Yet another federal court has held the Corporate Transparency Act (CTA) to probably be unconstitutional. There has been a flurry of activity in the federal courts in the past few weeks leading to a nationwide injunction against the enforcement of the Corporate Transparency Act (CTA.) Career Colls. & Schools of Texas v Department of Education, 98 F.4th 220 (Fifth Circuit Court of Appeals, December 2024.) Yet another federal District Court, also from Texas, chimed in last week to also enter a nationwide injunction against the CTA.

A surviving spouse who inherits their deceased spouse’s IRA can continue that inherited IRA (not roll it over) and gain some new benefits.

There is one way in which to separate the cream from the coffee if an individual’s goal is to roll over funds from a traditional IRA to a Roth IRA and not incur any income tax on the rollover.

In the past we have touched on the creative planning that can arise using a beneficiary deemed owner trust, or BDOT. This missive will address how such a classification might be used in conjunction with a qualified terminable interest property trust, or QTIP Trust. With a successful BDOT the primary beneficiary of the Trust is the owner of the Trust’s assets for federal income tax purposes.

Many qualified plan sponsors are now adding a Roth 401(k) feature to their basic 401(k) plan. That feature makes it easier for a younger plan participant to convert their basic 401(k) account to a Roth 401(k) account and enjoy tax-free earnings on that account. Despite the benefits of such an in-plan conversion, there are a couple of drawbacks that need to be considered before an in-plan Roth 401(k) conversion takes place.

Individuals who are considering a move to an assisted living environment might also consider making a Roth IRA conversion at the same time to avoid paying any income taxes on the Roth conversion.

The favorable contribution rules to an ABLE account, which allowed a disabled individual to save money in a tax-advantaged account without losing eligibility for federal aid, created by the 2017 Tax Act, are set to expire in 2026.

Buried inside the SECURE Act 2.0 Proposed Regulations is a potential ‘trap’ for some surviving spouses. The Proposed Regulations require a surviving spouse to take a required minimum distribution (RMD) of the deceased spouse’s retirement account before the surviving spouse can engage in a spousal rollover. The Proposed Regulations call this either a catch-up or hypothetical RMD. Apparently, the IRS discovered a ‘loophole’ in the distribution rules that could be exploited by a surviving spouse. (God forbid a widow or widower might find a small tax break in the IRS’s world!).

There are peculiar rules associated with excess retirement plan contributions, and especially that rules that provide when the earnings on those excess contributions must be reported by the account owner. There is also a remote possibility of double taxation of the excess contribution and its earnings.

Making an irrevocable trust a beneficiary owned trust (BDOT) circumvents the high-income tax rate faced by the trust.