Question from MSN AAP for SSSP : Desibabu

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r2iby2007
Posts: 80
Joined: Tue May 15, 2007 3:43 pm

Question from MSN AAP for SSSP : Desibabu

Post by r2iby2007 »

Desibabu,

Thanks again for spending time on my AAP. Now I started implementing. Here is the link for my AAP thread.

http://groups.msn.com/R2INRIFinanceAndInvestments/r2ifinance.msnw?action=get_message&mview=0&ID_Message=54344&all_topics=0

I have following questions: Can you please help?

In Message 50 you mention:

The above should be in taxable accounts with Vanguard. Instead of a joint account, open separate accounts, one in your
name, one in spouse's name and asisgn beneficiaries. This will make it easier from Indian tax perspective which
separately taxes the income of two spouses.


And on On Message 52 you mention:

I have addressed earlier regarding IRA liquidation, how much per year and conversion to ROTH.Since India imposes 3 year holding period on foreign equities to classify for long term gain, the sooner you move the money into the investments now into rolled over IRAs the better.

Now to my question:

Does this mean, I need one IRA account and another ROTH-IRA account? And maintain the Bond/Stock and fund distributions as suggested within these accounts? As per message 50, I need two separate accounts instead of joint account. Does the above mean, I need total of 4 accounts?

One more thing I am not clear : When I withdraw money from IRA (around 25K) in my first 4 years, does this gets invested in taxable account

I may have other questions, can I use the same method to ask?

Thanks again
SSSP
r2iby2007
Posts: 80
Joined: Tue May 15, 2007 3:43 pm

Question from MSN AAP for SSSP : Desibabu

Post by r2iby2007 »

Can you please reply?

Thank you


r2iby2007;24600Desibabu,

Thanks again for spending time on my AAP. Now I started implementing. Here is the link for my AAP thread.

http://groups.msn.com/R2INRIFinanceAndInvestments/r2ifinance.msnw?action=get_message&mview=0&ID_Message=54344&all_topics=0

I have following questions: Can you please help?

In Message 50 you mention:

The above should be in taxable accounts with Vanguard. Instead of a joint account, open separate accounts, one in your
name, one in spouse's name and asisgn beneficiaries. This will make it easier from Indian tax perspective which
separately taxes the income of two spouses.


And on On Message 52 you mention:

I have addressed earlier regarding IRA liquidation, how much per year and conversion to ROTH.Since India imposes 3 year holding period on foreign equities to classify for long term gain, the sooner you move the money into the investments now into rolled over IRAs the better.

Now to my question:

Does this mean, I need one IRA account and another ROTH-IRA account? And maintain the Bond/Stock and fund distributions as suggested within these accounts? As per message 50, I need two separate accounts instead of joint account. Does the above mean, I need total of 4 accounts?

One more thing I am not clear : When I withdraw money from IRA (around 25K) in my first 4 years, does this gets invested in taxable account

I may have other questions, can I use the same method to ask?

Thanks again
SSSP[/quote]
Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Question from MSN AAP for SSSP : Desibabu

Post by Desi »

I just saw this thread. I will review the posts in older thread, refresh my memory and get back to you by tomorrow.
Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Question from MSN AAP for SSSP : Desibabu

Post by Desi »

[QUOTE]I may have other questions, can I use the same method to ask

Yes, you may post your questions here and I will respond after I refresh my memory.
Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Question from MSN AAP for SSSP : Desibabu

Post by Desi »

[quote]Does this mean, I need one IRA account and another ROTH-IRA account? And maintain the Bond/Stock and fund distributions as suggested within these accounts? As per message 50, I need two separate accounts instead of joint account. Does the above mean, I need total of 4 accounts?
[/quote]


It was tough to refresh memory on this one. Fortunately, I had put enough detail in the posts.

I have recommended as follows:

Rollover IRA account for you and a rollover IRA account for your spouse.

ROTH IRA account for you and a ROTH IRA account for your spouse (money flows in as described in post #28. As also mentioned, you may not be eligible for ROTH based on gross salary, hence as suggested in the post, your ROTH accounts may have to be opened in January 2008. Make sure you take the paperwork with you and prepare the paperwork in advance. In case you two determine that you would be eligible for ROTH IRAs in 2007, then you can open in 2007, but based on income, you may not be eligible for 2007.


A taxable account for you and a taxable account for your spouse for investments targetted for self retirement.

A separate taxable account held by one of you in which you put in the investments targetted for Children's education. Some of these will come from rollover IRA accounts as mentioned in post # 28.


[quote]One more thing I am not clear : When I withdraw money from IRA (around 25K) in my first 4 years, does this gets invested in taxable account
[/quote]

Yes. In the taxable account earmarked for children and per the AAP set for them, which I have explained in the post.
EBS1972
Posts: 1
Joined: Mon Mar 26, 2007 12:45 am

Question from MSN AAP for SSSP : Desibabu

Post by EBS1972 »

Desi,

I was going through this APP and I have a question. In #28 you suggested moving IRA/401K to roth and funding kids eduction using custodial after tax a/c but in #49 you have suggested to use all of 401K(rolled over to IRA)311K+another 49K for kids education. So, does he really need a Roth a/c, if so what percentage of his 401K does he need to move to Roth.

2. Also, in #50 you suggested to use after tax money of about 84K to fund their US portion of retirement a/c. My question is, why can't this money be used for kids eduction so that he only need to withdraw 311K-84K for kids education there by saving some taxes on the 84K?

I am not questioning what you have suggested but only trying a get a clarification on the recommendation so that it would help in my AAP.

Many thanks.
Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Question from MSN AAP for SSSP : Desibabu

Post by Desi »

EBS1972;27886Desi,

I was going through this APP and I have a question. In #28 you suggested moving IRA/401K to roth and funding kids eduction using custodial after tax a/c but in #49 you have suggested to use all of 401K(rolled over to IRA)311K+another 49K for kids education. So, does he really need a Roth a/c, if so what percentage of his 401K does he need to move to Roth.
[/quote]


EBS, Re custodial accounts there are later comments (post 49) that advise against it, as from a tax perspective in his case, Indian taxes will rule and override any benefits.

SSPP had indicated (If I remember correctly) that he had earmarked his 401K monies for kids and his other savings plus savings from salaries in India etc would suffice for retirement which was borne out by calculations.

It was estimated that the education expense plus tax ramifications of 401K, he would need about 360K of money at present. Since he had 311K in 401K, it meant supplementing this with additional 49K.

Moving money to ROTH from rollover IRA allows him to escape 10% penalty. As to what percentage should go in the ROTH IRAs, I am fairly certain that I must have addressed that in original AAP, please look there. If you still have a question after that, let me know. I will also have to go back to old AAP to refresh my memory.

[quote]
2. Also, in #50 you suggested to use after tax money of about 84K to fund their US portion of retirement a/c. My question is, why can't this money be used for kids eduction so that he only need to withdraw 311K-84K for kids education there by saving some taxes on the 84K?
[/quote]

Yes it can be done. The taxes on 84K at 15% are going to be 12.6K. These 12.6K are not savings but deferred taxes in that they eventually have to be paid, perhaps even higher than 12.6K if democrats raise taxes which are at their historical low. So by deferring one can make a gain of about 7% growth on this 12.6K which is about $900 a year. This $900 is further taxed when withdrawn by IRS and by GOI at marginal 30% plus rates as it accrues. So the net benefit of this is there, it is small however with the risk of rising taxes. GOI will tax growth as it accrues and IRS will tax when withdrawn.

A number of factors went into what I came up with. One was SSPP's wanting to keep 401Ks for kids (he had mentally allocated this for kids - so this was client input), Second was a plan to withdraw 401K when they were in the least tax bracket and have high deductions and personal exemptions including kids exemptions. Third was the recognition that the growth on tax money deferred is being taxed twice - once by India at a high rate every year as it accures and second by IRS when it is withdrawn. IRS will not give foreign tax credit for taxes paid to GOI years earlier.

Further to I believe that holding IRA for an Indian resident is not a good idea. India does not recognize tax deferral which is per US tax code only. So India will continue to tax any growth at high tax rates as growth is realized and US IRS will tax it also when withdrawn with no reprieve from dual taxation. While Indian taxes can be somewhat mitigated by putting IRA money in long term equities with low dividiends but that is also against the grain of having tax deferred accounts with fixed income. There is not an easy solution to this. In some cases it may make sense to hold the IRAs for Indian resident, but the benefits may be marginal.

There may be other reasons, but I will have to go thru the whole thread again.

[quote]
I am not questioning what you have suggested but only trying a get a clarification on the recommendation so that it would help in my AAP.

Many thanks.
[/quote]

No problems, it is only when questions are asked, I can catch my own errors.
r2iby2007
Posts: 80
Joined: Tue May 15, 2007 3:43 pm

Question from MSN AAP for SSSP : Desibabu

Post by r2iby2007 »

Hi Desi et al-,

Thanks for your reply.

The individual account I open for me and my spouse, can I put the other person as a nominee. Currently we have taxable account as "joint account with survivor" option. So the husband puts wife as nominee and wife puts husband as nominee. If we open as individual account, is this the best or easy way to get the proceeds in case something happens to the account owner.

Thank you and with regards
SSAP




Desi;27013

It was tough to refresh memory on this one. Fortunately, I had put enough detail in the posts.

I have recommended as follows:

Rollover IRA account for you and a rollover IRA account for your spouse.

ROTH IRA account for you and a ROTH IRA account for your spouse (money flows in as described in post #28. As also mentioned, you may not be eligible for ROTH based on gross salary, hence as suggested in the post, your ROTH accounts may have to be opened in January 2008. Make sure you take the paperwork with you and prepare the paperwork in advance. In case you two determine that you would be eligible for ROTH IRAs in 2007, then you can open in 2007, but based on income, you may not be eligible for 2007.


A taxable account for you and a taxable account for your spouse for investments targetted for self retirement.

A separate taxable account held by one of you in which you put in the investments targetted for Children's education. Some of these will come from rollover IRA accounts as mentioned in post # 28.



Yes. In the taxable account earmarked for children and per the AAP set for them, which I have explained in the post.[/quote]
r2iby2007
Posts: 80
Joined: Tue May 15, 2007 3:43 pm

Question from MSN AAP for SSSP : Desibabu

Post by r2iby2007 »

Hi Desi Et Al,

Please disregard my question about beneficiary. You had addressed this in my AAP response.
Can you please help me with this:
1. In the following post, you mention the income can be upto 87k and that I can withdraw 25k (based on std deduction and personal exemption) and convert 55-60k to ROTH. Since the goal is to limit AGI within 63k, why not withdraw 40k and convert to 35-40k to ROTH. Can you please let me know, how you came up with distribution of 25k and 55-60k?

http://groups.msn.com/R2INRIFinanceAndInvestments/banking.msnw?action=get_message&ID_Message=54344&ShowDelete=0&ID_CLast=58452&CDir=-1&all_topics=1

--------------------------------------------------8<---------------------------------------------

1. Wait till 59.5 - this means that expenses for children's education have to come from elsewhere and paid off after age 59.5. In this instance, Indian taxes would be high, even though no penalty. Benefits of withdrawing IRA during low taxes are gone.
If children's education is in an "eligible education institution" in USA, then IRA money can be withdrawn without penalty, but still will be faced with high Indian taxes on gains - this approach not advisable. (If you give up Indian residencey and come and live in USA for a year or two, then you avoid high Indian taxes, but probably end up paying higher costs of living in USA and costs for an extended vacation in USA).

2. Withdraw all of the monies during the next 2 to 4 years. In this case you will pay 10% penalty, plus lower taxes and avoid Indian taxes because of RNOR. If the withdrawal is extended beyond RNOR, most likely you will pay Indian taxes only on gains which should be small because of short duration. For this you should monitor this forum as a member has applied for advance ruling to Income Tax department in India.

3. Withdraw some IRA monies now and some quite a bit later - not recommended, still run into high Indian tax issues.

4. Withdraw some money during RNOR and rest during succeding years post RNOR managing low US taxes, (Indian taxes would only be on the gain, pending Advance Ruling response) and do a conversion to ROTH in the succeeding years.

During 2007 personal exemption will be 3400 per person and standard deduction of $10,700. For Married filing joint, you do not bump into 25% bracket till AGI crosses some 63K. So this means that you can have income of upto about 87K or so and remain in 15% marginal bracket. I am assuming that any earned (salary) income in India will be less than foreign earned income exclusion allowed. Of course, you may have some other income from fixed income, but still you should be able to withdraw about 80K per year and still remain in 15% marginal bracket.
You currently have 301K in IRAs/ 401Ks/ pensions. Since you already own a home, this new purchase will not be a "First Home" and hence you will not be able to withdraw penalty free 10K each spouse from IRAs - however I suggest to explore that.

So my recommendation for IRA withdrawal is as follows:

Each year withdraw from IRA 25K and pay penalty plus applicable taxes. (this amount is based on approximate amount of standard deduction plus exemptions)
Each IRA do a ROTH conversion on 55K to 60K of the IRA amount (Based on approcimately when you would swing into 25% bracket).
After about 4 to 5 years, all money from IRA will be depleted.
After five full years withdraw only the principal from ROTH (Principal means the total amount of money in Roth that came from conversion).

Monitor this board for response from Indian Income Tax authority for advance ruling on IRA distributions.

----------------------------------------------------8<------------------------------------------

2. In the following post, you mention PPF as one of the options. To my knowledge PPF is also tax sheltered. My question is, Does PPF fall under PFIC or not?

----------------------------------------------------8<-----------------------------------------
2. Fixed Income 40% - Rs 76 lacs

This one is a hard pill to swallow. This fixed income will generate current income and is not easily tax shelterable. Fixed income mututal funds with growth option in India actually offer the best choice but the PFIC issues will hurt you. So if you are working then this money can go in POMIS, CDs, PPF, etc.
If you decide to retire or if you think that between you and spouse, you can manage real estate, then you may consider investing half of this in income generating real estate. This is an area you need to tread carefully considering the rent laws in India. However this offers an alternative.
-----------------------------------------------------8<-----------------------------------------

I apologize for asking simple questions, I would appreciate if you can get back when you can spare few minutes
Thank you
SSSP
Desi
Posts: 11421
Joined: Tue Dec 19, 2006 9:12 pm

Question from MSN AAP for SSSP : Desibabu

Post by Desi »

r2iby2007;34332Hi Desi et al-,

Thanks for your reply.

The individual account I open for me and my spouse, can I put the other person as a nominee. Currently we have taxable account as "joint account with survivor" option. So the husband puts wife as nominee and wife puts husband as nominee. If we open as individual account, is this the best or easy way to get the proceeds in case something happens to the account owner.

Thank you and with regards
SSAP[/quote]

I have already addressed what accounts to open. For your taxable account, you can specify your spouse as beneficiary and your spouse will do vice versa.
For brokerage accounts a TOD (Transfer on Death) form is available from brokerages and this form should be filled out for the individual taxable accounts.

In case, something happens as far as brokerage is concerned, they will transfer assets upon satisfactory proof. The TOD establishes a Trust like account where the spousal instructions for transfer in TOD are sufficient.
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