RMDs, Venmo Reporting and Other Tax Issues to Watch Now: Jeff Levine

Analysis November 22, 2023 at 02:07 PM
Share & Print

The end of each year brings many tax planning opportunities for financial advisors and their clients, and according to Jeff Levine, Kitces.com's lead financial planning nerd and Buckingham Wealth Partners' chief planning officer, late 2023 is no exception.

Speaking during a tax-focused webinar a few days ahead of Thanksgiving, Levine said there was a lot for financial advisors and their clients to be grateful for this year, even with some big lingering challenges in the markets and questions about what 2024 may bring. Inflation, while high, has slowed, and retired investors can now reliably source higher-yielding income portfolios with less risk.

As Levine noted, some tax planning considerations apply each year, from taking the correct required minimum distributions to ensuring proper withholdings on earned income and investment returns. However, there are also unique items to consider in any given calendar year that depend on recent market movements, anticipated government actions and individual clients needs.

According to Levine, the end of 2023 represents a particularly active time when it comes to tax mitigation considerations, due in no small part to the friendlier markets and to anticipated changes in tax laws that will take effect with the sunsetting of key provisions of the Tax Cuts and Jobs Act at the end of 2025.

Unless Congress takes action in the interim, this means clients have about two years to consider, study and enact various estate planning techniques that may either be reduced or entirely eliminated come 2026. Add these considerations to the normal yearly burden of tax management and the coming 12 to 24 months will undoubtedly be a "tax crunch time," Levine warned.

Year-End Roth Conversions

As Levine emphasized, by this time in the year, an advisor should be able to reasonably estimate most clients' adjusted gross income and taxable income for 2023.

This means advisors and their clients can now begin to make a reliable call as to whether 2023 represents a low marginal rate year for a given individual or couple, which in turn allows the advisor to assess the attractiveness of Roth conversions. Speaking generally, Roth conversions will be attractive in years when a client has lower earned income and can therefore pay the lowest potential rate on assets being converted.

Ideally, Levine said, a client will have cash on hand to pay the tax on the conversion without having to liquidate any investments, but there are also times when it may still make sense to convert and pay the taxes with the proceeds.

As Levine pointed out, a Roth conversion strategy can have many benefits for the original account owner during life, but many clients also overlook the potential upside for account beneficiaries after the original account owner's death.

As in prior years, the final quarter of 2023 represents a great time for advisors to engage their clients in these deeper planning conversations, Levine suggested.

Tax Loss Harvesting

According to Levine, over the past several years, the provision of tax-loss harvesting services to advisory clients has become "table stakes."

As such, he warned advisors on the line that, if they are not already engaged in some level of fairly sophisticated tax-loss harvesting, they are falling behind the industry standard.

While loss-harvesting actions can be most powerful during years with bigger market losses, advisors with the right approach can still help to significantly reduce their clients' tax burdens in mixed market years such as 2023. Doing so, Levine said, often involves proactively harvesting interim losses throughout the year, including in November and December.

"Keep an eye on year-end capital gains distributions," Levine recommended. "Also, watch out for wash sales, and consider locking in any crypto losses."

Levine also recommended that advisors and clients carefully evaluate the potential to make tax-efficient bond swaps, but they must be mindful of the tax rules when buying bonds with a market discount.

Medicare Open Enrollment

As Levine noted, on a nationwide basis, the average monthly premium for Medicare Part D prescription drug coverage is set to decrease slightly in 2024, and the small reprieve is due to a variety of factors including key policy changes made as part of the Inflation Reduction Act.

This will be welcomed news for many retirees who are living on a fixed income, especially given the relatively modest 3.2% Social Security cost-of-living adjustment set for 2024, but research shows the average decline in Part D premiums actually masks a dramatic increase anticipated in several states with sizable retiree populations, namely California, Florida, New York, Pennsylvania and Texas.

"This is a good time to review Part D coverage for changes in formularies," Levine recommended. "Is it worth switching from Medicare Advantage to traditional Medicare? Or to switch from traditional Medicare to Medicare Advantage?"

Venmo, PayPal Reporting

As Levine pointed out, the IRS recently issued Notice 2023-74, which delays the new $600 Form 1099-K reporting threshold.

Under the notice, reporting will not be required unless a taxpayer receives over $20,000 and has more than 200 transactions in 2023. As Levine noted, the IRS is planning for a threshold of $5,000 for tax year 2024 as part of a phase-in to eventually implement the $600 reporting threshold.

Eventually, Levine explained, the "$600 rule" means if the payments a client received for goods or services through third-party payment networks like Venmo, PayPal, Amazon and Square exceed $600, they will receive a 1099-K to use when filing their federal income tax return.

SALT Tax Considerations

As Levine recalled, the state and local tax (SALT) deduction permits taxpayers who itemize when filing federal taxes to deduct certain taxes paid to state and local governments.

In 2017, the Tax Cuts and Jobs Act capped the SALT deduction at $10,000 per year, consisting of property taxes plus state income or sales taxes, but not both. Naturally, this has resulted in higher tax burdens for many Americans who formerly relied heavily on the SALT deduction to lower their adjusted gross income.

While challenges remain, Levine said SALT workarounds are now available in more than 30 states, and they are well worth an advisor's time to understand — especially when it comes to serving clients in California, New York, New Jersey, Illinois, Texas and Pennsylvania.

The workaround rules vary by state, but they generally involve the use of pass-through entities that allow owners to allocate their share of the tax payment on their K-1. Such owners, in turn, get a corresponding benefit on their personal income tax return.

Inherited IRAs and RMDs

According to Levine, with the issuance of IRS Notice 2023-54, the Internal Revenue Service has reassured IRA beneficiaries subject to the 10-year rule that they do not need to take required minimum distributions in 2023 from accounts they inherited in 2020 or later.

The agency also gave extra time for IRA owners turning 72 who unnecessarily started RMDs this year to return the money to their accounts.

Secure 2.0 Act Implementation Continues

In closing the webinar, Levine turned to a topic that he said most advisors probably think about as old news but which continues to evolve in 2023 and 2024: the implementation of the Setting Every Community Up for Retirement Enhancement (Secure) 2.0 Act legislation.

"There are yet more Secure 2.0 provisions that will become effective in 2024," Levine pointed out. "These include the 10% retirement account withdrawal penalty exception for domestic abuse survivors, which applies to IRAs and employer plans."

Such a distribution must be taken within the year following the incident of abuse, and distributions repayable for income tax purposes for up to three years.

The law's "emergency expenses" exception to the 10% early withdrawal penalty also takes effect in 2024. It is limited to a maximum of $1,000 per year "if and only if any prior emergency withdrawal distribution has been fully repaid," or if contributions to the account since the previous emergency withdrawal exceed that amount.

Short of these two requirements, a further penalty-free emergency withdrawal can be taken if three or more years have passed since the previous withdrawal.

Pictured: Jeff Levine 

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center