Skip to main content
March 5, 2021
Solved

IRA to Roth Conversion with Cares Act. Covid Related IRA distribution converted to Roth IRA

  • March 5, 2021
  • 1 reply
  • 0 views

I took a CRD ira distribution and converted it to a Roth IRA. Am I allowed under the Cares act to pay the tax over 3 equal years or not? Unclear help is found, while it is not outright disallowed, getting the forms 1099-R and 8915-E and 8606 do not allow the 3 year payment distribution. Any clear help on this would be appreciated. I am retired and the distribution qualifies, wife's business was seriously negatively impacted due to the pandemic.

 

 

 

 

 

 

ira 

Best answer by timw657

@timw657 wrote:

I want to thank you for that explanation but admit I still find that an odd technicality and cannot understand the difference. This problem is probably not understood by thousands of people. Clearly not specifying that a Roth is not allowed, why then does the IRS  have the right to declare whether I put the money in the bank or do something else with it like convert to a Roth? Do you actually mean it is not my business to do what I want with the distribution?  I thought it was my money, and could convert it if I wanted.  I absolutely do not wish to break the law.  But I find it so difficult that this matter is not addressed in a more direct answer, such as specifying clearly that a Roth conversion is not allowed, in plain English for everyone to understand and then comply with the rules. Thanks for your reply.


The IRS does not make the rules, Congress does.   The plain reading of the CARES act that Congress passed to put money into peoples pockets because they took a distribution  because of COVID (such as loss of job,  unable to work, etc)  so they could pay their bills allows people to return the money tax free when they recover, to the same or similar account that it was taken from or to pay the tax over a 3 year period because of hardship.

 

It was not meant to be a "backdoor" method of making  taxable Roth conversions over a 3 year period - that is contrary to the purpose of the act.     

 

Do it if you want and let us know if the IRS disallows it.

 


My apologies, you are correct and I was going in the wrong direction.  Your help provided the answer I needed: A Covid Distribution cannot be converted to a Roth IRA, I get it now. And a Roth Conversion is not affected by the 2020 Cares Act, these are different animals, so to speak. I do wish that the IRS had provided some way to see this more clearly by the non Tax professionals among us, since I am not any sort of Tax professional or attorney. I did not understand until now.  Thank you for your patience in explaining this to me, and I hope this question and answer format can be useful to some other people who may be unclear about how a Covid Related Distribution or a Roth Conversion will be treated. Nothing has changed for how a Roth Conversion is treated, as always the entire tax expense must be paid in the year the conversion is taken. It is good to ask questions, we can always learn things that way rather than not asking, where no learning takes place at all. Thank you.

1 reply

macuser_22
Employee
March 5, 2021

If the distribution was COVID related and you qualify then yes.   It can be paid back to any qualified retirement plan over 3 years.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
timw657Author
March 5, 2021

Thanks for your reply. I am interested in paying the taxes due for the conversion over 3 years, which I think is allowed. Some tax advisors say this violated the spirit of the law, and the IRS will likely disallow it in the future, with penalties for those who took a CRD and converted it to a Roth ira. I'd like some assurance that it really is legal. Thats all. It was a 100,000 conversion, so paying taxes on a 33,333 conversion each of 3 years is my plan.

macuser_22
Employee
March 5, 2021

@timw657 wrote:

Thanks for your reply. I am interested in paying the taxes due for the conversion over 3 years, which I think is allowed. Some tax advisors say this violated the spirit of the law, and the IRS will likely disallow it in the future, with penalties for those who took a CRD and converted it to a Roth ira. I'd like some assurance that it really is legal. Thats all. It was a 100,000 conversion, so paying taxes on a 33,333 conversion each of 3 years is my plan.


I do not believe that is permitted under the CARES act that allows returning the money to the plan that it came from or a like plan as a rollover.  A Roth conversion would not qualify,

 

Section §2202(a)(3) or the CARES act says:

 

(3) Amount distributed may be repaid.--
                    (A) <<NOTE: Time period.>>  In general.--Any 
                individual who receives a coronavirus-related 
                distribution may, at any time during the 3-year period 
                beginning on the day after the date on which such 
                distribution was received, make 1 or more contributions 
                in an aggregate amount not to exceed the amount of such 
                distribution to an eligible retirement plan of which 
                such individual is a beneficiary and to which a rollover 
                contribution of such distribution could be made under 
                section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 
                457(e)(16), of the Internal Revenue Code of 1986, as the 
                case may be.

It plainly states a "rollover contribution" and a conversion is not a rollover and none of the quoted sections pertain to a Roth conversion.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**