Rolling into an employer plan to postpone RMDs

So we have the owner of a small business - highly compensated (and still working 60-70 hrs a week sometimes!) who has just turned 70. The small business has had a profit sharing plan and he's accumulated substantial assets therein.

He's just sold the company to a much much larger company with the arrangement that he'll continues to work full-time for the next two years, then finally retire.

Now here's what I'm hoping will do him a lot of good, and I'm hoping folks out there who've handled something similar can offer comment.

He'd planned on rolling out the existing profit-sharing into an IRA, since with the buyout, the existing plan will cease to exist. But of course, he's just turned 70 and next year will face RMDs (or a double RMD if he puts it off until Apr 2011) from the IRA.

Instead, we're considering having him roll the profit sharing plan into the new firm's 401k. Since post-buyout, he's no longer a >5% owner of the firm, he is now eligible to put off the RMDs on the bulk of his retirement money until after he actually retires two years from now.

He'll still have to take RMDs from the outside IRA he already has. But now, the big RMDs will be able to be put off until he's actually retired and his income drops very substantially. By putting off the RMDs on the biggest part of his retirement savings, and taking them later on at a lower tax bracket, this plan should save him many thousands of dollars versus what he'd pay had he simply rolled the old plan into an IRA.

This is probably not all that common a situation - it's the result of the combination of working to an older-than-average age, having accumulated a very substantial employer-based retirement plan balance, and having sold out to a large enough company (ie. so he's no longer >5% owner) just in time to not have to start taking the RMDs from the existing plan.

Has anyone worked with someone who's done something similar? Any pitfalls?

The worst possible thing would be if somehow putting of the RMDs was disallowed and he gets hit with the "didn't take your RMD" penalty, which is one of the worst IRA penalties out there -- 50% of the skipped RMD. We want to make sure there's nothing we miss on this.

Thanks for all input or suggestions.

Reply to
BreadWithSpam
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I don't have any advice I can give, but tell that guy fair play, he sounds like a devil of a worker. Better suggest giving him a 'hobby' after he retires, or else he'll be very unhappy (and a lot of hard workers die after they retire, if they 'slow' gradually, they stand a very good chance of improving their life expectancy. Look into this, I'm sure he'll appreciate it.)

Reply to
Morgan

Thanks for your comment. There's a problem out there for a lot of those workaholic types who plan for their retirement and, perhaps, enough things to keep them busy for the first few months - and after that find themselves rather rudderless.

In this particular case, the guy has family on both coasts (especially some grandkids who really deserve some time with him) and on other continents. He's got a *lot* to do when he's no longer tied to the office. Nevertheless, he truly loves what he does, and we really are hoping to find a way for him to continue to work - just to work a lot less, both on a regular weekly basis (perhaps 3 days a week), and in general (instead of the typical 4 weeks or so of vacation, have a couple of months worth).

We'll see what happens. Either way, it looks like the particular circumstance - selling his small business into a much larger one - will have huge benefits both in terms of future work flexibility and in terms of minimizing the RMDs. We've gotten the okay from the new company for rolling in the assets of the old company's plan.

Reply to
BreadWithSpam

Conversion to a chariable annuity may avoid taxes on the principal and the forced withdrawal issues. But you lose control over the principal then. Plus the charity loves you then. I've seen two kind of annuities: (1) age-related amount, fixed for life. At age 70 thats about 8.5% of the principal per year. (2) 5% of changing principal. For example, until recently college endowments increased about 9% a year.

Reply to
rick++

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