Oxford Hills Observer - Turner Publishing Inc.
Oxford Hills Observer - Turner Publishing Inc.
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 />
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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 />
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