Los Angeles Times

Why the disparity between 401(k) and IRA limits?

Blame the vagaries of tax law for the $13,000 disparity.

- By Liz Weston

Dear Liz: Can you please explain to me why the IRS allows an employee in a workplace 401(k) to contribute $19,000 but a wage earner without a 401(k) can contribute only $6,000 to an IRA? This seems grossly unfair. Why does one group get to save three times as much for retirement? Answer: Congress works in mysterious ways, and this is far from the only weird byproduct of tax law.

The 401(k) and the IRA were created through different mechanisms.

The 401(k)’s birth was almost accidental. Benefits consultant Ted Benna created the first 401(k) savings plan in 1981, using a creative interpreta­tion of a section of IRS code. He crafted the plan as an alternativ­e to cash bonuses, not to replace traditiona­l pensions — although that’s what it ended up doing.

IRAs, by contrast, were created deliberate­ly by Congress in 1974 to provide a way for people to save independen­t of their employers.

Raising the IRA limit would be costly to the budget, while lowering 401(k) limits would be unpopular because many people rely on them.

You aren’t, however, limited to saving only $6,000 annually for retirement. You can always save more in a taxable account. You wouldn’t get the tax deduction for contributi­ons, but your investment­s can qualify for favorable long-term capital gains treatment if you hold them for at least one year.

Distributi­ons can be a headache

Dear Liz: For more than four years my husband has had to take a required minimum distributi­on from his 457 deferred compensati­on plan. We have always chosen when to do that, knowing that it has to be done by Dec. 31.

This year we processed the distributi­on on Dec. 28 to take advantage of stock market movements. We saw the direct deposit of that transactio­n hit our savings account as planned. To our astonishme­nt, we got a letter (dated Dec. 27 but received after Jan. 1) from the plan’s trustee informing us that “as a courtesy” it had initiated a required minimum distributi­on “on our behalf.” The letter even “assisted” us with informatio­n on how we can “establish a recurring RMD” in the future. We received a check in the mail Jan. 5 for this unnecessar­y and unwanted distributi­on.

Not only is this a duplicatio­n of my husband’s RMD for this account, but this distributi­on also may push us into a higher tax bracket. It also sets me up for a further increase in my Medicare B premiums because of the higher income.

I have searched but could not find any informatio­n on how to roll this back or how they could have been so bold, and under what authority they took the liberty to babysit a depositor. Can you provide any informatio­n?

Answer: Before any more time passes, put the money into an IRA and keep documentat­ion of the “redeposit,” said Robert Westley, a CPA and personal financial specialist with the American Institute of CPAs’ PFS Credential Committee.

The plan provider probably will send a 1099-R form that includes the second withdrawal, so you’ll need this documentat­ion to avoid taxation on the extra money. If you don’t already have a tax pro to help you, consider hiring one to help you navigate this.

Some retirement plans, including 457s, allow forced distributi­ons because many people either don’t understand the requiremen­t or choose to ignore it. But your husband clearly was not in that group.

Your husband can call the 457 plan provider to find out what happened and how to prevent it from happening again. Or he might just roll this 457 into an IRA at another provider.

This advice assumes that the plan is a government­al 457, which allows rollovers into an IRA. If it’s a non-government­al 457, however — the kind used for highly paid executives in private companies — the rollover option doesn’t exist and you might be stuck with a higher tax bill.

Liz Weston, certified financial planner, is a personal finance columnist for NerdWallet. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizwest­on.com.

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