Latest / The Perfect RIA / Intentional Tax Planning and Avoiding Costly Mistakes with Guest Steven Jarvis, CPA [Episode 266]
Transcript
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- 1:10Matthew Jarvis: Hello everyone, and welcome to another episode
- 1:11of The Perfect RIA podcast. I'm your co host, Matthew Jarvis,
- 1:15with me today special guest Steven Jarvis, who is, in fact,
- 1:20my brother, but also a CPA. That's the reason I think,
- 1:23Stephen, you're my only brother who's been on the podcast. So I
- 1:27want to make sure it's clear that you're not here because
- 1:28you're my brother. But more on the CPA side.
- 1:30Steven Jarvis: Yeah, there's three other brothers that have
- 1:32never been on the podcast. So I do that is what like helps me
- 1:35sleep at night. I am just somehow in this unique space
- 1:38more qualified than my other brothers, who have no interest
- 1:41in financial things at all.
- 1:42Matthew Jarvis: There we go. There we go. Well, family
- 1:44dynamics on the podcast a lot of times, course, with your great
- 1:48work at retirement tax services and the retirement Tax Services
- 1:51summit, the desktop guide and the 8606 masterclass, all those
- 1:54great things. But today we want to talk about common mistakes,
- 1:58detrimental mistakes, potentially catastrophic
- 2:01mistakes that are made with IRA accounts. So not necessarily
- 2:04theoretical ones. We'll touch on those, but ones that you and I
- 2:07have run into that it's very easy for advisors, when advisor
- 2:11clients to fall into the trap of these mistakes. So Steven with
- 2:14that, let's, let's jump right in.
- 2:15Steven Jarvis: Yeah, I think this is an area where advisors
- 2:17might think, Oh, geez. Well, I've never screwed that up. I
- 2:19never would screw that up. How could somebody screw it up that
- 2:21bad? But I mean, this is a whole spectrum of things. I mean,
- 2:24within the last year, advisor come to me because a client that
- 2:28I was not helping them with had just come to them because their
- 2:32last advisor had basically done the paperwork wrong on a
- 2:35rollover, and inadvertently, the check got cash before it made it
- 2:39to the next account, and this huge taxable event got created.
- 2:43And so, I mean, we have the one side of things where you need to
- 2:46make sure you're doing the basic stuff correctly, and you don't
- 2:49take for granted that it's going to happen automatically. And
- 2:51then there's the other end of things where about once a year
- 2:55or so, I'll have a client that comes to me and says, Hey, I
- 2:58just heard about this really cool thing where I can buy
- 3:00foreign rental properties in my IRA and then still use the
- 3:05rental property myself and not pay taxes like this sounds like
- 3:09the best thing ever. So we have this whole spectrum of
- 3:11possibilities, and we got to make sure we're paying
- 3:13attention.
- 3:14Matthew Jarvis: Yeah, there's a there's a lot there. So let's,
- 3:15let's start through with some of those examples specifically. So
- 3:17your rollovers are a real common area of mistakes. Now, if you're
- 3:22doing just a straight trustee to trustee transfer, so let's use
- 3:24like the example, ever the client has a fidelity 401K
- 3:28account, and you're helping to move it into a fidelity IRA
- 3:31account, and it all happens electronically with a quick
- 3:33phone call or form two fidelity, well, it's pretty
- 3:36straightforward, pretty that's going to get screwed up. The
- 3:381099, could still be issued incorrectly, but it's in the
- 3:41reliabilities. But that's a pretty straightforward one, a
- 3:44different one, though, on the opposite extreme, would be like
- 3:46a client has an old 401K, that's a small dollar amount. They
- 3:49ignore it. The custodian pushes out a check so they get a check
- 3:53in the mail made payable to them. Well, now we have a
- 3:56scenario. This one's really easy to mess up, right? Lots of
- 3:58reasons it's easy to mess up one. Of course, they might just
- 4:01cash the check and throw in the bank. Well, that's unfortunate,
- 4:04because now it's a taxable event, and potentially, if
- 4:06they're under 15 and a half the tax, the 20% it was withheld is
- 4:09now subject to the penalty, as is the money that they put in
- 4:12the bank. So those can get messy pretty quick. I'm sure see what
- 4:14Steven Jarvis: Yeah, what makes it even messier at times is if
- 4:14you've run into those as well.
- 4:17the custodian assumed it was a rollover, was told it was a
- 4:20rollover, but sends that check. They might not have withheld
- 4:22Matthew Jarvis: That's a great point, right? The IRS is not
- 4:23taxes at all. The client cashes it, and then has this tax bill
- 4:27due, has penalties. It can get really murky really quickly. And
- 4:30the 1099 R is a form I rail on all the time, because it's not
- 4:34super helpful at what it actually reports. And we've done
- 4:37other podcasts talking about things like qcds, where there
- 4:40just isn't great reporting. But even what I just came across
- 4:44that I'm still actively working through with a client, they got
- 4:47an examination letter from the IRS for 2021 because the IRS
- 4:51picked it up to take a look at and is alleging that they owe
- 4:54taxes, penalties, amongst other things. It affected their child
- 4:56going to accept unlikely as a defense, right? They're going to
- 4:58tax credit, all this stuff. Because even I've gone back and
- 5:00say, Show us documentation, or we're going to assume the worst,
- 5:01looked at the tax return, it's one I filed. Went back and
- 5:03right? They're always going to assume the most expensive
- 5:04looked at the tax return, the 8606 was reported correctly for
- 5:08a backdoor Roth contribution, yeah, some of the IRS still
- 5:11flagged it and said, Hey, this should have been taxable, and so
- 5:15help the client fight it. I'm very, very confident we'll get
- 5:18it sorted out. But this is why we want our documentation to be
- 5:22rock solid, even even in that simple example with the
- 5:25fidelity, fidelity transfer, we still want documentation of what
- 5:28happened in the unlikely event the IRS comes to ask questions,
- 5:32because unlikely is different than impossible.
- 5:47option. Same with with basis, whether we're talking about Ira
- 5:50basis or stock basis. Hey, listen, if you can't prove it,
- 5:53we're going to assume the worst case. So on the check and the
- 5:56rollovers again, if a client is ever getting a check made
- 6:00payable to them. You've got to be really careful. And if you're
- 6:02doing any kind of that activity, or when K rollovers, irate
- 6:05rollers, any kind of scenario where they could possibly get a
- 6:08check, I just want to seed that in there. I want to say, Hey, Mr
- 6:11Mrs Klein, two things we need to remember. One, sometimes these
- 6:14companies forget that this is your money, not their money, and
- 6:17so they might make it difficult. The second is, sometimes they're
- 6:20not good at following instructions, and so they might
- 6:22mail you a check instead of sending it directly, like we've
- 6:25asked. If you get a check from this company or from any company
- 6:28you don't recognize, please give us a call right away, because
- 6:30there's some important things that we need to do on that so
- 6:33that that's a common area of issues.
- 6:36Steven Jarvis: There's so many tax areas, Matt, where that
- 6:38point you just made is so important that we seed those
- 6:40expectations of what could happen. And sometimes, you know,
- 6:43as I'm talking to clients, we'll even do with a little bit of a
- 6:45laugh, and for 98% of the clients, that will never be
- 6:48relevant, but it changes the outcome entirely. Of letting
- 6:52clients know, hey, it's possible you can get a letter from the
- 6:54IRS, and if you do, we're going to be there to help you with it.
- 6:57It's possible that they're going to send you a check and not
- 6:59follow the instructions that we give them, but just letting
- 7:02people know. I mean, that's like the human condition, right?
- 7:05Yeah, the things that negatively impact us the most, from an
- 7:07emotional standpoint, are the things we didn't think were
- 7:10Matthew Jarvis: Yeah. And this is one of the few places where
- 7:10possible.
- 7:13I'll risk predicting the future, right? So I'll never predict,
- 7:15hey, where do I think interest rates are going to go, or
- 7:17elections, or tax laws or anything else, but if I see
- 7:20that, you know, hey, these guys might forget that it's your
- 7:22money their clients always. Oh, you know what? Matthew told me
- 7:25that these guys were gonna forget, right? Or Matthew told
- 7:28me they might ask for an extra form, right? So I'm always gonna
- 7:31be receiving your point. Hey, Steven told me that the IRS
- 7:33might have a question about that, but he was gonna help me
- 7:35with this, right? So our mind will go back to that, versus a
- 7:38state of frustration or or even sheer panic. Steve, I guess,
- 7:42related that, since we're on the topic of those Ira rollovers,
- 7:44how about mistakes with the 60 day rule? I think this is a
- 7:47common issue that I see where people kind of say, like, Hey,
- 7:50I'm going to use this 60 day rule as a 60 day loan. Lot of
- 7:53kind of misunderstandings there.
- 7:54Steven Jarvis: Yeah, there definitely are some
- 7:55misunderstandings there. And as much as I love podcasts,
- 7:59obviously I host one as well. It can be hard for us sometimes,
- 8:03because we were talking quickly, we only got so much time trying
- 8:05to get through things. And I mean, all of these conversations
- 8:08really should come with a reminder of like you need to do
- 8:10your research and apply these to specific situations. Because I
- 8:13remember not too long ago, talking with our good friend
- 8:15Micah shilanski about using the 60 day rollover near the end of
- 8:20the year when we're not exactly sure where income might fall out
- 8:22for things like premium tax credits and doing Roth
- 8:25conversions, and this can be a great way to create ourselves an
- 8:29extra window of time, but we've got to make sure that we have
- 8:33all of our ducks in our row if we're going to go beyond the
- 8:35basics of tax planning or any kind of planning, gotta be
- 8:38really clear on when does that 60 day window expire. Are we
- 8:42remembering that there's the 60 days and then we can only do
- 8:46this once within 12 month period. And whose Ira was it?
- 8:50Because IRAs are individual accounts, and so if we've got a
- 8:52married couple, there's there's some conditions in there, we got
- 8:55to really make sure we're paying attention to we can create
- 8:59irreversible situations for our clients.
- 9:00Matthew Jarvis: Steve, this reminds me of a specific client
- 9:02that I had. This was a few years ago, and they've actually since,
- 9:06since passed away. And so what we'll call them Gary and Patty
- 9:10here. And so Gary retired from his employer, had worked there
- 9:13for many years, had a 401k and had about $400,000 in it. And so
- 9:16this particular employer was one that issues checks. So some
- 9:20employers won't do a electronic transfer. They issued a check,
- 9:23but the check was made payable to the custodian, and so we
- 9:27deposit it with the new custodian within the 60 days. So
- 9:30that doesn't matter the 60 days of its payable the custodian.
- 9:33You don't know a big deal. The following years, I always do. I
- 9:37ask for the client's tax return, and I get the client's tax
- 9:40return, and it shows $400,000 of ordinary income of Ira
- 9:43distributions, taxable Ira distributions, I said, I called
- 9:46Gary. I said, Gary, I saw that they had to show this $400,000
- 9:50distribution on your taxes that you filed three months ago and
- 9:53that you owed like $150,000 on that. He says, oh, yeah,
- 9:56Matthew, that was terrible. We actually had to go get a home
- 10:00equity loan to pay that tax bill. And I said, Carrie, how
- 10:03come you didn't call me? He says, Why would I call you?
- 10:06That's just what happens when you retire. I asked my tax
- 10:09repair. They said, that's what happens you retired. So I paid
- 10:12the money well, Steven, what had happened is the custodian had
- 10:16incorrectly marked it as a taxable distribution, so they
- 10:19put it in the wrong box, and the tax repair didn't think of it,
- 10:23and so the client didn't know any they just paid the bill. And
- 10:26so I looked at that. We saw it. We were able to get an amended,
- 10:30amend the tax return. We got the $150,000 back. We also saved
- 10:33ourselves an issue down the road, because that money, if it
- 10:36was deemed as a taxable distribution, it could go back
- 10:39into an IRA there was, like, all these cascaded issues, but it
- 10:43was a reminder. And I always remember the example of Gary and
- 10:46Patty that anytime we're doing money movement, it's not done
- 10:50until we verify that it's correct on the tax return. This,
- 10:53I think, speaks Steven to your point on backdoor Roth
- 10:56contributions or rollovers or contributions until it's report
- 10:59on the tax return, it's not done.
- 11:01Steven Jarvis: Stories are great for reinforcing these things.
- 11:03Remember what happened? Because another example that's the
- 11:06opposite extreme comes to mind a client recently this came up
- 11:10called Scott, and Scott has a pension as a former clergy
- 11:15member, and there's some tax rules that are a little bit
- 11:18different with clergy, but their pensions are still taxable. We
- 11:22accepted very rare cases, yeah, but the 1099 that he received
- 11:27showed all of his pension as non taxable. The custodian for the
- 11:33administrator had not reported any of it as taxable, and so we
- 11:37intentionally filed a tax return that conflicted with the 1099
- 11:41Sure, which? I bring this up for a couple of reasons? Well, one,
- 11:44to show that the opposite can be true as well. We like the errors
- 11:47don't just happen in one direction. And also, just to
- 11:50remind people that the tax reporting forms, unfortunately,
- 11:54and I love an attorney to contradict me so we can hold
- 11:56some people accountable. But this is not some kind of
- 11:58contractual agreement between the IRS. It's more of like a
- 12:02best effort, because I've never heard of a situation where the
- 12:05custodian was held responsible for incorrect reporting on a
- 12:081099, it's it's always the taxpayer who gets stuck with
- 12:11sorting this. Your example is a private example. The IRS is
- 12:14never going to sort that out, because they were told, hey,
- 12:16it's taxable. The custodian, they marked it as such and moved
- 12:20on like nobody's going back to that. If you had caught it,
- 12:23something that slightly different probably would have
- 12:24happened with Scott in this case, because at some point the
- 12:26IRS probably would have flagged that the year before he had
- 12:29taxable income, and then, if we were would have reported it in
- 12:32line with the 1099, and reported no taxable income, the IRS, at
- 12:36some point might have flagged that, but it's not going back to
- 12:38the custodians, going back to the taxpayer. So as an advisor,
- 12:42as someone who cares about tax planning, you have to be getting
- 12:44these tax returns every year to make sure that the tax reporting
- 12:48happens correctly.
- 12:49Matthew Jarvis: Yeah, I guess. Let's keep pulling on that
- 12:51thread. I'm reminded of another stress that we just story day
- 12:53for us we need like a campfire here. A client will call him
- 12:55Adam. He got a new tax repair at some point, and I was review, I
- 13:00was asked for last couple of years tax returns. In fact,
- 13:02actually see another thing was this actually came from we were
- 13:05doing a form 8021 so we were pulling the IRS transcripts, and
- 13:08we were looking at tax returns for the last several years. And
- 13:11I noticed that four years prior, they had been reporting basis on
- 13:14their IRA, and then no basis the next year. But no conversion,
- 13:19no, no, 8606 and what had happened is they had changed tax
- 13:23repairs, and the basis had gotten lost. So the basis has
- 13:27gotten lost, so we were able to find that basis tracking back
- 13:29down. But that's a great example specific to IRAs, if they're
- 13:32carrying forward basis on form, 8606 and again, you've done an
- 13:36entire masterclass on this. You've got to make sure year
- 13:38after year that gets tracked. Because I would say nine times
- 13:40out of 10 that's anecdotal. Often the basis gets lost.
- 13:44Somebody just either gives up tracking it or forgets why it's
- 13:46there, and it just doesn't keep getting tracked on that nobody
- 13:48said double taxed.
- 13:49Steven Jarvis: Yeah, as much as we love software and AI and all
- 13:52these different tools that help us, technology isn't to the
- 13:54point to replace an advisor yet, as you well know, but there are
- 13:57certain life events that we should all have checklists
- 14:00around that we double check a few things. Retirements,
- 14:03certainly one of those rollovers, moving money between
- 14:06accounts. But you mentioned there, if someone is switching
- 14:09tax preparers, you should have a list as an advisor of, Hey, did
- 14:12the basis get carried over? Were there losses that need to get
- 14:15carried over? Was depreciation information carried over? They
- 14:18have rental properties or businesses. There's these life
- 14:21events that as things are getting switched between
- 14:23professionals, between software platforms, things can get
- 14:25missed, and the software is never going to tell you, hey,
- 14:28that basic did you go back and look the last three years that
- 14:31there is basis. So there's a huge opportunity for advisors
- 14:34who are being proactive and intentional about this to really
- 14:37change outcomes for clients.
- 14:39Matthew Jarvis: Yeah, there really is, Steven. Let's shift
- 14:41gears a little bit. You alluded this at the beginning of the
- 14:43episode, which is situations where clients come in and
- 14:46they've heard about $5 billion Roth IRA accounts, or they've
- 14:51heard about buying property outside of the country and
- 14:54leasing it back to themselves, or whatever the case may be.
- 14:56Let's chat a little bit about as advisors, when people come in
- 14:59with kind of hairball tax ideas. How do we how do we give space
- 15:03for that, such as, the client doesn't feel like we're
- 15:05insulting them, or that we're ill informed, but at the same
- 15:07time, like, help the client see, like, Hey, this is this not a
- 15:10good plan?
- 15:11Steven Jarvis: Yeah, that's always an interesting question
- 15:14to have to navigate. So my perspective be a little bit
- 15:16different, because I'm not an advisor and a more site advisor,
- 15:19and so sometimes this makes it a little bit easier for me. And I
- 15:21have very constructive and collaborative relationships with
- 15:24advisors. So I'm never, I'm never throwing them under the
- 15:26bus, but I can use the advisor as a little bit of a buffer to
- 15:30say, hey, you know what? That's a really great question. And
- 15:33then I remind clients all the time that taxes are never the
- 15:35primary, or almost never the primary, reason we do something
- 15:38their passenger on the busses. You like to say, Yeah, and so
- 15:41that I can feed the conversation back through the advisor. So
- 15:43we're making sure we're taking a holistic look at it. But Matt,
- 15:47for me, where it often starts is, I always want to come back
- 15:50to the basics to say, You know what? There's a whole range of
- 15:53tax planning that we can do, and some of that, some of that
- 15:56flashy stuff is, is a lot of fun to talk about. Sounds exciting,
- 16:00but we've got to make sure we've covered the basic stuff first.
- 16:04And for a lot of clients, that's as far as you had taken there.
- 16:06Oh, that's right, we need. Let's come back to these other things
- 16:08that we can just we can skip over really issuing an opinion
- 16:12on whether that's a good idea or not. So that's where I typically
- 16:15start. Yeah, I think that is a great spot.
- 16:17Matthew Jarvis: I've definitely run into this a lot of times
- 16:18with clients. And there's a couple of tools I go back to
- 16:20again and again one and you kind of stole my thunder on that,
- 16:23which is great. It's a good expression, right? I was like,
- 16:26Hey, listen, Mr Mrs client taxes are a passenger on the bus.
- 16:29They're not the driver of the bus. And so corollary to that is
- 16:32we're never going to do anything for taxes that we wouldn't
- 16:36otherwise do. Yep, right. So giving money to charity is a
- 16:39great example of that. Like and I tell clients all the time,
- 16:41hey, you should only give money to charity because you feel like
- 16:44it's an organization that's going to make the world a better
- 16:46place, that we potentially get a tax benefit that is icing on the
- 16:50cake at best. This, by the way, we're gonna sidebar here for a
- 16:53second. This is where, like, Charbel, remainder, trust and
- 16:56whatnot. These are great tools, but often they're sold. It's
- 16:59like there's this amazing tax break. No, no. First things
- 17:02first, if this is a smart move financially, let's go down that
- 17:05second would be if there's a tax benefit attached to it. So So
- 17:08helping clients get awareness of that. I also step into your
- 17:11point of collaborating with advisors. If the client is
- 17:15really set on something that sounds like a bizarre tax idea,
- 17:17this is where I go to my Center's influence. I say, you
- 17:19know, Mr business client, I'm not super familiar with this
- 17:21strategy, kind of for that is a it's because it looks a little
- 17:23shady to me. But tell you what, let me reach out to the CPA that
- 17:27I relationship with. Let me get some more details. Why don't you
- 17:29get some more details as well? And let's circle back around
- 17:31next Thursday.
- 17:32Steven Jarvis: Another approach that I'll take, and I think I've
- 17:34heard you, you say similar things, just when people want to
- 17:37buy a rental property in Hawaii, kind of a thing, yeah, one of
- 17:40the things that can help, especially when I can tell that
- 17:42this is a new idea for the client they just came across
- 17:44that it's not something they want to do for 20 years. Their
- 17:46their brother's uncle just told them about this thing they could
- 17:49do, and they're so excited about it, what I'll do is somewhat
- 17:52intentionally repeat what I'm hearing back to them, but in a
- 17:55way that highlights the parts that don't pass the sniff test.
- 17:58An advisor actually just recently reached out to me about
- 18:02this potential investment opportunity where you put in
- 18:05$50,000 and you immediately get a $250,000 charitable defection.
- 18:10The look on your face is appropriate. And so if a client
- 18:13comes to me with this that you know, they're going to initially
- 18:16Give me what the sales pitch was, then I'm going to repeat
- 18:18back to them and say, hey, just so I understand this, right?
- 18:20Like I want to make sure I understand the logic here. Of it
- 18:23sounds like you're telling me that you get to invest $50,000
- 18:26and get a $250,000 terrible deduction. I'm gonna have to
- 18:29look into that, because that doesn't sound like the kind of
- 18:31thing the IRS would be would do for us, because that sounds a
- 18:34little bit too nice. And so I'm intentionally highlighting kind
- 18:37of some of what sounds ridiculous to me, and then I'll
- 18:40take it a step further and start asking the client to go back to
- 18:44whoever's pitching the idea. I say, you know, why don't you go
- 18:47tell that you work with a CPA who would love to see the
- 18:50documentation behind this, just so I can look at the numbers,
- 18:53because that's sometimes where it starts to come undone when
- 18:56these things are really in those gray areas, or in just areas
- 19:01that we shouldn't be in at all. When they hear the CPA wants to
- 19:03look at it, that they suddenly disappear or don't want to talk
- 19:06about it anymore, which is another it's a win for the
- 19:08client too. Of Well, great. Now I don't even have to go down
- 19:11and, like, give this hard no and a sales pitch, like, they just
- 19:14ghosted me because they didn't want to give the information to
- 19:15my CPA.
- 19:16Matthew Jarvis: Steve, I'm glad you had mentioned that's a
- 19:18brilliant approach that I like using in all sorts of angles. So
- 19:20we're talking specifically about taxes, but it works if they're
- 19:23getting pitched some kind of bizarre investment or some kind
- 19:26of deal that's guaranteed to make money and they can never
- 19:29lose and I would just say, Listen, sometimes we hear things
- 19:31differently than they were said. Just ask them to send it to you
- 19:34the bullet points in an email, that would be great. Why do I
- 19:37want it an email like you're you got the same, you know, stupid
- 19:40grade that I've got on. Why do I want an email? Well, now I have
- 19:43it in writing, which means that maybe there is something that I
- 19:45missed, like maybe they are, yeah, they do have something
- 19:47I've not seen before that would be great. Or now I have a
- 19:49written thing that I can forward on to whatever regulatory body I
- 19:52need to go to. So they said, Hey, this thing is guaranteed to
- 19:54give you Forex to return to the IRS. Cool, that email is getting
- 19:57forwarded to the IRS. Now they have a complaint line for that,
- 20:00right? Or the state insurance commissioner, whoever the case
- 20:02may be, also saves me from telling the client like, hey,
- 20:04this guy's a crook. Yeah, I'm saying, Hey, listen, so that we
- 20:06all are clear. Could you just get those bullet points? That
- 20:08would be perfect, and it solves so many problems.
- 20:11Steven Jarvis: There's always new things to learn. The tax
- 20:12code is always changing. People are getting creative with the
- 20:14tax code. Backdoor Roth contributions were created on
- 20:17accidents, and I'm a huge proponent of them, yeah, and so
- 20:19I genuinely do want to learn. And so when a client comes to
- 20:23me, I don't want to be like Man, that guy sounds like an idiot.
- 20:25You need to run away because I want to learn, either for one of
- 20:29two reasons, either to be able to see, hey, this is shady. We
- 20:32shouldn't be involved, but now I can see how it's being pitched,
- 20:35or this is something new, and I want to know that when, when
- 20:38this makes sense, to make my clients aware of it.
- 20:41Matthew Jarvis: Yeah, for sure, pulling us back to the IRA
- 20:44specifically, a big area of mistakes and a big, just kind of
- 20:47warning flag for us as an advisor, is anything that
- 20:50involves what's known as self dealing on an IRA account,
- 20:53right? So like, hey, I want to sell my company to my Roth IRA,
- 20:57so that it grows tax free. Or I want to sell a rental property
- 21:01to my IRA, or I want to buy a rental property in my IRA and
- 21:05then contribute manual labor to manage it. Or I want to then use
- 21:08it as a rental myself for my own use. Anything that involves you
- 21:13as one of the people in the transaction is likely going to
- 21:16be prohibited, not necessarily 100% like there may be some
- 21:18exceptions, but as a rule of thumb, if you are one of the
- 21:21parties in the transaction, it ain't gonna work so, uh,
- 21:25important one there, yeah, IRAs are meant to be completely
- 21:28separate from you as an individual. The other one that
- 21:31can get tricky in there, when we go outside of more traditional
- 21:34investments, is physical possession of the investments.
- 21:37This comes up with gold interest. Want to buy gold
- 21:40inside of their IRA, and then I'd have to go back and find the
- 21:44specific it's great story.
- 21:45Steven Jarvis: I'll have to go back to clients getting sold on
- 21:48this idea of I've got to own gold inside of my IRA, which
- 21:51someone else can have the investment conversation as to
- 21:53what you want to do with gold anyways. But just from a tax
- 21:55standpoint, the you as the individual can't have physical
- 21:59possession of the investments of the IRA. So if you buy this gold
- 22:03or silver or whatever precious metal it is, and then it gets
- 22:05shipped to you, this is a huge problem. And you might think
- 22:09that sounds ridiculous, that happens.
- 22:12Matthew Jarvis: Oh yeah, it for sure happened. So again, not
- 22:15something to go on willy nilly. Again, something you'd want to
- 22:17have like, Hey, can we get an email detailing that I always
- 22:20like to Stephen, especially on the gold one, I always I'd like
- 22:23to say, because I'm a little snarkier than most. Hey, could
- 22:25you ask that for just a copy of their IRA statement that shows
- 22:29them owning this gold or this real estate or whatever? Why do
- 22:32I want to because they don't own any right, nobody. They're not
- 22:34eating their own cooking. But it's just, again, it gives the
- 22:36client this great ammunition that you're not going to argue
- 22:38with. Right? If they go back and they say, Hey, my advisor says
- 22:41this is a bad idea. The guy is going to say, well, your advisor
- 22:43is an idiot, and here's why, and they're part of the conspiracy.
- 22:46But if they come back and say, hey, my advisor asked you, kind
- 22:48of just put those bullet points in an email, and if you could
- 22:50send me a copy of an investment statement, I could show up. That
- 22:52would be great. Suddenly all their ammunition goes away and
- 22:55they tend to disappear, thus saving the client the fraud or
- 22:58whatever the case makes. It's a great non computational way to
- 23:01to sort that out. Steven any other big ones that come up
- 23:04with, with IRAs that you can think of, of course, we could go
- 23:07into required minimum distributions, which is a whole
- 23:10can of worms. It gets messed up quite often, especially for
- 23:13inherited or spousal rulers, things like that. Beneficiaries
- 23:16are obviously there are can of worms as well, not as much a tax
- 23:19issue, but a lot of Ira problems come from beneficiaries issues.
- 23:22Steven Jarvis: We can do whole episodes that we have on the
- 23:24retirement Tax Services podcast on inherited IRAs. The thing
- 23:27I'll say, though, because I think it fits into this
- 23:30conversation, and maybe we haven't specifically hit on in
- 23:33these words yet, is whatever area of tax planning we're
- 23:35talking about, we have to have an intentional plan. That's how
- 23:39we get ahead on tax planning is intentional and proactive.
- 23:41Because you mentioned inherited IRAs, which the IRS recently
- 23:44punted again on enforcing RMBs on inherited IRAs. And I see a
- 23:48lot of people react to that, thinking, hooray. I don't have
- 23:51to worry about this for another year, and maybe that's a good
- 23:54thing, but if we let taxes happen by default, most likely
- 23:57we're gonna get killed on taxes, because by default, if we don't
- 24:00do anything else. We're going to take the entire inherited IRA in
- 24:03year 10, and we're going to get killed all at once. And so
- 24:06people look at this, do I take an RMD or not as the litmus test
- 24:09of what I should be doing? But that's really just one piece of
- 24:12the puzzle that we obviously want to meet the RMD if we have
- 24:15that requirement, if the IRS ever gets around to enforcing it
- 24:18for inherited IRAs, geez, literally back at the napkin.
- 24:21Write down the next 10 years and make sure you understand for
- 24:24your client. Are there any big life events? Are we going to
- 24:27retire? Do we have severance coming to us? We have RMDs on
- 24:30our own accounts, kicking in Social Security? What are these
- 24:33different things so that we know, hey, here's a couple years
- 24:36where I want to take more of this inherited IRA. Or there
- 24:39could be situations where somebody's going to retire nine
- 24:42years from now. Maybe we do wait 10 years to take it all, but we
- 24:45want to make it situationally specific. We want to have an
- 24:48intentional plan.
- 24:49Matthew Jarvis: I love it. I love it. Well, Steve, in this
- 24:51podcast like yours, the retirement Tax Services podcast,
- 24:53is all about taking action. So let's take a minute to cover a
- 24:56couple of action items. I know the first one well, I'll give a
- 24:59shameless plug here. The first one that comes to my mind is, of
- 25:02course, the retirement Tax Services Summit, which is
- 25:04September 25 and 27th that's correct, in beautiful Phoenix,
- 25:07yeah, and Phoenix. So that'd be a great gathering. I'll be
- 25:10there. You'll be there. You know, dozens, hundreds,
- 25:12whatever, of advisors sharing how they practice taxes in real
- 25:15life. So there's a lot of places you can go and listen to someone
- 25:18read you the tax code. And I suppose that's interesting. What
- 25:20I always want to know is, how are you doing this with clients?
- 25:23How are you articulating this when you're running into a
- 25:26client who says, hey, I want to buy gold in my IRA and keep it
- 25:28at the vault in my basement, how are you having that discussion?
- 25:31So, yeah, that's action item number one. Go to
- 25:33retirementtaxservices.com and get signed up for the Fall Tax Summit.
- 25:36Steven Jarvis: Yeah, and that, I'll just comment on that real
- 25:38quickly, because last year was so well that we were able to
- 25:41expand it this year. We're going to have a few more sessions.
- 25:44We've got some great breakout sessions that are going to
- 25:46happen this year. Obviously, the tax plan is going to be a big
- 25:49focus of it, but we've got people coming to talk about how
- 25:51to do systems and processes to make this a reality in your
- 25:54practice. We're going to talk about delegation. We're going to
- 25:56talk about the behavioral side of all of this. So this is
- 25:59really going to be an incredible event for giving you things you
- 26:01can immediately go home and implement. I love it. Actually.
- 26:04Matthew Jarvis: Item number two, whether you use our scripts or
- 26:06someone else's, you need to have really clear, concise ways of
- 26:09articulating complex strategies, right? So, for example, Hey,
- 26:12your rollover is not complete until it's been reported to the
- 26:15IRS correctly. Or, hey, sometimes these companies forget
- 26:18whose money this is, or, Hey, that sounds like a great idea.
- 26:21Why don't you come and send me an email with the bullet points,
- 26:24just so I can take a look make sure I'm understanding what it
- 26:27is they're talking about, right? So for whatever you're running
- 26:30into in your practice, it needs to be that concise. It cannot be
- 26:33some convoluted well, on a Thursday, maybe it's this. So
- 26:36whatever that is, find it and get as rehearsed with that as
- 26:39you are with your own name, right? That same level of
- 26:41confidence. And once I say, What's your name, I don't say,
- 26:44Well, you know, kind of depends who Jarvis. You know, Friends
- 26:47call me Jarvis. Here it is. So that's a key action item.
- 26:50Steven Jarvis: I'll do a shameless plug that I think goes
- 26:52along with those. If we have actually two different master
- 26:55classes on the retirement taxer.com website, one
- 26:57specifically around form 8606 and back to Roth contributions,
- 27:01and one on reviewing tax returns for broadly. And why this fits
- 27:04in is because Matt you, you rattled out those scripts very
- 27:07casually and fluidly, because you've set them so many times
- 27:10you have to practice this stuff. And both of those master classes
- 27:13include scripts. It includes discussion around how you say
- 27:16this to a client. And I'll be totally honest, even though I'm
- 27:19a huge fan of those masterclasses, that's not enough
- 27:21either. That's gonna give me a great resource. So you have to
- 27:25practice. And so you have to, whether it's getting on camera
- 27:28or standing in front of a mirror, whatever it is, you
- 27:30gotta practice and rehearse these things. So when it's time
- 27:33to perform, practice is over, it is perfect.
- 27:35Matthew Jarvis: Well, Stephen, hey, thank you so much for
- 27:38joining us and for all our listeners until next time, happy
- 27:42planning.
- 27:42Hey, before you leave a quick word from our sponsors. Hey
- 27:49everybody, I want you to take a quick look around your office,
- 27:56and on your desk there should be the Retirement Tax Services
- 28:03Desktop Tax Guide. And if it's not there, or if it's not
- 28:10current, meaning you didn't download it in the last month,
- 28:17go to retirementaxtservices.com and download the desktop tax
- 28:24guide. This is a must have resource for every financial
- 28:30advisor committed to tax planning.