). An EDB can include the IRA owner’s surviving spouse or minor child, a person who is chronically ill or disabled, or another individual (e.g., parent, sibling, and unmarried partner) who is not more than 10 years younger than the IRA owner at the time of his/her death. If an individual inherits an IRA in 2020 (or in years beyond) but does not meet the definition of an EDB they may be required to take full distribution of the inherited IRA within 10 years after the IRA owner’s year of death.

Of course, designating a beneficiary is wise as a matter of planning for the disposition of your assets. You may change the beneficiary later without affecting the amount you withdraw (except for a change to or from a spouse more than 10 years younger).

Eligible Designated Beneficiaries: Your Spouse. Naming your spouse as beneficiary carries the most flexibility. A surviving spouse has options that no other beneficiary has such as:

  • Leave the money in the IRA account. If your spouse, for example, is the sole beneficiary, he or she may elect to treat the balance in the IRA as if it were their own. Depending on their age, they may be required to take required minimum distributions.
  • Rollover to another IRA. A spouse beneficiary of your IRA can elect to roll the IRA balance over to their own IRA. This provides the optimal extension of the withdrawal period if your spouse is younger than you since your spouse doesn’t have to start withdrawing funds until they turn 73. At age 73, your spouse can then use the period in the IRS table or a longer one if they then has a spouse more than 10 years younger. A rollover isn’t allowed if a trust is a beneficiary, even if the spouse is the trust’s sole beneficiary. A similar extension is allowed for a balance you might leave in a qualified retirement plan: your spouse can roll it over into his or her IRA. And your spouse can roll over a distribution from your retirement plan to another retirement plan in which he or she participates, as well as to an IRA.
  • Remaining a beneficiary. Instead of a rollover, a surviving spouse can simply leave the money in the deceased participant’s account. There’s no 10 percent early-withdrawal penalty if the spouse takes funds out of your account, but that penalty would apply if the spouse rolled over the money into his or her own IRA and tapped it before reaching 59 1/2.

Leaving the money in your account makes sense if your spouse is under age 59 1/ 2 and needs the money soon after your death. If your spouse remains a beneficiary, he or she doesn’t have to start withdrawals until you would have reached age 73 after which withdrawals will be taken under the IRS table. Generally, there will not be an estate tax on retirement plan assets left to a spouse and the spouse will pay income taxes only as funds are withdrawn.

Eligible Designated Beneficiaries: Your Minor Child. If you name your child you should be aware that upon reaching the age of majority (18 in most states, 19 in Alabama and Nebraska, and 21 in Mississippi) your child will become a non-eligible designated beneficiary and subject to the 10-year rule – i.e., required to take full distribution of the inherited IRA within 10 years.

Non-Designated Beneficiaries. This type of beneficiary does not have a life expectancy. As such, distributions are different depending on whether the IRA account owner dies before, during, or after the start of the required beginning date for required minimum distributions (RMDs). If a traditional IRA owner passes away after his/her RBD, the beneficiary must continue distributions using the decedent’s life expectancy. If before, then the entire account balance must be taken by the end of 5th year following year of death. Beneficiaries of Roth IRA account owners who have died must distribute the assets within five years.

The required payout schedules set the minimum that can be withdrawn. The beneficiary can always take out more.

No beneficiary. If you die before April 1 after the year you reach age 73 having named no beneficiary or, in most cases, where your beneficiary is not a human being (such as an estate or a charity), all funds must be distributed and income taxes paid within five to six years of your death. Heirs don’t get the option of using their own life expectancy.

If you die on or after that April 1 date without having named a beneficiary or having named your estate as the beneficiary, the money must come out by the end of the period remaining under the IRS table. For example, at age 80 the table period is 20.2. On a death at age 80, the estate or heirs would have 20.2 years to complete withdrawal.

Death before distributions begin. If you should die before the time (age 73) required distributions are to begin, minimum distributions to your beneficiary can be spread over his or her life expectancy.

Estate tax. There may be an estate tax on retirement funds left to someone other than your spouse, who will also owe an income tax as funds are withdrawn. Where an estate tax is imposed, the taxpayer who received the retirement funds is entitled to a partial income tax deduction for the estate tax paid.

Tax Planning

The above discussion covered the general rules as to the withdrawal of retirement plan distributions both before and after you die. Now let’s look at some specific tax planning techniques, particularly as regards the estate tax, for minimizing the tax bite when the funds accumulated in your retirement accounts (including pension and profit-sharing plans, 401(k) plans, IRAs and rollover IRAs) are passed on to your heirs.

How Your Heirs Are Taxed

The general rule is that, while there may be a estate tax bite at your death, inherited assets are received income-tax-free by your heirs. Unfortunately, however, this general rule doesn’t apply to money in a retirement plan. Whoever gets the money will incur income tax on it, unless it’s left to charity (more on giving retirement assets to charity below).

If you gave your wife a $500,000 stock-and-bond portfolio, she will not pay income tax on receipt of the portfolio. Or if you leave your son a $150,000 vacation home, he will not pay income tax when he receives it. But if you leave your daughter the $150,000 in your IRA, she will be subject to income tax on it, more or less as you would be if you had received the distributions yourself. (Moreover, there may be a further estate tax as well.)

The basic income tax rule is that retirement plan distributions to heirs are taxable at ordinary rates, except for after-tax investments, which come out tax-free. There are, however, the following key exceptions or qualifications:

  • On a lump sum distribution, heirs of persons born before 1936 can sometimes claim tax relief.
  • Life insurance proceeds paid in a lump sum are tax-exempt. However, if they are paid in installments, the interest element is taxable.
  • The value of a stock bonus is taxable when received as ordinary income, less unrealized appreciation, and after-tax investment. Any appreciation is taxable as capital gain when the stock is sold.
  • Your spouse can roll over from your retirement account (IRA or other) to his or her IRA. No other heir can roll over from your account.
  • There’s no early withdrawal penalty on what your heir withdraws after your death, even if the heir is under age 59½, but in general, if your spouse is your heir and rolls over your retirement account to his or her IRA, a withdrawal from the IRA while under age 59 1/2 is subject to the penalty.

Some Tax Planning Opportunities

The federal estate tax isn’t a major problem for most Americans. Less than one percent of those who die in any year leave an estate that’s hit by the estate tax; but the larger a taxpayer’s retirement account, the more likely it will be cut down by the federal estate tax on top of the federal income tax described above.

Unlike the income tax, which is collected only as amounts are distributed – and thus is deferred on annuities and the like – the estate tax is collected up front, at the owner’s death, on the present value of the annuity.

One common planning technique – making lifetime gifts to reduce your taxable estate is impractical for retirement accounts. Even where you might be able to give part of your retirement account away (as with an IRA, for example), your gift is a taxable distribution to you and no IRA tax shelter survives for your donee. But there are more practical techniques:

  • Make your spouse the beneficiary of your retirement plan assets and leave non-retirement plan assets to non-spouse beneficiaries. This reduces estate taxes and permits deferral of income taxes for the longest period possible.
  • If you plan on leaving assets to charity, use retirement plan assets. You can eliminate estate and income taxes on this amount while achieving charitable goals.
  • A charitable remainder trust is a sophisticated way to benefit family, as well as charity at a reduced tax cost. Typically, your children or other non-spouse beneficiaries will draw the income from the retirement assets for a period, after which the remainder goes to charity. An estate tax deduction is allowed for the present value of what will go to the charity.
  • Consider buying life insurance to pay estate tax that can’t be avoided (perhaps because you want a large retirement account to go to someone other than a spouse or charity). The insurance proceeds will be exempt from income tax (while funds withdrawn from the account to pay estate tax will be subject to income tax). With proper planning, the withdrawn funds can escape estate tax as well.


02 Aug 2024

In December 2022, 48.6 million retired American workers received an average of $1,825 average monthly benefit in Social Security retirement benefits. Social Security is the major source of income for many elderly, but by 2035, the number of Americans 65 and older will increase from approximately 58 million today to over 76 million – with only 2.3 workers for each beneficiary. Currently, there are 2.8 workers for each beneficiary.

If you’re worried about social security, you’re not alone. Nevertheless, Social Security is still an important part of your retirement planning. The best way to take control is to find out what your estimated benefits will be. You can do this by contacting the SSA through their website.

You’ll receive a report showing your estimated annual benefits at age 62, at your “normal” retirement age (65 to 67, depending on your year of birth), and age 70. These are estimates of future benefits, with an actual dollar amount at that time.

Taking Steps To Protect Yourself

There are some important steps to take when you get your report. First, check your reported earnings for each year you worked. Just like any other bureaucracy, mistakes are always a possibility.

Second, consider how your benefit varies according to your retirement age. If you retire at 62, generally, you will only get 80 percent of your benefits at the normal retirement age. Conversely, for each year you work past your normal retirement age, you will get an extra 8 percent. If you’re married, your non-working spouse will get 37.5 percent of your benefits if you retire early and 50 percent at your normal retirement age.

Remember that the full retirement age is no longer necessarily 65. The full retirement age is gradually increasing to age 67 by 2027. Looking at your various retirement benefits, you can figure out the best time for you to start taking Social Security.

Third, decide how much you want to rely on Social Security. The younger you are, the more likely it is that your benefits will be less than projected. As a safety measure, you might assume your actual annual benefit would be 75 percent of current estimates. Whatever your method, plug that Social Security number into your retirement needs analysis to see how much you will have to save on your own to provide the income you want, and then plan to save even more than that if you can.

Finally, when you deal with the Social Security Administration, do it online or in writing. If doing so is impossible, go to a Social Security office. For future reference, always take notes and get the employee’s name and ID number of the person you spoke with.

You won’t be penalized if you receive incorrect information from the employee and you have proof. If you are unhappy with the Social Security Administration’s decision about your situation, you can file a “reconsideration.” You can also ask to have any deadlines waived until your problems are resolved.

Social Security was never designed to pay for a life of luxury, but even with its current fiscal woes, you can probably count on something when you retire.