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401(k) rollover to Roth— Tax Question

Posted on 1/12/23 at 1:32 pm
Posted by GeauxldMember
Member since Nov 2003
5501 posts
Posted on 1/12/23 at 1:32 pm
So, my brother calls me with this question and I honestly don’t know the answer. Hoping one of you do.

He rolled over a 401(k) from a previous job to an IRA in 2021, with the intent of converting it to a Roth. He took the tax hit on his 2021 income taxes, but “forgot” to roll the account over to the Roth I had already helped him set up.

Since the rollover, he’s almost doubled his initial investment.

Can he roll the entire amount into the Roth now without any tax implications, or will he— as I’m guessing— face income taxes on the gains of everything beyond the original rollover amount in 2021?

Posted by Fbohn1
Member since Jun 2009
334 posts
Posted on 1/12/23 at 2:11 pm to
I’m not an accountant, nor do I know if my response is 100% correct. But I’m going to tell you what happened with my wife (no pics).

Alos, I’m confused by you saying he already took the tax hit in 2021.

There are, to my understanding, no tax implications when rolling over a 401(k) into a traditional/rollover IRA these are both pretax accounts (or the traditional is deductible on your return I believe). The taxing happens when you convert to a Roth (post-tax contributions, tax-free growth).

So, for round numbers, we converted $60K from previous employers 401K to rollover ira. Then, each year, for 3 years, we converted $20k from rollover/traditional Ira into the Roth IRA. We only paid taxes on $20K each year that we converted.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1800 posts
Posted on 1/12/23 at 2:35 pm to
quote:

He took the tax hit on his 2021 income taxes


Yeah, this part doesn't make a ton of sense. Are you suggesting he deposited the money into the wrong account, then paid the income tax based on the 1099 he received and didn't notice paying marginal taxes on the rollover in April, and STILL forgot to recharacterize it to a Roth? Sheesh... should probably just wash your hands on this one.

If somehow or another he WAS absent minded enough to do all of the above, maybe he can amend to at least file an 8606 to track the cost basis on his IRA so he won't have to pay the full amount, only the prorated amount.

Something tells me either A) there's no helping your brother or B) it's not enough money to pay for an amendment.
This post was edited on 1/12/23 at 2:47 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 1/12/23 at 3:37 pm to
As others have said, something in your scenerio is not right.

If he correctly did a rollover from 401(k) to Rollover/Traditional IRA, there is no tax hit for that.

You pay tax on a Roth Conversion based on whatever the amount rolled is. The exception to that is if there is some post tax dollars (not Roth) somewhere, then there is a pro rata calculation performed to determine how much of the conversion is taxable.

So... if he did the 401(k) to Trad rollover, and then moves that (higher) balance now, he pays tax on that higher balance if he does a conversion on all of it.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 1/12/23 at 3:38 pm to
quote:

Are you suggesting he deposited the money into the wrong account, then paid the income tax based on the 1099 he received and didn't notice paying marginal taxes on the rollover in April, and STILL forgot to recharacterize it to a Roth? Sheesh... should probably just wash your hands on this one.

If somehow or another he WAS absent minded enough to do all of the above, maybe he can amend to at least file an 8606 to track the cost basis on his IRA so he won't have to pay the full amount, only the prorated amount.



If he corectly put the money into the Rollover IRA (either trustee to trustee or within 60 days) and yet somehow paid tax on this, the only way to fix is to amend the return.

If he did not do a correct rollover, and is now trying to stick money into the Trad IRA, he is going to be limited to annual contributions and yes in that case it might be after-tax requring an 8606.
Posted by GeauxldMember
Member since Nov 2003
5501 posts
Posted on 1/12/23 at 3:55 pm to
quote:

Are you suggesting he deposited the money into the wrong account, then paid the income tax based on the 1099 he received and didn't notice paying marginal taxes on the rollover in April, and STILL forgot to recharacterize it to a Roth?


He gave me access to his Vanguard account so I could see what was what.

The rollover check was deposited into the rollover IRA in 9/21. I walked him through opening the Roth around the same time, but did not move any of the rollover money into the Roth account.

After seeing the transactions and talking to him again, he apparently got the 1099, gave it to his bookkeeper, paid the income taxes on that— and still didn’t move the money into the Roth account.

quote:

Something tells me either A) there's no helping your brother or B) it's not enough money to pay for an amendment


A— he’s my brother, and I love him, a disorganized mess though, he is
B- the initial rollover was ~$34K and it’s over $60K now, so it’s not an insignificant amount.
Posted by GeauxldMember
Member since Nov 2003
5501 posts
Posted on 1/12/23 at 4:00 pm to
quote:

If he corectly put the money into the Rollover IRA (either trustee to trustee or within 60 days) and yet somehow paid tax on this, the only way to fix is to amend the return.


That’s exactly what happened. So, now, he’s looking at an amended return to recoup the taxes he paid on the initial rollover, and will have to either roll over the higher amount to the Roth and pay taxes on that amount, or leave it be in the traditional and take the tax hit when he begins taking withdrawals at retirement, correct?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 1/12/23 at 4:14 pm to
quote:

hat’s exactly what happened.


Do you k ow if it was a trustee to trustee rollover or did he get the check and deposit himself in 60 days?

If the former, then the 1099 should have shown nothing taxable and the tax preparer screwed the pooch. If the latter… then the mistake was not telling the preparer what happened, or he told them and they screwed the pooch.

If the preparer screwed up generics to push them to do the amendedreturns at no cost.

Whenever I see a random 1099-R, I always ask, what exactly happened here?
Posted by GeauxldMember
Member since Nov 2003
5501 posts
Posted on 1/12/23 at 5:12 pm to
quote:

Do you k ow if it was a trustee to trustee rollover or did he get the check and deposit himself in 60 days?


It was a check, deposited within the 60 days.

quote:

If the latter… then the mistake was not telling the preparer what happened, or he told them and they screwed the pooch.


Sounds like this is on my brother. He apparently thought the 1099 covered the taxes on the rollover to a Roth, since I had told him he would be taxed on that. He’s not a dumb guy by any means, but he’s definitely out of his element with this sort of thing. I probably should have hand held a little more in retrospect.

quote:

If the preparer screwed up generics to push them to do the amendedreturns at no cost. Whenever I see a random 1099-R, I always ask, what exactly happened here?


I agree the preparer should have asked if there was no explanation on what the 1099 was for (and maybe they did ). Either way, I told him to call his preparer and let them know this was for a rollover, not a distribution. Hopefully they’ll file the amendment at no charge for him. The bigger oof is that his investments are actually outperforming the market and now if he rolls it over to the Roth, he’ll be giving more of it to Uncle Sam. Smh.

Thanks for the help!



Posted by LSUFanHouston
NOLA
Member since Jul 2009
40259 posts
Posted on 1/12/23 at 6:58 pm to
quote:

The bigger oof is that his investments are actually outperforming the market and now if he rolls it over to the Roth, he’ll be giving more of it to Uncle Sam. Smh


We call that a life tax.

Somewhat helping him is that the 2023 tax brackets are wider than 2021 so that will help lessen the sting on the tax on the earnings.
Posted by r3lay3r
EBR
Member since Oct 2016
2418 posts
Posted on 1/12/23 at 8:48 pm to
Taxes on the entire roll-over amount.
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