Authored by: Troy Martin, CPA, Shareholder. Troy specializes in advance tax planning for individuals, businesses, estates, trusts, and pension plans.
With the passage of HR4853 by the House and Senate and the likelihood of President Obama signing the bill into law, an expired provision for taxpayers over 70 1/2 allowing them to pay their required minimum distributions directly to a charity has been extended retroactively for the 2010 tax year. Under IRC 408(d)(8) a taxpayer can make a contribution to a qualified charity allowable under IRC section 170 in lieu of taking their required minimum distributions. This allows the taxpayer to avoid including the income from the distribution in adjusted gross income (AGI). The ability to reduce AGI may reduce the amount of Social Security income that must be taxed therefore saving income taxes on the Social Security benefits received.
The Laws:
Required Minimum Distributions (RMDs):
Annual minimum distribution from traditional IRAs, SIMPLE IRAs, and SEPs must begin by the year the taxpayer reaches 70 1/2. Taxpayers can choose to delay receipt of the first distribution until April 1st of the year filing the year they turn 701/2. Thereafter, the RMD for each year must be made by December 31. If the first distribution is delayed until April 1st of the following year, the second distribution must be made by December 31 of that year. A qualified plan (other than a SEP) account is not subject to the RMD rule until the year the participant retires, even if after age 70 1/2. However this RMD exception doesn’t apply to participants who are more-than-5% owners of the business sponsoring the qualified plan.
Taxable Social Security Benefits:
A portion of Social Security benefits is taxed if income above a “base amount” which is based on filing status. If combined income for a single taxpayer is between $25,000 (base amount) and $34,000, up to 50% of benefits are taxable. If combined income for a single taxpayer is above $34,000, then 85% of benefits are taxable. If the combined income for married taxpayers is between $32,000 and $44,000, up to 50% of the benefits are taxable. If combined income for married taxpayers is above $44,000, then 85% of benefits are taxable.
Planning opportunities:
Taxpayers who have reached 70 1/2 can make a distribution of up to $100,000 directly (by the trustee) from their IRA to a charitable organization for tax years ending December 31, 2010, 2011 and 2012. In addition, taxpayers have until February 1, 2011 to make any distributions to qualified charities and have it count as though it was made on December 31st 2010. This distribution will count towards the taxpayer’s required minimum distribution if they contribute the amount of the RMD. For those taxpayers who plan to donate to charities each year can use this technique to lower their AGI to avoid showing income over the Social Security “base amount” therefore avoid paying tax on their Social Security benefits. If you are 70 1/2 and donate to a charity every year you may want to contact your tax advisor to see if using this strategy may help you avoid paying taxes on your Social Security Benefits.


Cook Martin saved us over a hundred thousand dollars in taxes.



