Your Backdoor Roth IRA May Be Closing
What Is a Backdoor Roth IRA Conversion?
A backdoor Roth IRA conversion is a method used by higher income individuals to bypass the Roth IRA income limits established by the Internal Revenue Service (IRS). The “backdoor” route can be accessed no matter how high your income might be.
To create a backdoor Roth, retirement savers must convert all or part of a pre-existing retirement account. This action effectively opens a Roth IRA and contributes to the account at the same time.
Reasons to create a backdoor Roth IRA might include expectations for a higher future income, sudden wealth, a new financial strategy, changing family structures, and many others.
The benefits of Roth IRA can be immense. However, the price to create a backdoor Roth IRA can be steep. This is due to the fact that funds directed to Roth IRAs are taxed at the time of contribution, not at the time of withdrawal. This means that making a big contribution all at once, as is often the case when creating a backdoor Roth IRA, can mean that there is abruptly a large chunk of money on which you owe taxes.
Here’s where things get confusing: some of the retirement accounts that you are converting may contain pre-tax dollars, others may contain after-tax dollars, and some may contain a combination of both pre-tax and after-tax dollars. The pro rata rule governs how these mixtures of funds should be treated at the time of conversion in terms of taxes.
Congressional Proposal
On September 13, 2021, the House Ways and Means committee released legislative text and an explanation of proposed new rules that would change the Roth landscape.
Elimination of Backdoor Roth IRAs and Mega Backdoor Roth IRAs
Effective in 2022, after-tax amounts in IRAs could not be converted to Roth IRAs. This rule would apply to all taxpayers regardless of their level of adjusted gross income. This rule would eliminate the Backdoor Roth IRA, as amounts contributed to a nondeductible traditional IRA (the first step of a Backdoor Roth IRA) could not be converted to a Roth IRA.
The bill would also eliminate after-tax contributions to qualified plans. As a result, workplace plans such as 401(k)s could no longer offer the Mega Backdoor Roth.
Effect on 2021 Backdoor Roth IRAs
In a twist, the new rule would effectively impose a deadline on all 2021 Backdoor Roth IRA planning: December 31, 2021. If the new law is passed, both the nondeductible traditional IRA contribution step and the Roth conversion step for a Backdoor Roth IRA would need to be completed by 2021 in order to do a 2021 Backdoor Roth IRA.
Usually, the deadline to worry about from a Backdoor Roth IRA perspective is the deadline to make the nondeductible traditional IRA contribution, usually April 15th of the following year. There is no particular deadline to complete the Roth conversion step. By prohibiting Roth conversions of after-tax money in traditional IRAs beginning January 1, 2022, Congress effectively makes December 31, 2021 the deadline to execute the Roth conversion step of a 2021 Backdoor Roth IRA.
Elimination of Roth Conversions for High Income Taxpayers Beginning in 2032
The legislative proposal also eliminates Roth conversions in any year a taxpayer’s adjusted taxable income is $400K (single filers) or $450K (married filing joint) starting in the year 2032.
A couple of observations about this rule. Taxable Roth conversions (such as the so-called Roth Conversion Ladder strategy) are usually executed during early retirement before collecting Social Security. Those years often have artificially low taxable income, so a high income cap on the ability to do a Roth conversion is a rule without consequence.
Second, you might be wondering: why the heck are they changing the tax law 10 years in the future? Why not now? The answer lies in how Congress “scores” tax bills. Taxable Roth conversions, particularly in the near term, increase tax revenue. An immediate repeal of Roth conversions would “cost” the government money in the new few years. But by delaying implementation for 10 years, Congress is able to predict that taxpayers, facing a future with no Roth conversions, will increase Roth conversions in 2030 and 2031, increasing tax revenues in those years.
Outlook
Congress is closely divided. There is absolutely no guarantee this bill will pass both houses of Congress and be signed by the President. That said, these proposed rules are now “out there” and being “out there” is the first step towards a tax rule becoming law.
About the Author
Erik Barnes, CFP®, is a fee-only financial advisor serving clients locally in Naperville, IL, and the surrounding Chicagoland area and throughout the U.S. He is a member of XY Planning Network, a group of fee-only financial advisors who focus on serving those in Gen X and Gen Y, as well as NAPFA, Fee-Only Network, and the Financial Planning Association. Erik has worked in financial planning for 20 years and takes great pride in helping clients on the road to retirement. When he’s not building financial plans, you can find Erik tinkering with his fantasy football roster or checking out one of the many food spots in Chicagoland.
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