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An Introductory Legal Guide to Individual Retirement Accounts (IRAs)

Posted onJanuary 19, 2024January 19, 2024AuthorInna FershteynComments Off on An Introductory Legal Guide to Individual Retirement Accounts (IRAs)

Retirement marks a significant milestone for working-class Americans, promising the allure of leisure and freedom from the constraints of full-time work. While the vision of this newfound freedom is captivating, the often-overlooked facet is the indispensable need for financial security during this life stage. Planning for a period where a steady income may wane is vital to ensure that retired life aligns precisely with one's envisioned lifestyle. Many individuals rely on social-security benefits for survival in retirement, yet, this assistance, while beneficial, may not suffice to maintain the pre-retirement lifestyle. It is here that Individual Retirement Accounts (IRAs) come to the forefront. This article is a legal guide, delving into the intricate landscape of IRAs from the outset, exploring how these accounts, embedded in the legal framework, provide a pathway to financial security and a thriving retirement.

Investing in IRAs

What is An IRA?

An individual Retirement Account (IRA) is an account established at a financial institution, that enables individuals to save for retirement while benefiting from tax-free growth, or on a tax-deferred basis.  

Types of IRAs

There are two main types of IRAs, traditional, and Roth IRAs. Each offers its own unique benefits.

Traditional IRAs work by contributing to the account with potentially tax-deductible funds on one’s tax returns, as such, any earnings an individual contributes has the opportunity to grow tax-deferred until they decide to withdraw them during retirement. 

The next type of IRA is a Roth IRA. Individuals contribute to Roth IRAs via their post-tax income, which allows for their investments to grow tax-free, as well as tax-free withdrawals, so long as the individual meets and maintains a set of predetermined conditions. 

Why You Need an IRA

Beyond simply providing an account to save for retirement, IRAs come with a number of additional perks. The most prevalent of such might be the tax advantages. The funds put into a traditional IRA are tax deductible, thus allowing the individual to reduce their taxable income for the year, and possibly reallocate money that would have been paid toward income tax, towards their future. 

On the other hand, with the investments made to a Roth IRA, the individual contributes post-tax income, as such, their investment returns grow tax-free.  When the individual decides to withdraw money during retirement, they will not owe any taxes, thus supplying a tax-free income.

Beyond the tax benefits exists the possibility of money growing beyond the initial investment. IRAs offer the additional benefit of enabling compound interest to enhance investments. If an individual begins investing in their IRA early and remains consistent to retirement, the compounding interest can considerably increase savings. 

An IRA is essential for the additional benefit of enabling compound interest to enhance your investment. Your IRA investments may earn income over time, and those earnings may in turn produce additional income. If you start saving early and continue consistently over the years, the compounding impact can considerably increase your savings.

Additionally, an IRA offers you a variety of investment possibilities. Individuals can invest in a number of assets with an IRA, as opposed to a standard savings account.  These include stocks, bonds, mutual funds, and more. By managing investments wisely, individuals can build a portfolio that is well-balanced, diversified, and in line with their retirement goals. 

 Finally, an IRA gives you power and flexibility over your retirement resources. IRAs are individual accounts, not employer-sponsored retirement plans like 401(k)s. With this being said, within the pre-determined contribution outlines determined by the government, individuals are free to select what institution, and how much they contribute to their retirement. With this freedom, individuals can cater their savings to suit their individual needs and plans.  

Understanding IRAs in a Legal Context

At the heart of effective retirement planning is an understanding of Individual Retirement Accounts (IRAs) in a legal context. Attorneys specializing in estate planning, such as Inna Fershteyn, can provide essential insights into the legal implications of establishing and managing IRAs.

Types of IRAs with Legal Implications

Traditional and Roth IRAs come with their own legal nuances, and attorneys play a crucial role in guiding individuals through the complexities. They assist in navigating tax-deductible contributions, tax-free growth, and the conditions for tax-free withdrawals associated with Roth IRAs.

Legal Aspects of Tax Benefits

The tax advantages of IRAs hold legal significance, and attorneys can help individuals optimize their financial strategies within the bounds of the law. Whether it's reducing taxable income through traditional IRAs or ensuring tax-free withdrawals from Roth IRAs, legal counsel adds precision to these financial decisions.

Legal Counsel on Compound Interest and Investments

Attorneys highlight the legal aspects of money growing beyond the initial investment through IRAs. They emphasize the role of compound interest in enhancing investments and guide individuals in managing a well-balanced and diversified portfolio within legal boundaries.

Required Minimum Distributions 

Required Minimum Distributions (RMDs) is the required minimum amount an individual must deduct from a tax-deferred retirement account, each year, once the individual reaches a certain age. In the United States, RMDs begin the year after an individual turns 72. 

The required minimum distribution amount will vary based on age and year. The IRS provides enrollees with a Uniform Lifetime Table which assigns a distribution period based on age. The RMD can then be calculated by dividing the account balance as of December 31st of the previous year, by the distribution period from the table. For example, for an individual who is 79 years old, and has an account balance of 300k, the RMD would be $14,218 (300,000/21.1). 

Penalties for Missed RMD

Failure to take the full RMD by or before the required deadline may result in a penalty of up to 50% of the amount that should have been withdrawn. 

Relief for 2023 IRA RMDs

With the passing of the Secure 2.0 Act, there have been significant changes made in requirements for individuals with IRAs, relative to their RMDs, and penalties that may have been levied against them.

Individuals who turned 72 in the year 2023, under the previous RMD rules, would have been required to make their first withdrawal by April 1st, 2024. However, under the new rules, these individuals will not have to make their first withdrawal until April 1st, 2025, as the age to start making required minimum distributions, has been raised from 72 to 73. 

How An Attorney Can Help

IRA planning can be a very daunting task. While they serve a great purpose for retirement planning, the complexities, and changes to various estate laws can make the process much more difficult for the untrained individual. Seeking out the services of an estate planning attorney like Inna Fershteyn can help you navigate the complexities of IRAs and ensure that your financial input aligns with your long-term objectives. With the assistance of Inna Fershteyn, you can rest easily, Knowing that your financial future is secured. Contact the Law Office of Inna Fershteyn at 718-333-2394, for more information.

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CategoriesEstate PlanningTagsAttorney, estate, individual retirement account, IRA, Retirement, Savings

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