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Oxford Hills Observer - Turner Publishing Inc.

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March 2015 <strong>Oxford</strong> <strong>Hills</strong> <strong>Observer</strong><br />

www.centralmainetoday.com<br />

Page 5<br />

2<br />

Business Business<br />

Plan and grow your business<br />

with monthly Tips on various subjects such as Taxes,<br />

Human Resources, and Marketing.<br />

Tax Free Roth IRA Conversions<br />

Moving money from<br />

a tax deferred retirement<br />

account to a potentially<br />

tax-free Roth IRA usually<br />

will trigger income<br />

tax. That won't always be<br />

the case, though, thanks<br />

to recent IRS announcements.<br />

Some examples<br />

show how this can work.<br />

Example 1: Nancy<br />

Martin has participated<br />

in her company's 401(k)<br />

plan for many years.<br />

She typically has made<br />

maximum pretax contributions<br />

to the plan.<br />

Nancy's company allows<br />

employees to make additional<br />

aftertax contributions<br />

(many employers<br />

do), which she has done.<br />

Nancy decides to leave<br />

the company at a time<br />

when she has $600,000<br />

in the 401(k), including<br />

$100,000 from aftertax<br />

contributions.<br />

Thanks to an IRS notice<br />

published in September<br />

(IRS Notice<br />

2014-54), Nancy can<br />

have her plan administrator<br />

transfer $100,000<br />

of aftertax money to a<br />

Roth IRA. Because this<br />

is aftertax money, Nancy<br />

won't owe tax on the<br />

transfer. Inside her Roth<br />

IRA, untaxed growth can<br />

continue.<br />

Once Nancy has met<br />

the five year and age<br />

59½ requirements, she<br />

can withdraw as much<br />

or as little from the Roth<br />

IRA as she wishes without<br />

owing any tax.<br />

In order to qualify for<br />

this tax treatment, Nancy's<br />

Roth IRA transfer<br />

must be part of a distribution<br />

to two or more retirement<br />

accounts. Thus,<br />

she can send $100,000<br />

to a Roth IRA and the<br />

other $500,000 to a traditional<br />

IRA. Nancy won't<br />

owe any tax on these<br />

transfers. However, her<br />

$500,000 traditional IRA<br />

(and any future earnings)<br />

will remain pretax.<br />

Nancy will owe tax on<br />

YOUR FINANCIAL TEAM<br />

IS READY.<br />

Tax & Accounting Services<br />

(207) 783-9111<br />

www.austinpa.com<br />

Auburn- 207-783-9111 Norway 207-743-7777 austinpa.com<br />

in<br />

any withdrawals from<br />

that traditional IRA or<br />

any future conversion to<br />

a Roth IRA.<br />

Beyond 401(k)s, this<br />

strategy can be executed<br />

by taxpayers with aftertax<br />

money in other types<br />

of employer sponsored<br />

qualified plans.<br />

IRA implications<br />

What if Nancy already<br />

had rolled her $600,000<br />

to a traditional IRA? In<br />

that case, any distributions<br />

from that account—<br />

including those for a<br />

Roth IRA conversion—<br />

would be considered a<br />

mix of aftertax and pretax<br />

money. If Nancy had<br />

$600,000 in a traditional<br />

IRA, with $100,000 of<br />

aftertax money, for instance,<br />

a $150,000 Roth<br />

IRA conversion would<br />

be considered $125,000<br />

(5/6) taxable and $25,000<br />

(1/6) untaxed.<br />

Nevertheless, there<br />

can be a way to execute a<br />

tax-free Roth conversion<br />

in that situation.<br />

Courtesy of Austin Associates,<br />

PA, CPAs •<br />

Don’t Mix Wages and Conduct<br />

Courtesy of Rebecca<br />

Webber<br />

One of the more common<br />

wage and hour violations<br />

seen by the Department<br />

of Labor is illegal<br />

wage deductions and failure<br />

to pay employees<br />

when their employment<br />

ends. The law that applies<br />

to deductions from checks<br />

is 26 M.R.S.A. § 626.<br />

According to the law,<br />

an employee leaving employment<br />

must be paid in<br />

full within a reasonable<br />

time after demand at the<br />

office of the employer<br />

where payrolls are kept<br />

and wages are paid...<br />

and any loan or advance<br />

against future earnings or<br />

wages may be deducted if<br />

evidenced by a statement<br />

in writing signed by the<br />

employee.<br />

According to § 626, the<br />

term "employee" means<br />

any person who performs<br />

services for another in<br />

return for compensation,<br />

but does not include an<br />

independent contractor. A<br />

“reasonable time” means<br />

the earlier of either the<br />

next day on which employees<br />

would regularly<br />

be paid or a day not more<br />

than 2 weeks after the day<br />

on which the demand is<br />

made.<br />

If an employee sues, the<br />

employer may not deduct<br />

as a setoff or counterclaim<br />

any money due the<br />

employer as compensation<br />

for damages caused<br />

to the employer's property<br />

by the employee, or any<br />

money owed to the employer<br />

by the employee.<br />

An employer found in<br />

violation of § 626 is liable<br />

for the amount of unpaid<br />

wages and, in addition, a<br />

judgment rendered in favor<br />

of the employee must<br />

include a reasonable rate<br />

of interest, an additional<br />

amount equal to twice the<br />

amount of those wages as<br />

liquidated damages and<br />

costs of suit, including a<br />

reasonable attorney's fee.<br />

What if an employee<br />

tells her employer to just<br />

go ahead and make the<br />

deductions and not to<br />

worry about the signed<br />

agreement? If money has<br />

already been loaned to<br />

the employee, the offer<br />

is tempting but the employer<br />

shouldn’t make<br />

the wage deductions. An<br />

oral agreement will not be<br />

enough under the law and<br />

the employer becomes<br />

dependent on relations<br />

never souring with the<br />

employee.<br />

What if an employee<br />

has just been fired for<br />

damaging company<br />

equipment due to sheer<br />

inattention or sloppiness?<br />

The employer would really<br />

like to hold his check,<br />

or deduct the cost of the<br />

damage, but shouldn’t do<br />

it. While the employer’s<br />

reaction may be justified,<br />

it needs to separate<br />

payment of wages due<br />

to an employee for hours<br />

worked from any money<br />

an employee may owe.<br />

There are other avenues<br />

rather than wage withholding<br />

for recovering<br />

money owed. Deducting<br />

will give the employee a<br />

wage and hour claim that<br />

will multiply the amount<br />

owed plus include the employee’s<br />

attorney’s fees.<br />

When in doubt, pay it out<br />

– or at least give us a call<br />

to find out what to do!<br />

This article is not legal<br />

advice but should be considered<br />

as general guidance<br />

in the area of employment<br />

and corporate<br />

law. Rebecca Webber is<br />

an employment attorney;<br />

others at the firm handle<br />

business and other matters.<br />

You can contact us<br />

at 784-3200 (telephone).<br />

Skelton, Taintor & Abbott<br />

is a full service law firm<br />

providing legal services<br />

to individuals, companies,<br />

and municipalities<br />

throughout Maine. It has<br />

been in operation since its<br />

founding in 1853. •<br />

Run an Ad in the new B2B<br />

section for as little as $60/month! Contact<br />

Jim at 225 - 2076<br />

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GOT A LANDLINE TELEPHONE?<br />

If you still have a<br />

landline telephone and<br />

want to save money<br />

on long distance calls,<br />

we can help!<br />

We service businesses<br />

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