Tax Tip of the Week

Don't overlook the Roth five-year holding requirement
The new, less restrictive rules in effect this year for Roth conversions may have you pondering whether now's a good time to convert your traditional IRA funds to a Roth IRA. While your decision involves many factors, one wrinkle to consider is the five-year holding period for converted assets.
The time limit has nothing to do with distributions of regular contributions from your Roth. As you know, you can withdraw regular contributions at any time, tax- and penalty-free, no matter your age. That's because you deposit those amounts into your Roth using money on which you've already paid income tax.
Rather, the five-year holding period comes into play when you're under age 59½ at the time you make a Roth conversion. In that case, you'll generally have to wait five years (or until you turn 59½, whichever comes first) before you can pull the "conversion assets" out penalty-free.
When you fail to meet the five-year rule, the penalty is the same 10% you'd pay if you took an early withdrawal from your traditional IRA. That's the purpose of the five-year rule — to discourage premature distributions from retirement accounts.
Once you reach age 59½, the 10% penalty disappears, though the five-year holding period for converted assets may still apply. For example, say you use the conversion to fund an initial Roth. During the first five years your new account exists, you'll pay ordinary income tax on withdrawals of the income earned from the converted amounts.
The five-year holding period can also affect your beneficiaries. For instance, if you had no prior Roth account before making a conversion, your beneficiaries will pay ordinary income tax on distributions of earnings. However, they can withdraw converted amounts with no federal income tax or penalty.
Give us a call at (949) 453-1521 or email us at taxalert@maxwellcompany.com to discuss this and other Roth conversion rules. We're ready to help.

June 2010
Two financing options for your business: equity and debt
Start-up businesses and long-established firms share common ground in at least one respect: the need for financing. Managers of fledgling companies often debate the best way to obtain funds for buying inventory, heavy equipment, and buildings for making widgets. In the break rooms and suites of Fortune 500 firms, executives also discuss the best ways to cover cash shortfalls and meet capital needs.
Business financing generally comes in two flavors: equity and debt. For small businesses, equity financing often takes the form of contributions by family members, friends, business associates, and investors. For business owners, the biggest drawback to equity financing is loss of control. If Uncle John pumps his savings into your newly formed company, he may want a substantial voice in its day-to-day operations, whether or not he understands your industry or business model. On the plus side, equity contributions may be easier to procure than bank loans or other forms of financing.
Without an established track record, businesses may struggle to obtain debt financing. To extend a loan, a lender must be willing to risk the institution's funds on your business. Loan terms generally compensate for this risk by stipulating an interest rate that reflects the lender's estimate of your credit worthiness. If the lender thinks your firm may struggle making the loan payments, expect a higher rate.
From a business owner's perspective, the signing of loan agreements also carries risk. That's why it's wise to proceed slowly. Take time to develop a formal business plan, cash flow projections, and a realistic picture of the firm's needs. Determine whether alternate forms of financing may be available. Remember that failure to make timely loan payments may adversely affect your company's ability to obtain future financing.
In general, a company should use debt financing for capital items such as plant and equipment, computers, and fixtures that will be used for several years. By incurring debt for such items, especially when interest rates are low, a firm can release operating cash flows for day-to-day operations or new opportunities. For short-term needs, consider establishing a line of credit.
Regardless of the form of financing chosen, all businesses must produce a product or service that others want to buy. Debt should be viewed as a tool — one of many — to help your company thrive.

What is a FBAR and do you need to file?

Remember the FBAR!
No, it's not a reminder for law school students or a rallying call for a historical event. FBAR is the acronym for the Report of Foreign Bank and Financial Accounts, a form you have to file each year by June 30 if you have an interest in a foreign bank or brokerage account.
The filing requirement applies to accounts with a combined value of $10,000 or more at any point during the calendar year. Be aware it's the value of the accounts that matters, not how much income, if any, that you receive.
You may also have to file an FBAR if the bank or brokerage holding the account will dispose of the assets based on your signature — even if you never use this power.
As an illustration, say you're a co-signer on the financial account of a relative in a foreign country. Though you may have this "signature authority" simply as a precaution in case of emergency, under present rules you could be required to report information about the account.
In addition to your personal accounts, FBAR regulations extend to estates, trusts, corporations, partnerships, and other businesses, such as your LLC.
Though there is generally no extension available for the FBAR, Treasury has issued relief related to due dates and filing requirements in certain situations. Please call for the latest information.