Page 13 - Investment Advisor - December 2021
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eliminating access to brokerage advice   view — not the law — that in the vast   Administration, told senators on Oct. 7
                for smaller retirement accounts, impact-  majority of cases an individualized sug-  that “there’s nothing that is more cen-
                ing an estimated 10.2 million  accounts   gestion should trigger fiduciary status.”  tral to ERISA than defining who is a
                and $900 billion in savings.”       If Labor “again requires the appli-  fiduciary.”
                  Mason and Lopez further state that   cation of a fiduciary  duty standard to   During her confirmation hearing
                under the 2016 rule, “any individualized   virtually all investment assistance, low   before the Senate Health, Education,
                suggestion by a financial professional   and middle-income investors will lose   Labor and Pensions Committee, Gomez
                regarding retirement plan or IRA invest-  significant access to brokerage ser-  — who will be central in helping Labor
                ments or distributions would trigger   vices — generally, the only source of   craft a new fiduciary rule — said that if
                fiduciary status.”                personalized assistance for them and a   confirmed, she looks forward to work-
                  The widespread expectation that   model that historically has helped many   ing with the Securities and Exchange
                a new Labor Department rule “will be   savers achieve their financial goals,   Commission as well as with Labor “to
                largely resurrected is based both on infor-  especially those with more modest sav-  be briefed on the efforts of looking at
                mal discussions by DOL officials and on   ings,” Mason and Lopez said.  the definition of a fiduciary in differ-
                language in the preamble to Prohibited   Lisa Gomez, President Joe Biden’s   ent contexts, and taking another look at
                Transaction Exemption 2020-02,” they   pick to head the Labor Department’s   the conflict of interest rule and how it
                state.  “The  preamble  set  out  DOL’s   Employee  Benefits  Security  would apply in different situations.”


                IRS Posts 401(k), IRA Limits for 2022                                   place  retirement  plan,  the  phase-
                                                                                        out range is increased to $109,000
                    he Internal Revenue Service   affecting dollar limitations for pen-  to $129,000, up from $105,000 to
                Tannounced in early November that   sion plans and other retirement-related   $125,000.
                the amount individuals can contrib-  items for tax year 2022 in Notice 2021-  •  For an IRA contributor who is not
                ute to their 401(k) plans in 2022 has   61. It also boosted the income ranges for   covered by a workplace retirement
                increased to $20,500, up from $19,500   determining eligibility to make deduct-  plan and is married to someone who
                for 2021 and 2020.                ible contributions to traditional IRAs   is covered, the phase-out range is
                  The limit on annual contributions to an   and Roth IRAs, and to claim the Saver’s   increased to $204,000 to $214,000,
                IRA remains  unchanged at $6,000. The   Credit in 2022.                 up from $198,000 to $208,000.
                IRA catch-up contribution limit for indi-  Taxpayers can deduct contributions   •  For a married individual filing a
                viduals aged 50 and older is not subject to   to a traditional IRA if they meet certain   separate  return  who is  covered  by
                an annual cost-of-living adjustment and   conditions. “If during the year either   a  workplace  retirement plan,  the
                remains $1,000, the IRS said. The catch-  the taxpayer or the taxpayer’s spouse   phase-out range  is  not subject  to
                up contribution limit for employees aged   was covered by a retirement plan at   an annual cost-of-living adjustment
                50 and over who participate in 401(k),   work,  the deduction may  be reduced,   and remains $0 to $10,000.
                403(b), most 457 plans, and the federal   or phased out, until it is eliminated,   •  The income phase-out range for
                government’s Thrift Savings Plan, also   depending on filing status and income,”   taxpayers making contributions to
                remains unchanged at $6,500.      the IRS explained.                    a Roth IRA is set to be $129,000
                  Thus, the IRS said, “participants in   If neither the taxpayer nor the   to $144,000 for singles and heads
                401(k), 403(b), most 457 plans, and the   spouse is covered by a retirement plan   of household in 2022, up from
                federal government’s Thrift Savings   at work, the phase-outs of the deduc-  $125,000 to $140,000.
                Plan who are 50 and older can contrib-  tion do not apply.            •  For married couples filing jointly,
                ute up to $27,000, starting in 2022.” The   The phase-out ranges for 2022 are:  the income phase-out range is being
                catch-up contribution limit for employ-  •  For  single  taxpayers  covered  by   increased to $204,000 to $214,000,
                ees  aged  50  and  over  who  participate   a workplace retirement plan,   up from $198,000 to $208,000.
                in SIMPLE plans remains unchanged     the phase-out range is increased   •  The phase-out range for a married
                at $3,000.                            to $68,000 to $78,000, up from    individual filing a separate return
                                                      $66,000 to $76,000.               who makes contributions to a Roth
    Adobe Stock  The IRS also issued technical guidance   ly, if the spouse making the IRA   of-living adjustment and remains at
                                                                                        IRA is not subject to an annual cost-
                OTHER MATTERS
                                                    •  For married  couples  filing joint-
                                                                                        $0 to $10,000.
                regarding all cost-of-living adjustments
                                                      contribution is covered by a work-
                                                                                      DECEMBER 2021 INVESTMENT ADVISOR 11
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