Thursday, February 05, 2009
Michelle Singletary :: Townhall.com Columnist
Geithner, Daschle Illustrate Convoluted Tax Code
by Michelle Singletary
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WASHINGTON -- What lessons can we learn from the high-profile tax cases of newly installed Treasury Secretary Timothy Geithner and now Thomas Daschle, who withdrew Tuesday as President Barack Obama's pick for secretary of health and human services?

How about that the darn tax code is so complex and long that Geithner and Daschle did what so many others have done -- messed up big-time? Geithner had to pay the government $43,000. Daschle recently wrote a check for $146,000.

Since we have no evidence that Geithner and Daschle intentionally tried to cheat on their taxes, I'm willing to give them the benefit of the doubt. But I'm getting tired of appointees with tax issues. I mean, if these folks have the money to get their taxes prepared correctly and still can't, the IRS better give enormous leeway to regular taxpayers.

That brings me to a recent tax change that I'm sure will cause a lot of taxpayers to make some mistakes. It concerns the required minimum distribution seniors have to make from their retirement plans.

For 2009 only, there will not be the usual required minimum distributions from retirement plans such as 401(k)s, Roth 401(k)s, 403(b)s and certain 457(b)s. The distribution rules also apply to traditional individual retirement arrangements and accounts and IRA-based plans such as Simple IRAs and SEPs (simplified employee pension plans), which provide employers with an easy method to make contributions toward their employees' retirement or, if self-employed, their own retirement.

Normally, tax law mandates that people with certain retirement plans take a minimum withdrawal every year after reaching the age of 70 1/2. If you fail to take out the minimum distribution, you face a huge penalty. The amount not withdrawn is taxed at 50 percent.

I wrote about this one-year waiver and, not unexpectedly, some seniors had questions. Here are a few I received, along with answers from the IRS:

Q: As a result of the law change, will it mean a double distribution requirement in 2010?

A: If you decide to skip taking a distribution for 2009, you will not have to double the amount required for next year. The waiver for 2009 is not a deferral.

Q: I'm wondering if there's been any more discussion about providing some tax relief for those who had to suck it up and make a withdrawal from their plans last year?

A: Sorry, the IRS does not anticipate providing any additional relief for those who had to take required minimum distributions in 2008. Continued...

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About The Author

Michelle Singletary is a nationally syndicated columnist for The Washington Post.

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