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Learning, Sharing, and Teaching => Taxes => Topic started by: welliamwallace on October 27, 2014, 12:26:10 PM

Title: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: welliamwallace on October 27, 2014, 12:26:10 PM
It appears that the IRS just announced a clarification that allows after-tax 401(k)s to be rolled over directly into Roth IRAs tax free. If I am not mistaken, this effectively changes after tax 401(k)s from "tax deferred" to truly "tax free" growth, just like a Roth IRA.

http://www.forbes.com/sites/ashleaebeling/2014/10/15/aftertax-401k-rollovers-advanced-version/ (http://www.forbes.com/sites/ashleaebeling/2014/10/15/aftertax-401k-rollovers-advanced-version/)

Of course, your employer has to offer an after tax 401k option.

EDIT2 This should summarize things:
After tax, non-Roth 401(k)s are different than, and sub-optimal to traditional pre-tax 401(k)'s, traditional IRAs, Roth 401k(s), and Roth IRAs which you should max out before considering contributions to an after-tax 401(k).

The basic 401(k) salary deferral limit of $17,500 applies to pretax and Roth contributions. But you can stuff in aftertax contributions to get up to a total of $52,000 if your company allows [2014 numbers].

Unlike a Roth 401k, in which earnings are never taxed, earnings (but not contributions) in an after-tax 401k will eventually be taxed at withdrawal at your marginal income tax rate. This is true if you withdraw directly, or rollover the earnings to a traditional IRA and later withdraw from that. Your marginal income tax rate at that time will likely be higher than your long-term capital gains tax rate. For this reason many people would rather just invest in normal taxable accounts.

However, if you can quickly roll over your after-tax 401k contributions to a Roth IRA, any earnings it makes there are completely tax free. The IRS announcement (above) makes it easy to roll the contributions portion of an after-tax 401k into a Roth IRA, and the earnings portion in a traditional IRA.
For people that work at companies that allow in-service distributions (even with a short waiting period), or people that are planning to leave their company within a few years, an after-tax 401k may be an easy way to get a lot more money into a Roth IRA where it will continue to grow completely tax free, while only a small amount (the earnings) needs to be rolled over to a traditional IRA

See the following images which better explain the scenario
ScenarioDiscussionImage
I can take in-service distributions, or I will leave my company within a few yearsIn this situation, the after-tax 401(k) didn't accumulate much taxable "earnings" before I could roll it over into a Roth IRA where it will grow completely tax freehttp://i.imgur.com/cuY1FfF.png
I will remain at my company for a long time still, and can't take in service distributionsIn this situation, my money spent a lot of time in the after-tax 401(k) gaining a substantial amount of earnings. When I withdraw the earnings (or roll them over to a traditional IRA and later withdraw it), I will owe my marginal income tax rate on it.http://i.imgur.com/1tN98hz.png


Even if you cannot do in-service distributions and are not leaving your company very soon, there may be some people that would still benefit from after-tax 401(k)s instead of taxable investing. These are people that will have an extremely low marginal income tax rate in retirement (e.g. the Mad Fientist ). Trading a 10% income tax instead of 0% LTCG tax on a big chunk of earnings may be a price worth paying to get a some more money into a Roth IRA above the annual contribution limit.

90% of the confusion in these comments before this edit is about how the earnings made in an after-tax 401(k) are handled when rolled over to a Roth IRA. The whole point of this post and the IRS ruling is that you can roll over those earnings to a traditional IRA while still sending the contributions to a Roth IRA.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ender on October 27, 2014, 12:30:31 PM
Oooooh neato. Not as meaningful now as I don't max out Roth space but in the future if I am making enough to so with a lower marginal rate might be quite beneficial!
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: VirginiaBob on October 27, 2014, 12:45:32 PM
Can someone explain this to idiot me?  From my understanding, if you are still working, you can contribute to a Roth 401K (if you employer offers this) up to 17,500 post taxes.  You can contribute an addional $34,500 into the account, but all increases earned on this $34,500 will be tax-deferred (you pay when you withdraw).  What this does is make all those increases tax free at withdrawal when rolled over to a Roth IRA.  Correct?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on October 27, 2014, 12:53:10 PM
If I'm reading this right, this effectively just increases the Roth IRA contribution limit.  At least for people who have an after-tax contribution option in their 401k.

In a normal Roth IRA, you pay the taxes up front and then never pay taxes again.  With this new rule, you can instead pay the taxes up front (by making after-tax contributions to your 401k) and then roll that after-tax amount over to a Roth IRA.

For most people here, I'm not sure this is going to be very helpful.  Generally speaking the traditional 401k is a better option for the early retiree than the Roth IRA anyway.  Even if you're maxing them both out, the key to super early retirement is gathering enough savings outside of tax-sheltered accounts to live for the first five years during the construction of your 5 year Roth IRA rollover pipeline.   Most of us ER types aren't so wealthy that we have a bunch of extra money in our Roths or 401ks compared to what we have to save in taxable accounts to survive that first five years

But I see one big unanswered question here, for people to whom the above limitation does not apply.  Are your after-tax 401k conversions to a Roth IRA considered typical rollovers that can be withdrawn penalty free after five years?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ender on October 27, 2014, 12:57:21 PM
Can someone explain this to idiot me?  From my understanding, if you are still working, you can contribute to a Roth 401K (if you employer offers this) up to 17,500 post taxes.  You can contribute an addional $34,500 into the account, but all increases earned on this $34,500 will be tax-deferred (you pay when you withdraw).  What this does is make all those increases tax free at withdrawal when rolled over to a Roth IRA.  Correct?

Some 401k plans allow after tax contributions. If you can contribute more after-tax dollars to your 401k it effectively allows you to add that space to a Roth IRA. The principle you rollover into a Roth IRA, and the earnings a traditional IRA. Previously all was rolled into a traditional IRA, which was less desirable as you paid double taxes on principle and only benefited from tax deferment on the earnings.

If your plan allows in-service distributions you can roll this over much more quickly and minimize the "earnings vs principle" ratio and effectively treat it as a Roth IRA.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: welliamwallace on October 27, 2014, 01:03:15 PM
The principle you rollover into a Roth IRA, and the earnings a traditional IRA.

Are you saying that's still required under the new rule? If so, It's not AS good as a Roth, which has truly tax-free gains. This would just be tax deferred gains.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on October 27, 2014, 01:05:57 PM
The principle you rollover into a Roth IRA, and the earnings a traditional IRA.

Are you saying that's still required under the new rule? If so, It's not AS good as a Roth, which has truly tax-free gains. This would just be tax deferred gains.

It's as good if you can do the conversion immediately, before you incur any gains.

It also allows you to stuff your Roth in a way that you couldn't before.  That probably appeals to some small subset of this audience.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 27, 2014, 01:16:16 PM
This strategy (sometimes referred to as the "mega backdoor roth") has been around for a while, but its legitimacy wasn't 100% free from doubt.  See the discussion here:

http://forum.mrmoneymustache.com/investor-alley/mega-backdoor-roth/msg325458/?topicseen#msg325458

But with this latest guidance, it appears that the IRS has now blessed it.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ender on October 27, 2014, 01:21:51 PM
The principle you rollover into a Roth IRA, and the earnings a traditional IRA.

Are you saying that's still required under the new rule? If so, It's not AS good as a Roth, which has truly tax-free gains. This would just be tax deferred gains.

It's as good if you can do the conversion immediately, before you incur any gains.

It also allows you to stuff your Roth in a way that you couldn't before.  That probably appeals to some small subset of this audience.

Yup.

This is probably primarily useful for a family with high income and lots of kids - so a lower federal tax - but living a MMM lifestyle.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sirdoug007 on October 27, 2014, 01:25:22 PM
Damn, my 401(k) does not allow "after-tax" contributions.  So I'm still stuck with the $18,000 limit for 2015.

I'll have to start lobbying to get them to add this to the plan!  Having $52,000/year worth of room in your 401(k) is great stuff!

Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 27, 2014, 01:48:22 PM
This is probably primarily useful for a family with high income and lots of kids - so a lower federal tax - but living a MMM lifestyle.

Having a current lower federal tax isn't relevant.  Sol nailed it above -- this is useful to anyone who is already maxing out their 401k and who has enough taxable investments to get them through the first five years of a Roth conversion pipeline.  (Your current tax bracket doesn't matter, because this is simply allowing you to take after-tax funds and send them to a Roth IRA instead of a taxable account; either way, you're paying whatever taxes you're paying.)

For me, like most early retirement types, the benefit of having the extra funds in a Roth IRA instead of a taxable account is marginal at best, because I plan to pay zero taxes in retirement and my investments will be tax efficient until then.  But, if this option is available to you, there's not really any downside in doing it, and it does insulate you against future changes in tax laws (and if current political headwinds are any indication, the current tax laws that allow early retirees to live off their investments without paying taxes are ripe for change).

To answer Sol's question above, I don't think there is any reason to doubt that the after-tax 401k conversions to a Roth IRA can be withdrawn penalty-free after five years.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ZiziPB on October 27, 2014, 01:55:41 PM
My plan allows after-tax contributions but the after-tax money has to be "seasoned" for 2 years before in-service distributions (rollovers) are allowed.  As I understand the new guidance, I will now be able to split the after-tax contributions from the earnings that accummulated over the 2 years and do a "forked" rollover: contributions to Roth IRA and earnings on those contributions to a traditional IRA. 

Does anyone know if an in-plan conversion may be easier now too?  Would I be able to convert the contributions to Roth 401k and lump the earnings with the rest of the before-tax money?  My plan generally allows in-plan conversions under the same conditions as in-service rollovers but as I understood it before, I would have pay tax on the converted earnings.  Now it looks like maybe I can just consolidate the earnings with the rest of the traditional 401k?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on October 27, 2014, 02:02:40 PM
this is simply allowing you to take after-tax funds and send them to a Roth IRA instead of a taxable account; either way, you're paying whatever taxes you're paying.

As long as you have enough money in your taxable accounts to survive that first five years, I think the conversion to Roth is still a slightly better deal than investing in a taxable account, especially if you have tax inefficient investments like dividend paying stocks or bonds that throw off a lot of taxable interest.  Why incur extra tax liability if you don't have to?  Milesdividend made this point clearly in an earlier discussion, even a slight marginal benefit is still a benefit.

The flip side, of course, is that ALL funds in a taxable account are available to you on a moment's notice.  Once you convert to a Roth, only the amount of the conversion is available before age 59.5 and the interest it earns will have to wait.  In my case, the interest has to wait so long that I'll probably never need it because by the time it is available to me I'll be about ready to live off of my pension and SS anyway.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: minimalist on October 27, 2014, 02:05:46 PM
I currently contribute the annual maximum split between my 401k and Roth 401k accounts. So now I can lower my tax liability by maxing out the pre-tax contributions and making after-tax contributions instead of the Roth 401k contributions?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ZiziPB on October 27, 2014, 02:16:18 PM
I currently contribute the annual maximum split between my 401k and Roth 401k accounts. So now I can lower my tax liability by maxing out the pre-tax contributions and making after-tax contributions instead of the Roth 401k contributions?

Yes, provided your plan allows after-tax contributions and in-service distributions or conversions.  And provided you want and can make contributions in excess of the $17,500 ($18K for 2015) limit.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 27, 2014, 02:19:27 PM
As long as you have enough money in your taxable accounts to survive that first five years, I think the conversion to Roth is still a slightly better deal than investing in a taxable account, especially if you have tax inefficient investments like dividend paying stocks or bonds that throw off a lot of taxable interest.  Why incur extra tax liability if you don't have to?  Milesdividend made this point clearly in an earlier discussion, even a slight marginal benefit is still a benefit.

The flip side, of course, is that ALL funds in a taxable account are available to you on a moment's notice.  Once you convert to a Roth, only the amount of the conversion is available before age 59.5 and the interest it earns will have to wait.  In my case, the interest has to wait so long that I'll probably never need it because by the time it is available to me I'll be about ready to live off of my pension and SS anyway.

Yes, this thread immediately reminded me of your heated discussion with miles on the "roth horserace" topic from a while back.

Agree that even a slight marginal benefit is still better than no benefit, which is why I'm going to do this.  Previously, the only reason I hesitated was the lingering doubts about the tax treatment in the absence of explicit IRS guidance (but I had decided to do it anyway).

With all of my taxable account space occupied by tax efficient investments, the upfront tax benefits of this strategy to me are very small, so I view the insulation from future tax law changes as the more important benefit.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on October 27, 2014, 02:31:19 PM
With all of my taxable account space occupied by tax efficient investments, the upfront tax benefits of this strategy to me are very small, so I view the insulation from future tax law changes as the more important benefit.

That's an interesting statement.  Why do you think your taxable account space is limited?  If you had the income, couldn't you invest a million dollars per year in taxable investments?  Did you just mean "what I can afford to invest in taxable accounts"?

But you've also highlighted another potential benefit, tax-efficient asset allocation.  If your problem is that you've already crammed your tax-deferred accounts with investments that generate taxable income (like you're 100% bonds in your 401k and Roth) while keeping your stocks or index funds in taxable accounts, and you wanted to buy even more bonds but would have to put them in your taxable account, this new strategy would help you out.  It lets you fit more tax-inefficient investments into a tax shelter.

Though if you're maxing out $18k in 401k +$5k in Roth space with 100% bonds, you're probably already very close to retirement and have a very conservative asset allocation.  That or you have a TON of taxable investments to balance out a more typical asset allocation, and you need to tell me what you do for a living.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sirdoug007 on October 27, 2014, 02:50:20 PM
The flip side, of course, is that ALL funds in a taxable account are available to you on a moment's notice.  Once you convert to a Roth, only the amount of the conversion is available before age 59.5 and the interest it earns will have to wait.  In my case, the interest has to wait so long that I'll probably never need it because by the time it is available to me I'll be about ready to live off of my pension and SS anyway.

This is a good point.  Right now 100% of my retirement funds are in 401(k) or IRAs.  I'm thinking it would be more advantageous for me to start building my 5 year bridge fund with taxable investments now while still maxing out the traditional 401(k) for the tax benefits.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 27, 2014, 03:01:23 PM
That's an interesting statement.  Why do you think your taxable account space is limited?  If you had the income, couldn't you invest a million dollars per year in taxable investments?  Did you just mean "what I can afford to invest in taxable accounts"?

But you've also highlighted another potential benefit, tax-efficient asset allocation.  If your problem is that you've already crammed your tax-deferred accounts with investments that generate taxable income (like you're 100% bonds in your 401k and Roth) while keeping your stocks or index funds in taxable accounts, and you wanted to buy even more bonds but would have to put them in your taxable account, this new strategy would help you out.  It lets you fit more tax-inefficient investments into a tax shelter.

Though if you're maxing out $18k in 401k +$5k in Roth space with 100% bonds, you're probably already very close to retirement and have a very conservative asset allocation.  That or you have a TON of taxable investments to balance out a more typical asset allocation, and you need to tell me what you do for a living.

Yes, by "taxable account space," I really meant everything left over after using up my tax-advantaged account space.  My asset allocation is pretty close to 100% equities, so I can easily stick my tax-inefficient bond funds in my tax-advantaged accounts.

Not sure if your last paragraph was directed at me or the hypothetical person in the scenario you described.  I'm maxing out my 17.5k of 401k space (I can't use the 5k of ordinary backdoor roth because of an existing roth IRA rolled over from a previous employer's roth 401k) and will have enough taxable funds (plus "ripe" contributions from my existing rolled-over roth IRA) to get me through the first five years of the pipeline, but only by a hair.  My plan is to stuff the Roth using this strategy only with excess dollars above the amount needed to fund the first five years (plus a cushion).  I'm a lawyer (but not a tax lawyer); nothing I say on this board constitutes legal advice.

This is a good point.  Right now 100% of my retirement funds are in 401(k) or IRAs.  I'm thinking it would be more advantageous for me to start building my 5 year bridge fund with taxable investments now while still maxing out the traditional 401(k) for the tax benefits.

I worry a bit about having such a large concentration of my portfolio "tied up" in tax-advantaged accounts that were designed to be accessed at traditional retirement age, because changes in the law could restrict or eliminate the strategies available today to access those funds in early retirement.  But the tax benefits are too great, and the risk of not being able to access the money in one way or another too small, to really worry too much about this.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ender on October 27, 2014, 03:32:06 PM
Quote
I worry a bit about having such a large concentration of my portfolio "tied up" in tax-advantaged accounts that were designed to be accessed at traditional retirement age, because changes in the law could restrict or eliminate the strategies available today to access those funds in early retirement.  But the tax benefits are too great, and the risk of not being able to access the money in one way or another too small, to really worry too much about this.

Don't forget that even money "tied up" into a Roth IRA isn't necessarily locked. You can withdraw your principle, too, immediately for a Roth IRA and after 5 years for rollovers/conversions.

By the time most of us invest for 5-10 years that's a good sum of money, especially if you started the Mustachian journey early.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: gimp on October 27, 2014, 03:32:34 PM
Let me make sure I am understanding this.

If my employer supports this, I can contribute extra post-tax money to a roth 401k, which can be rolled over to a roth IRA. That's it. Basically, I can fund my roth IRA much more than I could before.

Is that right?

If so, this might be quite meaningful - my income is too high for a traditional IRA, and I have a bunch in taxable accounts...
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on October 27, 2014, 03:42:14 PM
If my employer supports this, I can contribute extra post-tax money to a roth 401k, which can be rolled over to a roth IRA. That's it. Basically, I can fund my roth IRA much more than I could before.

It looks to me like the existing limitations on eligibility are still in place.  The idea here is that your pre-tax contributions can be rolled over into a traditional IRA (and then to a Roth IRA if you pay taxes), just like before, and your post-tax contributions can be rolled over directly into a Roth IRA.  You still need to be able to take a distribution and you still need to qualify to hold all types of accounts involved. 

More details here:  http://fairmark.com/retirement/roth-accounts/roth-conversions/isolating-basis-for-roth-conversion/
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on October 27, 2014, 03:45:55 PM
Let me make sure I am understanding this.

If my employer supports this, I can contribute extra post-tax money to a roth 401k, which can be rolled over to a roth IRA. That's it. Basically, I can fund my roth IRA much more than I could before.

Is that right?

If so, this might be quite meaningful - my income is too high for a traditional IRA, and I have a bunch in taxable accounts...

Yes, that's all there is to it.

The total amount of money that can be put into your 401(k) this year is $52k ($53k next year). This amount minus your deductible contribution limit minus any employer match is the amount you can put in the after-tax bucket.

The best situation is where your employer allows you to take in-service withdrawals of the after-tax amount. This way you can roll over the amount to a Roth IRA soon after the initial contribution so that you allow the earnings to compound in the Roth account.

The amount rolled over can be withdrawn completely tax-free and penalty-free after five years in every case. Even before five years, only the amount that was taxable at the time of rollover (i.e. any earnings on the after-tax amount before the rollover) is subject to a penalty. When you do the rollovers relatively soon after the initial contribution, the taxable portion is minimal. Even that can be avoided if you utilize this new guidance that allows you to split the earnings off into a traditional IRA.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 27, 2014, 03:52:24 PM
Don't forget that even money "tied up" into a Roth IRA isn't necessarily locked. You can withdraw your principle, too, immediately for a Roth IRA and after 5 years for rollovers/conversions.

By the time most of us invest for 5-10 years that's a good sum of money, especially if you started the Mustachian journey early.

I know, but my point was that these rules can change.  It is possible that in the future the rules will change in a manner that restricts you from withdrawing contributions (extremely unlikely).  Most of us won't actually be stuffing Roth 401ks/IRAs, but traditional 401ks/IRAs, with the intention of constructing a Roth conversion pipeline -- changes in tax laws can cut off the ability to do this (also unlikely, but less so).

Let me make sure I am understanding this.

If my employer supports this, I can contribute extra post-tax money to a roth 401k, which can be rolled over to a roth IRA. That's it. Basically, I can fund my roth IRA much more than I could before.

Is that right?

If so, this might be quite meaningful - my income is too high for a traditional IRA, and I have a bunch in taxable accounts...

Yes, except substitute "voluntary after-tax contribution account" for "roth 401k" in your post.  The limits on Roth 401k contributions haven't changed.  Some employers offer the ability to contribute after-tax dollars above and beyond the 17.5k limit, subject to an overall $52k cap.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Undecided on October 27, 2014, 04:01:50 PM
(Your current tax bracket doesn't matter, because this is simply allowing you to take after-tax funds and send them to a Roth IRA instead of a taxable account; either way, you're paying whatever taxes you're paying.)

Except for the not paying taxes on dividends or capital gains .... I know you said that in your situation you expect to be in the 0% bracket for (it seems) qualified dividends and capital gains, but that's a key part of being indifferent between the taxable investing and Roth IRA investing. I don't expect to be in that situation (1) because I have a high state tax rate that also applies to dividends and capital gains (and I like it here) and (2) I expect there to be years when I will need to spend extra money for my children's education and for a planned-for one-time expense.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 27, 2014, 07:33:03 PM
(Your current tax bracket doesn't matter, because this is simply allowing you to take after-tax funds and send them to a Roth IRA instead of a taxable account; either way, you're paying whatever taxes you're paying.)

Except for the not paying taxes on dividends or capital gains .... I know you said that in your situation you expect to be in the 0% bracket for (it seems) qualified dividends and capital gains, but that's a key part of being indifferent between the taxable investing and Roth IRA investing. I don't expect to be in that situation (1) because I have a high state tax rate that also applies to dividends and capital gains (and I like it here) and (2) I expect there to be years when I will need to spend extra money for my children's education and for a planned-for one-time expense.

I just meant that your current (as opposed to future) tax rate has no bearing on the analysis when deciding between the taxable and backdoor roth alternatives, because either way you are using after-tax funds.

Good point about state taxes, though.  I'm also subject to high state (and local) taxes, so I shouldn't focus exclusively on the federal side when I take these considerations into account.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: GlassStash on October 28, 2014, 07:42:45 AM

Let me make sure I am understanding this.

If my employer supports this, I can contribute extra post-tax money to a roth 401k, which can be rolled over to a roth IRA. That's it. Basically, I can fund my roth IRA much more than I could before.

Is that right?

If so, this might be quite meaningful - my income is too high for a traditional IRA, and I have a bunch in taxable accounts...

The amount rolled over can be withdrawn completely tax-free and penalty-free after five years in every case. Even before five years, only the amount that was taxable at the time of rollover (i.e. any earnings on the after-tax amount before the rollover) is subject to a penalty.

Just to be clear, any rollover portion that is not earnings is only subject to income tax, and not the 10% penalty (if withdrawn before 5 years)?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 28, 2014, 10:00:06 AM
Just to be clear, any rollover portion that is not earnings is only subject to income tax, and not the 10% penalty (if withdrawn before 5 years)?

No - as I understand the rules, after you roll over an after-tax 401k account (whether Roth or not) into a Roth IRA, you can withdraw the amount of your contributions immediately with no penalty (and no tax, since tax was already paid upfront on the contributions).  In this scenario, the five year waiting period would only apply to earnings (note that this is a separate and distinct five year rule from the one that applies to Roth conversions -- if a traditional tax-deferred account is converted into a Roth IRA, a five year waiting period applies before you can withdraw the contributions without penalty; however, I don't believe that a rollover of an after-tax (Roth or otherwise) 401k into a Roth IRA is treated as a conversion).

Now that I think about it, I think this means the "mega back door Roth" strategy actually would be helpful for the typical aspiring early retiree.  The problem Sol identified is that the typical aspiring early retiree is (if possible) maxing out both the traditional 401k and the Roth IRA options, but still has to accumulate sufficient savings in taxable accounts in order to bridge the first five years of retirement (after which the first of the Roth conversion pipeline funds become accessible).

However, if your 401k plan allows after-tax contributions beyond the 17.5k of traditional 401k contributions, then you can use the mega back door Roth strategy to stuff your Roth and all of those contributions will be accessible immediately upon retirement.  In other words, any funds that you would have directed to taxable accounts (up to the 52k cap) are instead directed to your Roth IRA (indirectly via the mega back door Roth route).  So you don't need taxable accounts to bridge the gap to the Roth conversion pipeline, because you can access the mega back door Roth contributions right away.

Thoughts?

(Again, none of this constitutes legal advice.)

[EDIT:  Now that I've given additional thought to this, I don't think you can use mega back door Roth contributions as a substitute for taxable accounts to bridge the five year gap to a Roth conversion pipeline.  If you start a Roth conversion pipeline before you've exhausted the mega back door Roth contributions, the ordering rules will force you to withdraw the converted amounts (which are subject to a penalty if withdrawn before five years have elapsed) before you can access the remainder of the mega back door Roth contributions.  So you're always stuck with a five year gap that needs to be bridged by funds in taxable accounts.

To make this concrete, suppose this year you contribute $20k to your after-tax 401k account and immediately roll it over to a Roth IRA.  You do the same thing each year for the next two years, then you retire.  You now have $60k of contributions in your Roth IRA immediately accessible without penalty.  Let's say you also have $500k in a traditional IRA, and zero funds in taxable accounts.  If you start a Roth conversion pipeline using the $500k right away, you're no longer going to be able to access the $60k (because at that point, the ordering rules will treat your withdrawals from the Roth IRA as distributions of the converted amounts from the pipeline).  But if you wait until the $60k is used up to start the pipeline, then you have no funds to bridge the five year gap.

One way around this is to withdraw the entire amount of the mega back door Roth contributions (the $60k in my example) immediately upon retirement and move them to a taxable account.  Then you can start the Roth conversion pipeline of your tax deferred accounts right away.  But this sort of defeats the purpose of doing the mega back door Roth in the first place -- the only benefit you get is the avoidance of taxes on earnings while you are still employed before retirement begins (I suppose this benefit could be substantial, depending on the time horizon and the tax efficiency of your investments, but it is not nearly as beneficial as having those funds sheltered in a Roth account forever).]

[SECOND EDIT:  The application of the ordering rules for distributions described in the first edit above is incorrect.  See the additional discussion in the posts below.]
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on October 28, 2014, 11:09:17 AM

Let me make sure I am understanding this.

If my employer supports this, I can contribute extra post-tax money to a roth 401k, which can be rolled over to a roth IRA. That's it. Basically, I can fund my roth IRA much more than I could before.

Is that right?

If so, this might be quite meaningful - my income is too high for a traditional IRA, and I have a bunch in taxable accounts...

The amount rolled over can be withdrawn completely tax-free and penalty-free after five years in every case. Even before five years, only the amount that was taxable at the time of rollover (i.e. any earnings on the after-tax amount before the rollover) is subject to a penalty.

Just to be clear, any rollover portion that is not earnings is only subject to income tax, and not the 10% penalty (if withdrawn before 5 years)?

When you take money out of a Roth IRA, the taxation depends on exactly which funds you are removing. The tax code specifies a set of ordering rules (http://www.irs.gov/publications/p590/ch02.html#en_US_2013_publink1000231071) that determine which funds you are removing and how they are taxed.

The ordering is as follows:
1) Direct contributions to the Roth IRA. These can always be taken out tax-free and penalty free.
2) Conversion/rollover contributions. These include any "backdoor" contributions from a traditional IRA or after-tax 401(k). These come out in first-in, first-out order. Each rollover can potentially be further divided into two parts:
2a) The part that was taxable at the time of the conversion (i.e. earnings on your after-tax 401(k) contribution) comes out first. This part is tax-free at the time of withdrawal (you already paid tax on it when you did the conversion), but is subject to a 10% early withdrawal penalty if withdrawn within five years of the conversion.
2b) The part that was not taxable at the time of the conversion (i.e. your after-tax 401(k) principal) comes out next. This part is always tax-free and penalty-free.
3) Any earnings within the Roth IRA come out last. These are taxed at your normal marginal rate plus a 10% early withdrawal penalty if withdrawn before age 59½.

As an example, suppose you have a Roth IRA with $100k in it.
* $10k came from direct contributions over the life of the IRA,
* $20k was converted from a traditional after-tax 401(k) in 2008 ($2k was taxable earnings),
* $30k was converted from a traditional after-tax 401(k) in 2011 ($3k was taxable earnings),
* $15k was converted from a traditional after-tax 401(k) in 2013 (all principal, no taxable earnings),
* the remaining $25k is earnings from investment growth within the IRA.

You could withdraw $30k completely tax-free and penalty-free right now. Contributions come out first irrespective of what year they were made, and they are always withdrawn tax-free and penalty-free. Conversions are tax-free and penalty-free after five years, so that would apply to the 2008 contribution.

You have to pay a 10% penalty on the originally taxable portion of any conversion from the past five years. So after the first $30k, you'll have to pay a 10% penalty on the next $3k you withdraw (since the originally taxable portion of a conversion comes out before the originally tax-free portion).

Then the next $42k (the tax-free portion of your 2011 conversion and the entire 2013 conversion) is tax-free and penalty-free upon withdrawal. So in this example you could withdraw $75k and only owe $300 in tax penalties. Not a terrible deal.

You wouldn't really want to go beyond $75k until age 59½. Any non-qualified distributions of earnings count as regular income and have a 10% penalty on top of that. So if you're in the 15% tax bracket during retirement, you'll be paying 25% on every dollar you take out beyond $75k. But if you wait until 59½, it's tax-free.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 29, 2014, 10:22:59 AM
I just edited my post above to reflect further thinking on this issue.  Would appreciate it if any of the tax buffs could weigh in with their thoughts (am I thinking about this correctly?) and any creative solutions.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Beric01 on October 29, 2014, 11:46:52 AM
This is great to have the confirmation! I'm following up with my company now to urge them to offer this option in the 401(k) - as well as more Vanguard funds.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on October 29, 2014, 12:58:46 PM
I just edited my post above to reflect further thinking on this issue.  Would appreciate it if any of the tax buffs could weigh in with their thoughts (am I thinking about this correctly?) and any creative solutions.

I think the example in your edited section is incorrect. Withdrawals of conversions are ordered by when you made the conversion. My understanding is that pre-tax amounts only come out before post-tax amounts within the context of a single conversion that includes both types of funds. See my example above where the entire amount of the first conversion comes out before the second conversion, and the pre-tax amount in the second conversion comes out before the post-tax amount in the second conversion.

So if you make conversions from your after-tax 401(k) for three years and then start making conversions from your traditional IRA the next year, the after-tax 401(k) contributions will still come out first.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 29, 2014, 01:26:11 PM
I just edited my post above to reflect further thinking on this issue.  Would appreciate it if any of the tax buffs could weigh in with their thoughts (am I thinking about this correctly?) and any creative solutions.

I think the example in your edited section is incorrect. Withdrawals of conversions are ordered by when you made the conversion. My understanding is that pre-tax amounts only come out before post-tax amounts within the context of a single conversion that includes both types of funds. See my example above where the entire amount of the first conversion comes out before the second conversion, and the pre-tax amount in the second conversion comes out before the post-tax amount in the second conversion.

So if you make conversions from your after-tax 401(k) for three years and then start making conversions from your traditional IRA the next year, the after-tax 401(k) contributions will still come out first.

I think you're right!  (It was nagging at me that the rules as I described them in my edited section did not make intuitive sense, but I've learned that you can't always count on the tax rules not to be counterintuitive.)

So now I've come back around to my original view that you can use mega back door Roth rollovers in lieu of taxable accounts to bridge the five year gap to a Roth conversion pipeline.  So, if the mega back door Roth option is available to you, there's really no reason not to use it, unless you are counting on the earnings on those funds to help bridge the five year gap (but I don't think that will be true for most of us on a path to extremely early retirement).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: PathtoFIRE on October 29, 2014, 01:41:39 PM
Two questions.

First, and please correct me if I'm wrong, but in my research today about this topic, it seems like the IRS has always held that aftertax contributions to a traditional 401k are separate from "elective deferrals" which include the employee's typical contribution plus employer match (it all comes from the employer technically. The difference now is that before, if you withdrew anything from that aftertax subaccount, the earnings those contributions had, well, earned were comingled with your contributions, so you couldn't (easily) separate out your original aftertax contributions only to go to a Roth IRA or into your pocket tax free, since you had to pro-rata whatever earning they had also earned. Now you can split the earnings off and put those separately into a traditional IRA or even another 401k that will accept them, and only direct aftertax contributions to the Roth. My question is whether you can do all of this without ever touching the traditional pretax contributions and earnings, and whether I am understanding all of this correctly.

Second, my 401k plan explicitly says that it does not allow aftertax contributions, there is no Roth 401k (not that I'd use it with my high marginal rate), and it allows in-service distributions for hardship type situations but doesn't explicitly allow other types. So obviously I would need to do some lobbying to get these benefits. Does anyone know if there are specific reasons for companies to not include these features? Do aftertax contributions run afoul of the rules for highly compensated employees and such, or is it mostly to protect most employees from overcontributing past the elective deferral limit and also limit withdrawal mistakes, etc?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 29, 2014, 07:04:03 PM
Two questions.

First, and please correct me if I'm wrong, but in my research today about this topic, it seems like the IRS has always held that aftertax contributions to a traditional 401k are separate from "elective deferrals" which include the employee's typical contribution plus employer match (it all comes from the employer technically. The difference now is that before, if you withdrew anything from that aftertax subaccount, the earnings those contributions had, well, earned were comingled with your contributions, so you couldn't (easily) separate out your original aftertax contributions only to go to a Roth IRA or into your pocket tax free, since you had to pro-rata whatever earning they had also earned. Now you can split the earnings off and put those separately into a traditional IRA or even another 401k that will accept them, and only direct aftertax contributions to the Roth. My question is whether you can do all of this without ever touching the traditional pretax contributions and earnings, and whether I am understanding all of this correctly.

I think you are understanding this correctly.  On the issue of being able to roll over after-tax 401k contributions into a Roth IRA (the mega back door Roth strategy), this new IRS guidance really just clarifies the position that had already been the general consensus among tax experts, save for a few outliers who questioned/doubted its legitimacy in the absence of explicit IRS guidance.  For plans that allow after-tax contributions and have separate subaccounts for the various contribution types, I think most were already being administered in a manner consistent with this guidance.  If your 401k plan allows after-tax contributions and allows in-service distributions, you can definitely take a distribution of the after-tax portion without touching the traditional pretax portion (and if it doesn't allow in-service distributions, you can still do the same but you have to wait until you leave your employer, so you can't get the funds into the Roth IRA right away to shelter the earnings).

Second, my 401k plan explicitly says that it does not allow aftertax contributions, there is no Roth 401k (not that I'd use it with my high marginal rate), and it allows in-service distributions for hardship type situations but doesn't explicitly allow other types. So obviously I would need to do some lobbying to get these benefits. Does anyone know if there are specific reasons for companies to not include these features? Do aftertax contributions run afoul of the rules for highly compensated employees and such, or is it mostly to protect most employees from overcontributing past the elective deferral limit and also limit withdrawal mistakes, etc?

Yes, the after-tax contribution option has ramifications for the highly compensated employee rules.  I don't know enough about this area to speak intelligently about it, but at the very least it makes the highly compensated employee analysis more complicated.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on October 30, 2014, 12:49:39 AM
So now I've come back around to my original view that you can use mega back door Roth rollovers in lieu of taxable accounts to bridge the five year gap

Only for people who can make in-service or unlimited withdrawals from their 401k, which I gather is not most of us.  Federal employees, for example, are limited to two withdrawals from the TSP.  Ever, in their whole lives.  That's a significant disincentive to play with this kind of tax trickery.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on October 30, 2014, 05:08:14 AM
So now I've come back around to my original view that you can use mega back door Roth rollovers in lieu of taxable accounts to bridge the five year gap

Only for people who can make in-service or unlimited withdrawals from their 401k, which I gather is not most of us.  Federal employees, for example, are limited to two withdrawals from the TSP.  Ever, in their whole lives.  That's a significant disincentive to play with this kind of tax trickery.

Even if you don't have the ability to do in-service withdrawals, you can use the new guidance to split up the rollover of the after-tax 401k account upon leaving your employer to send the contributions (principal) to a Roth IRA and the earnings to a traditional IRA.  You still get immediate, penalty free access to the contributions upon retirement (which you can use to bridge the gap).  You just don't get the benefit of sheltering the earnings in a Roth right away, but there still seems to be no reason not to do it (again, unless you need access to those earnings during the five year gap).  It can't hurt, but it can help.

EDIT:  Thinking out loud, this approach of separately rolling the earnings into a traditional IRA (instead of immediately rolling the contributions into a Roth IRA, if in-service distributions are allowed under your plan) may even be the preferable strategy for the typical aspiring early retiree.  It still shelters the earnings from taxes during your high-income earning years, but allows you to access those earnings starting five years after retirement (because you can roll them into a traditional IRA, then convert that tIRA to a Roth IRA during low-income retirement, and access it five years later, just like the rest of your Roth pipeline).

If you utilize in-service withdrawals to roll the contributions to a Roth IRA right away, you will never be able to access the earnings until traditional retirement age.  (Of course, the benefit of the tradeoff is that you won't ever have to pay taxes on them, but if you're a frugal early retiree you may not have to pay taxes on them in any event.)
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Gone Fishing on October 30, 2014, 12:16:01 PM
Called HR, no extra contributions allowed as of now and no word on if they will be for 2015.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Beric01 on October 30, 2014, 01:46:52 PM
Called HR, no extra contributions allowed as of now and no word on if they will be for 2015.

I actually sent HR the OP's article and a brief message about how it would be an incredible opportunity for retirement savings for our company's employees. We'll see if that has any better effect. :)
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: RabStache on October 31, 2014, 12:48:26 PM
I figured I would post this here since I didn't get any responses to the thread I made in another section.

I recently switched jobs and rolled over $5000 from a Fidelity Roth 401k to a Vanguard Roth IRA.  My questions are as follows:

Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 01, 2014, 11:58:46 AM
I figured I would post this here since I didn't get any responses to the thread I made in another section.

I recently switched jobs and rolled over $5000 from a Fidelity Roth 401k to a Vanguard Roth IRA.  My questions are as follows:

  • When can I withdraw the contributions (rollover) from the Roth IRA?  I think anytime, but not sure.
  • If I contribute money to an After-Tax 401k and roll it over to the Roth IRA, when would that money be withdraw-able?

Money is a Roth IRA is always "with-drawable."  The question is really whether the withdrawals will be subject to tax and/or penalty.  See seattle's post above on the distribution ordering rules for how to determine the answer to that question.  If you have no preexisting Roth IRA, then in your situation the answers to your questions are:

1.  Yes, you can withdraw the contributions anytime tax- and penalty-free.

2.  This depends on whether the amount rolled over represents solely the contributions or a mix of contributions and earnings.  If the entire amount rolled over represents contributions, then you can withdraw the contributions immediately tax- and penalty-free.  And you can subsequently do another after-tax 401k contribution and roll it over and immediately be able to withdraw it tax- and penalty-free, and so on.  If, however the amount rolled over represents a mix of contributions and earnings, then you have to wait five years if you want to access the money without any penalties (because the ordering rules will force you to withdraw the earnings first, which are subject to the 10% penalty for the five years following the rollover).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Undecided on November 02, 2014, 04:54:24 AM
I figured I would post this here since I didn't get any responses to the thread I made in another section.

I recently switched jobs and rolled over $5000 from a Fidelity Roth 401k to a Vanguard Roth IRA.  My questions are as follows:

  • When can I withdraw the contributions (rollover) from the Roth IRA?  I think anytime, but not sure.
  • If I contribute money to an After-Tax 401k and roll it over to the Roth IRA, when would that money be withdraw-able?

Money is a Roth IRA is always "with-drawable."  The question is really whether the withdrawals will be subject to tax and/or penalty.  See seattle's post above on the distribution ordering rules for how to determine the answer to that question.  If you have no preexisting Roth IRA, then in your situation the answers to your questions are:

1.  Yes, you can withdraw the contributions anytime tax- and penalty-free.

2.  This depends on whether the amount rolled over represents solely the contributions or a mix of contributions and earnings.  If the entire amount rolled over represents contributions, then you can withdraw the contributions immediately tax- and penalty-free.  And you can subsequently do another after-tax 401k contribution and roll it over and immediately be able to withdraw it tax- and penalty-free, and so on.  If, however the amount rolled over represents a mix of contributions and earnings, then you have to wait five years if you want to access the money without any penalties (because the ordering rules will force you to withdraw the earnings first, which are subject to the 10% penalty for the five years following the rollover).

Although applicable time periods and amounts may make this unhelpful for many, consider that you could take SEPP from the Roth, or withdraw all or some aged contributions and take SEPP from remaining contributions and earnings. Under 72(t) you'd then avoid the penalties. For most people, better to bridge the gap, but there may be scenarios where that's the difference between a workable and unworkable plan.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Abe on November 02, 2014, 08:14:19 PM
In the Forbes article they say you can contribute up to $52,000 per year with combined tax-deferred and after-tax contributions, but aren't IRAs only up to $5k per year? Can someone explain this to me? I've put $17,500 into my 401k this year. I have $30,000 left over. What do I do next? Thanks!
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: GlassStash on November 02, 2014, 08:24:30 PM

In the Forbes article they say you can contribute up to $52,000 per year with combined tax-deferred and after-tax contributions, but aren't IRAs only up to $5k per year? Can someone explain this to me? I've put $17,500 into my 401k this year. I have $30,000 left over. What do I do next? Thanks!

Did you even read the thread before posting? See above.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: RabStache on November 03, 2014, 11:25:08 AM
I figured I would post this here since I didn't get any responses to the thread I made in another section.

I recently switched jobs and rolled over $5000 from a Fidelity Roth 401k to a Vanguard Roth IRA.  My questions are as follows:

  • When can I withdraw the contributions (rollover) from the Roth IRA?  I think anytime, but not sure.
  • If I contribute money to an After-Tax 401k and roll it over to the Roth IRA, when would that money be withdraw-able?

Money is a Roth IRA is always "with-drawable."  The question is really whether the withdrawals will be subject to tax and/or penalty.  See seattle's post above on the distribution ordering rules for how to determine the answer to that question.  If you have no preexisting Roth IRA, then in your situation the answers to your questions are:

1.  Yes, you can withdraw the contributions anytime tax- and penalty-free.

2.  This depends on whether the amount rolled over represents solely the contributions or a mix of contributions and earnings.  If the entire amount rolled over represents contributions, then you can withdraw the contributions immediately tax- and penalty-free.  And you can subsequently do another after-tax 401k contribution and roll it over and immediately be able to withdraw it tax- and penalty-free, and so on.  If, however the amount rolled over represents a mix of contributions and earnings, then you have to wait five years if you want to access the money without any penalties (because the ordering rules will force you to withdraw the earnings first, which are subject to the 10% penalty for the five years following the rollover).

Does the 5 year rule not come into play for this?  My Roth 401k at my old company was created in 2012.  I shouldn't be able to withdraw the contributions that I moved over until 2017 correct?  I do not plan on withdrawing this money but I just wanted to know if something ever comes up.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 03, 2014, 11:33:36 AM
Again, it's not a question of being "able" to withdraw the money. You can always withdraw money from an IRA, there are just lots of situations where you'll pay an uncomfortably high amount of tax on it if you do.

I don't know the timing rules for funds that are rolled over from a Roth 401(k) to a Roth IRA.

This thread is mainly about rolling over non-Roth after-tax 401(k) funds to a Roth IRA. The impact of the five-year rule on these conversions is discussed above. The gist of it is that only the earnings you accumulated while the money was still in your after-tax 401(k) will be subject to penalties if it is withdrawn within five years of conversion. The principal, which should make up the bulk of the amount converted, was not subject to tax at the time of the conversion, so it is not subject to penalties if withdrawn within five years.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Abe on November 03, 2014, 05:39:57 PM
I did read the thread but still didn't  understand exactly how to set this up. Do we need  to roll over the money into a Roth if we already have a bridge set up? Can it be kept in the regular 401k and not touched until the criteria is met? If this question is too basic for it to be worth your time to answer, please don't.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Undecided on November 03, 2014, 06:06:25 PM
In the Forbes article they say you can contribute up to $52,000 per year with combined tax-deferred and after-tax contributions, but aren't IRAs only up to $5k per year? Can someone explain this to me? I've put $17,500 into my 401k this year. I have $30,000 left over. What do I do next? Thanks!

1) Does your 401(k) plan permit after-tax contributions? The numbers your quote are the limits under law, but not all plans permit such contributions, or permit them without limit. Also, this is different from a "Roth 401(k)" option.
2) If the answer to #1 is yes, does your 401(k) plan permit in-service withdrawals?

If so, you may be able to get some use out of this.

3) Does your 401(k) plan administrator hold after-tax contributions and associated earnings as a "separate contract"? That is, does it track them as a separate sub-account?

Assuming the answers those question are yes, you could make after-tax contributions to your 401(k), up to the portion of the annual maximum (currently $52,000 under law, but possibly lower in your plan or circumstances) not used by your elective deferral (the $17,500) and any employer contribution. You could then take an in-service withdrawal of such contributions (together with associated earnings) as a rollover to a traditional IRA, a Roth IRA, or a combination of both (as the IRS has now expressly approved), although it's possible your plan needs to catch up to the recent ruling. Although there is a $5,500 limit for contributions to an IRA, what you are asking about is not a contribution, but rather a "rollover." While you could roll the entire amount of the after-tax contributions and the associated earnings directly to a Roth IRA, the earnings included in that amount would be taxed as income. There are a couple of techniques to isolate the contributions from the earnings, though, and if your 401(k) plan also permits incoming rollover contributions from a traditional IRA, you may be able to both roll the after-tax contributions to a Roth IRA and avoid both (i) paying taxes on the earnings to roll them into the Roth IRA and (ii) creating any continuing balance in a traditional IRA that would have the effect of making future "backdoor Roth IRA contributions" partly taxable.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 03, 2014, 07:27:11 PM
In the Forbes article they say you can contribute up to $52,000 per year with combined tax-deferred and after-tax contributions, but aren't IRAs only up to $5k per year? Can someone explain this to me? I've put $17,500 into my 401k this year. I have $30,000 left over. What do I do next? Thanks!

1) Does your 401(k) plan permit after-tax contributions? The numbers your quote are the limits under law, but not all plans permit such contributions, or permit them without limit. Also, this is different from a "Roth 401(k)" option.
2) If the answer to #1 is yes, does your 401(k) plan permit in-service withdrawals?

If so, you may be able to get some use out of this.

3) Does your 401(k) plan administrator hold after-tax contributions and associated earnings as a "separate contract"? That is, does it track them as a separate sub-account?

Assuming the answers those question are yes, you could make after-tax contributions to your 401(k), up to the portion of the annual maximum (currently $52,000 under law, but possibly lower in your plan or circumstances) not used by your elective deferral (the $17,500) and any employer contribution. You could then take an in-service withdrawal of such contributions (together with associated earnings) as a rollover to a traditional IRA, a Roth IRA, or a combination of both (as the IRS has now expressly approved), although it's possible your plan needs to catch up to the recent ruling. Although there is a $5,500 limit for contributions to an IRA, what you are asking about is not a contribution, but rather a "rollover." While you could roll the entire amount of the after-tax contributions and the associated earnings directly to a Roth IRA, the earnings included in that amount would be taxed as income. There are a couple of techniques to isolate the contributions from the earnings, though, and if your 401(k) plan also permits incoming rollover contributions from a traditional IRA, you may be able to both roll the after-tax contributions to a Roth IRA and avoid both (i) paying taxes on the earnings to roll them into the Roth IRA and (ii) creating any continuing balance in a traditional IRA that would have the effect of making future "backdoor Roth IRA contributions" partly taxable.

You may be able to get use out of this even if the answer to #2 is no (and, as I mentioned in post # 36 above, for some of us it may even be preferable not to exercise the right to do in-service distributions even if we have that ability).  After doing the after-tax contributions, if you leave all the funds in the 401k plan until you retire, you can roll the contributions (principal) into a Roth IRA (which then become immediately accessible tax- and penalty-free) and roll the earnings into a traditional IRA.  You can fold this tIRA into the rest of your Roth conversion pipeline, allowing you to gain penalty-free access to those funds five years after conversion (whereas if you had moved the contributions into the Roth IRA right away using in-service distributions, you couldn't access the earnings without penalty until traditional retirement age).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Undecided on November 03, 2014, 08:16:59 PM
In the Forbes article they say you can contribute up to $52,000 per year with combined tax-deferred and after-tax contributions, but aren't IRAs only up to $5k per year? Can someone explain this to me? I've put $17,500 into my 401k this year. I have $30,000 left over. What do I do next? Thanks!

1) Does your 401(k) plan permit after-tax contributions? The numbers your quote are the limits under law, but not all plans permit such contributions, or permit them without limit. Also, this is different from a "Roth 401(k)" option.
2) If the answer to #1 is yes, does your 401(k) plan permit in-service withdrawals?

If so, you may be able to get some use out of this.

3) Does your 401(k) plan administrator hold after-tax contributions and associated earnings as a "separate contract"? That is, does it track them as a separate sub-account?

Assuming the answers those question are yes, you could make after-tax contributions to your 401(k), up to the portion of the annual maximum (currently $52,000 under law, but possibly lower in your plan or circumstances) not used by your elective deferral (the $17,500) and any employer contribution. You could then take an in-service withdrawal of such contributions (together with associated earnings) as a rollover to a traditional IRA, a Roth IRA, or a combination of both (as the IRS has now expressly approved), although it's possible your plan needs to catch up to the recent ruling. Although there is a $5,500 limit for contributions to an IRA, what you are asking about is not a contribution, but rather a "rollover." While you could roll the entire amount of the after-tax contributions and the associated earnings directly to a Roth IRA, the earnings included in that amount would be taxed as income. There are a couple of techniques to isolate the contributions from the earnings, though, and if your 401(k) plan also permits incoming rollover contributions from a traditional IRA, you may be able to both roll the after-tax contributions to a Roth IRA and avoid both (i) paying taxes on the earnings to roll them into the Roth IRA and (ii) creating any continuing balance in a traditional IRA that would have the effect of making future "backdoor Roth IRA contributions" partly taxable.

You may be able to get use out of this even if the answer to #2 is no (and, as I mentioned in post # 36 above, for some of us it may even be preferable not to exercise the right to do in-service distributions even if we have that ability).  After doing the after-tax contributions, if you leave all the funds in the 401k plan until you retire, you can roll the contributions (principal) into a Roth IRA (which then become immediately accessible tax- and penalty-free) and roll the earnings into a traditional IRA.  You can fold this tIRA into the rest of your Roth conversion pipeline, allowing you to gain penalty-free access to those funds five years after conversion (whereas if you had moved the contributions into the Roth IRA right away using in-service distributions, you couldn't access the earnings without penalty until traditional retirement age).

Yes, I should have noted that. For completeness, in the scenario you describe, you could access the earnings and the rest of the account via SEPP without penalty even before 59.5.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Daisy on November 03, 2014, 08:36:10 PM
This whole thread is making my head explode. It's times like these I wish pot was legal in my state. JK...not really a pot user...

So...I knew my 401k plan had an after-tax component but I always ignored it since I figured it was best to save in my own taxable account instead. But after reading this thread, I decided to look up my plan's information. We have the after-tax component, can save up to 20% of our income in it, and I can do an in-service withdrawal every 6 months. Woohoo! Now, do I want to do it? I may FIRE in a couple of years so being able to fund my Roth IRA further might be a good thing. I think I am above the income limits right now to be able to fund a Roth IRA with direct contributions so this could be very positive.

I'm still a little confused on whether these after-tax contributions can be accessed before five years (too much back and forth above and I am confused). It sure would help if the Mad FIentist would write an article on this...hint hint.

I think I stumped my plan's adviser when I had this chat with them today. They said I could roll over to a traditional IRA, but you guys are saying I can do it to a Roth IRA. I don't think they knew what I was talking about so maybe you guys are right. What do you think?

Here's our discussion:

Quote
401k Plan Guy:  Hello, and thanks for contacting us. How can I help you?
Me:  Hi. I just learned that our plan has after-tax contributions available. I currently max out the before tax contributions at $17,500 per year. Can I then also max out the after tax contribution at 20% of my salary?
Me:  Are there any income limits on maxing this out?
401k Plan Guy:  Hi, one moment while I confirm this information for you today.
401k Plan Guy:  You can continue to make after tax contributions to your 401k from 1%-20%.
Me:  Another question...
401k Plan Guy:  Yes
Me:  I read that I can also do an in-service distribution for this after-tax contribution every 6 months. Did I understand correctly? Can this be rolled over to a Roth IRA?
401k Plan Guy:  You must be 59 1/2 to process an in-service distribution.
Me:  Hold on let me see the page in the benefits book
401k Plan Guy:  Ok
Me:  Withdrawals of after-tax contributions
You may elect to withdraw all or any portion of your account attributable to your after-tax contributions. You may
not take more than one after-tax withdrawal in any six-month period. Like withdrawals of rollover amounts, the
minimum amount you may take is $200.
401k Plan Guy:  Correct, once you have reached the age of 59 1/2.
Me:  OK. I had read about a new IRS rule that might allow it. Maybe it's about to take effect. I will have to read on that. I know the before tax isn't allowed to be transferred while in service, but I thought the after tax was treated differently.
401k Plan Guy:  My apologies, yes you can withdraw your after-tax funds without an age restriction.
Me:  Yes, this is a complicated issue. Probably why I hadn't heard about it before.
Me:  So there is also no in-service limitation either?
Me:  If I am still employed I can withdraw the after tax funds and roll into a Roth IRA?
401k Plan Guy:  The funds must be rolled over to an eligible employer plan or traditional IRA.
Me:  OK, but I can withdraw while still employed...just one last verification.
Me:  (taxes are confusing)
401k Plan Guy:  Yes, after-tax no restriction (age 59 1/2 everything but employer contributions).
Me:  Perfect, thanks.
401k Plan Guy:  You're welcome.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Daisy on November 03, 2014, 08:42:02 PM
One of the benefits I see in the Roth IRA vs. taxable account is that you can trade within it (yes, I know it's a no-no) without worrying about capital gains. So then you don't have to worry whether you are below the 15% tax bracket as much while FIRE'd. And you can control your income a little better for ACA purposes.

I figure while FIRE'd I could first use my taxable accounts, then start withdrawing tax-free and income-worry free whatever contributions/rollovers I have made from my Roth IRA. All the while each year transferring from my traditional IRA to a Roth IRA every year to keep that pipeline going, and being able to withdraw those transfers after 5 years. The rollover amount would be my "income" for the year for ACA purposes.

Did I mention my head is exploding right now trying to process all of this?

EDIT: Even if I can't access the after-tax 401k money that has been transferred to a Roth for 5 years, if I start this now and FIRE in two years, I will be able to access the first year's money 3 years after FIREing.

By doing this, I won't have too much income left over to save in a regular taxable account, but I think I have three years worth of savings (at least) there.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: okashira on November 03, 2014, 09:08:39 PM
One of the benefits I see in the Roth IRA vs. traditional IRA is that you can trade within it (yes, I know it's a no-no) without worrying about capital gains. So then you don't have to worry whether you are below the 15% tax bracket as much while FIRE'd. And you can control your income a little better for ACA purposes.

I figure while FIRE'd I could first use my taxable accounts, then start withdrawing tax-free and income-worry free whatever contributions/rollovers I have made from my Roth IRA. All the while each year transferring from my traditional IRA to a Roth IRA every year to keep that pipeline going, and being able to withdraw those transfers after 5 years. The rollover amount would be my "income" for the year for ACA purposes.

Did I mention my head is exploding right now trying to process all of this?

EDIT: Even if I can't access the after-tax 401k money that has been transferred to a Roth for 5 years, if I start this now and FIRE in two years, I will be able to access the first year's money 3 years after FIREing.

By doing this, I won't have too much income left over to save in a regular taxable account, but I think I have three years worth of savings (at least) there.

Since you're looking to do "trading," you should be more upset that you can't deduct capital losses, either. ;-)
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: okashira on November 03, 2014, 09:09:35 PM
I have been doing this for a couple of months. Contributing to my after tax.
For some reason my employer allows only 18% salary to my after tax. :-/

I shouldn't complain, as 18% is way better then zero, and otherwise our 401k is pretty awesome.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Spondulix on November 03, 2014, 09:19:59 PM
I'm also still wrapping my head around this a bit... my 401k has an after tax option (up to 10%) that I'm not using. I'm maxing a pre-tax 401k and Roth IRA, and saving on my own. Knowing this new info, for 2015, would it make more sense to max the after-tax 401k, not max the pre-tax 401k, and reserve the Roth IRA for a backdoor contribution (like from a SEP IRA to Roth IRA)?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Daisy on November 03, 2014, 09:30:30 PM
One of the benefits I see in the Roth IRA vs. traditional IRA is that you can trade within it (yes, I know it's a no-no) without worrying about capital gains. So then you don't have to worry whether you are below the 15% tax bracket as much while FIRE'd. And you can control your income a little better for ACA purposes.

I figure while FIRE'd I could first use my taxable accounts, then start withdrawing tax-free and income-worry free whatever contributions/rollovers I have made from my Roth IRA. All the while each year transferring from my traditional IRA to a Roth IRA every year to keep that pipeline going, and being able to withdraw those transfers after 5 years. The rollover amount would be my "income" for the year for ACA purposes.

Did I mention my head is exploding right now trying to process all of this?

EDIT: Even if I can't access the after-tax 401k money that has been transferred to a Roth for 5 years, if I start this now and FIRE in two years, I will be able to access the first year's money 3 years after FIREing.

By doing this, I won't have too much income left over to save in a regular taxable account, but I think I have three years worth of savings (at least) there.

Since you're looking to do "trading," you should be more upset that you can't deduct capital losses, either. ;-)

Possibly. ;-)

I'm not saying I will trade or not, but basically that any capital gains obtained in the Roth IRA won't affect my ACA income, so I can confidently calculate what my FIRE taxable income is (whatever I roll over from a traditional IRA to Roth IRA every year while executing the Roth conversion pipeline) without worrying about capital gains influencing my MAGI for ACA.

Although if I choose to trade I will keep that a secret on this forum. ;-)

Man our tax code is weird...
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 03, 2014, 09:39:32 PM
This whole thread is making my head explode. It's times like these I wish pot was legal in my state. JK...not really a pot user...

So...I knew my 401k plan had an after-tax component but I always ignored it since I figured it was best to save in my own taxable account instead. But after reading this thread, I decided to look up my plan's information. We have the after-tax component, can save up to 20% of our income in it, and I can do an in-service withdrawal every 6 months. Woohoo! Now, do I want to do it? I may FIRE in a couple of years so being able to fund my Roth IRA further might be a good thing. I think I am above the income limits right now to be able to fund a Roth IRA with direct contributions so this could be very positive.

I'm still a little confused on whether these after-tax contributions can be accessed before five years (too much back and forth above and I am confused). It sure would help if the Mad FIentist would write an article on this...hint hint.

I think I stumped my plan's adviser when I had this chat with them today. They said I could roll over to a traditional IRA, but you guys are saying I can do it to a Roth IRA. I don't think they knew what I was talking about so maybe you guys are right. What do you think?

First of all, you can (and should) convert the after-tax portion to a Roth IRA instead of a traditional IRA. The whole reason to do this is to put more money into your Roth accounts as quickly as possible so that it grows tax-free from now on. Leaving the money in the traditional after-tax 401(k) or IRA is worse than just having the money in a taxable account because your normal tax rate is higher than your capital gains tax rate.

If the after-tax part of your 401(k) has increased in value between your pay deductions and the in-service distribution, you haven't paid tax on the earnings yet. You can choose to either roll the earnings into the Roth IRA along with the contributions, or you can roll the earnings into a traditional IRA. The Roth IRA is probably a bit less paperwork, but you will have to pay tax on the earnings in the year you make the conversion. In addition, if you withdraw the earnings from the Roth IRA within five years, you'll owe a 10% penalty on this portion only. The after-tax portion can always be withdrawn from the Roth IRA tax-free and penalty-free..

Does that clear things up a bit?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Daisy on November 03, 2014, 09:47:54 PM
This whole thread is making my head explode. It's times like these I wish pot was legal in my state. JK...not really a pot user...

So...I knew my 401k plan had an after-tax component but I always ignored it since I figured it was best to save in my own taxable account instead. But after reading this thread, I decided to look up my plan's information. We have the after-tax component, can save up to 20% of our income in it, and I can do an in-service withdrawal every 6 months. Woohoo! Now, do I want to do it? I may FIRE in a couple of years so being able to fund my Roth IRA further might be a good thing. I think I am above the income limits right now to be able to fund a Roth IRA with direct contributions so this could be very positive.

I'm still a little confused on whether these after-tax contributions can be accessed before five years (too much back and forth above and I am confused). It sure would help if the Mad FIentist would write an article on this...hint hint.

I think I stumped my plan's adviser when I had this chat with them today. They said I could roll over to a traditional IRA, but you guys are saying I can do it to a Roth IRA. I don't think they knew what I was talking about so maybe you guys are right. What do you think?

First of all, you can (and should) convert the after-tax portion to a Roth IRA instead of a traditional IRA. The whole reason to do this is to put more money into your Roth accounts as quickly as possible so that it grows tax-free from now on. Leaving the money in the traditional after-tax 401(k) or IRA is worse than just having the money in a taxable account because your normal tax rate is higher than your capital gains tax rate.

If the after-tax part of your 401(k) has increased in value between your pay deductions and the in-service distribution, you haven't paid tax on the earnings yet. You can choose to either roll the earnings into the Roth IRA along with the contributions, or you can roll the earnings into a traditional IRA. The Roth IRA is probably a bit less paperwork, but you will have to pay tax on the earnings in the year you make the conversion. In addition, if you withdraw the earnings from the Roth IRA within five years, you'll owe a 10% penalty on this portion only. The after-tax portion can always be withdrawn from the Roth IRA tax-free and penalty-free..

Does that clear things up a bit?

Yes...I think you are saying I can withdraw whatever after-tax portion I had contributed to the 401k then transferred to a Roth IRA (which I do every 6 months) without worrying about a 5 year delay.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: PathtoFIRE on November 04, 2014, 08:45:49 AM
...you can roll the contributions (principal) into a Roth IRA (which then become immediately accessible tax- and penalty-free)...

Just so I understand, unlike a conversion of a traditional IRA to a Roth IRA (such as is used in the backdoor Roth), when you rollover aftertax traditional 401k contributions to a Roth IRA, there is no 5-year seasoning period, and they are treated exactly like true Roth IRA contributions, no tax and no penalty before 59.5years of age? That is awesome! I need the ability to contribution 401k aftertax now!
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: welliamwallace on November 04, 2014, 08:59:19 AM
...you can roll the contributions (principal) into a Roth IRA (which then become immediately accessible tax- and penalty-free)...

Just so I understand, unlike a conversion of a traditional IRA to a Roth IRA (such as is used in the backdoor Roth), when you rollover aftertax traditional 401k contributions to a Roth IRA, there is no 5-year seasoning period, and they are treated exactly like true Roth IRA contributions, no tax and no penalty before 59.5years of age? That is awesome! I need the ability to contribution 401k aftertax now!

Almost. My understanding from this thread is that you have to think of your aftertax 401k as being made up of two components: contributions and earnings. When you go to roll it over to IRAs, the contributions portion go go straight to a Roth IRA with no seasoning period. The earnings portion you would have to either roll it over to a traditional IRA (which the new ruling allows you to easily do), or roll it over to a Roth IRA, pay income taxes on it, and have a 5 year seasoning period. (The same as if you first rolled over the earnings to a tIRA then immediately to a Roth IRA.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 04, 2014, 11:04:14 AM
Almost. My understanding from this thread is that you have to think of your aftertax 401k as being made up of two components: contributions and earnings. When you go to roll it over to IRAs, the contributions portion go go straight to a Roth IRA with no seasoning period. The earnings portion you would have to either roll it over to a traditional IRA (which the new ruling allows you to easily do), or roll it over to a Roth IRA, pay income taxes on it, and have a 5 year seasoning period. (The same as if you first rolled over the earnings to a tIRA then immediately to a Roth IRA.

Yes this is correct.  The easiest way to think about this is that you can get money into your Roth IRA in a variety of ways (direct contribution, conversion of traditional IRA, rollover from after-tax 401k, etc.), and you can always take money out of your Roth IRA but you have to follow the distribution ordering rules to determine if the withdrawals will be subject to tax or penalty (and you can use seattle's excellent post on that topic (post # 28 above) as a guide).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 04, 2014, 11:06:50 AM
...you can roll the contributions (principal) into a Roth IRA (which then become immediately accessible tax- and penalty-free)...

Just so I understand, unlike a conversion of a traditional IRA to a Roth IRA (such as is used in the backdoor Roth), when you rollover aftertax traditional 401k contributions to a Roth IRA, there is no 5-year seasoning period, and they are treated exactly like true Roth IRA contributions, no tax and no penalty before 59.5years of age? That is awesome! I need the ability to contribution 401k aftertax now!

The same provision applies to backdoor Roth IRA contributions as well. A penalty is only owed when you withdraw amounts that you paid tax on at the time of conversion from traditional to Roth. When you convert pre-tax amounts from your traditional IRA or 401(k) to a Roth IRA, you have to wait five years before you can withdraw these funds penalty-free. When you convert post-tax amounts from your traditional IRA or 401(k) to a Roth IRA, the money can be taken out immediately without penalty.

Do keep the ordering rules in mind. Conversions are always withdrawn in first-in, first-out order. If you converted pre-tax funds last year and after-tax funds this year, you can't withdraw the after-tax funds until the pre-tax funds have been withdrawn, so you would have to wait until five years from last year's conversion to withdraw without penalty.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: welliamwallace on November 04, 2014, 11:09:16 AM
I've made a significant update to the original post, hopefully clarifying things. 90% of the confusion in these comments is about how the earnings made in an after-tax 401(k) are handled when rolled over to a Roth IRA. The whole point of this post and the IRS ruling is that you can roll over those earning to a traditional IRA now, avoiding the confusion.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Abe on November 04, 2014, 07:10:26 PM
Thanks for the clarification. Per your update and the diagrams, in most cases it would still be better to put the excess above $17.5k into a taxable account to avoid the marginal income tax rate on earnings and pay just the long-term capital gains (assuming one only withdraws earnings to fund retirement) ?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Daisy on November 04, 2014, 07:21:50 PM
I've made a significant update to the original post, hopefully clarifying things. 90% of the confusion in these comments is about how the earnings made in an after-tax 401(k) are handled when rolled over to a Roth IRA. The whole point of this post and the IRS ruling is that you can roll over those earning to a traditional IRA now, avoiding the confusion.

Thanks for the update! It's been very helpful.

Well after considering this through, I figure I am the target market for these after-tax 401k contributions so today I changed my 401k to also take out 20% for after-tax funds. I couldn't see anywhere a way to steer the before and after tax funds into different investments. I'll see what the first contribution looks like. Hopefully it takes for this next paycheck.

I also recalculated my MAGI and I do indeed qualify for regular Roth IRA contributions as well. I haven't seen anything that says I can't contribute to both. I suppose once I start transferring the after-tax 401k contributions over to the Roth every 6 months I will be mixing and matching the types of Roth IRA contributions. It might make it confusing once I start to want to withdraw the contributions pre-59.5. Would it be better to create two different Roths to avoid confusion?

Thanks for the clarification. Per your update and the diagrams, in most cases it would still be better to put the excess above $17.5k into a taxable account to avoid the marginal income tax rate on earnings and pay just the long-term capital gains (assuming one only withdraws earnings to fund retirement) ?

If you can afford to, I still think the after-tax 401k is better than a regular taxable account because then your money grows tax free once you place it into a Roth IRA. No need to worry about capital gains. And with the ACA lurking out there, you want to be able to control your MAGI well while FIRE'd and not worry about capital gains.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on November 05, 2014, 12:31:10 AM
in most cases it would still be better to put the excess above $17.5k into a taxable account to avoid the marginal income tax rate on earnings and pay just the long-term capital gains (assuming one only withdraws earnings to fund retirement) ?

How do you think you are avoiding paying your marginal income tax rate on money you're putting into your taxable account?  The whole point of this megabackdoor Roth idea is that you're going to be paying your marginal tax rate this year either way, but at least if you put the money into your 401k as after tax contributions then you have the option of moving it into a Roth for some tax shelter later on, which your taxable account will never offer.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: okashira on November 05, 2014, 12:41:28 PM
Thanks for the clarification. Per your update and the diagrams, in most cases it would still be better to put the excess above $17.5k into a taxable account to avoid the marginal income tax rate on earnings and pay just the long-term capital gains (assuming one only withdraws earnings to fund retirement) ?

Uh, how would you be "avoiding" marginal income tax on deposits into a taxable acct??
If you had a magic wand to make this happen, then, yeah, it would be nice.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: RabStache on November 06, 2014, 09:24:19 AM
I just called Fidelity and found that while my employer offers after tax contributions, they do not offer in service distributions.  Would it still be beneficial to do 25% Pre-tax (18k max), and then 5% after-tax (My 401k plan has a 30% max) and when I leave the company convert contributions to Roth IRA and earnings to Traditional IRA?  Is there anything I should be aware of in doing this?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on November 06, 2014, 12:06:35 PM
I just called Fidelity and found that while my employer offers after tax contributions, they do not offer in service distributions.  Would it still be beneficial to do 25% Pre-tax (18k max), and then 5% after-tax (My 401k plan has a 30% max) and when I leave the company convert contributions to Roth IRA and earnings to Traditional IRA?  Is there anything I should be aware of in doing this?

I also don't have access to in-service distributions, so my plan is very similar.  I will make after-tax contributions that will stay put until I retire, at which point I will convert my 401k using the above methods, which basically break down into three parts.

Part 1 is my normal pre-tax 401k contributions, which will get converted to a traditional IRA (a tax free conversion).  I will then start the annual 5 year pipeline by converting a portion of these traditional IRA funds to a Roth IRA, paying taxes in the year of conversion.

Part 2 is my after-tax contributions to my 401k contribution, which are further subdivided into contributions and earnings.
       a.  contributions can get converted directly to a Roth IRA, since taxes have already been paid on them.  Immediately withdrawable.
       b.  earnings will get converted to a (different) traditional IRA, because they have not yet been taxed.  Must wait 5 years to withdraw.

The downside of this plan is that the after-tax contributions are tied up until you retire, plus however long it takes to convert them and then withdraw them from your Roth.  So I wouldn't do it for ALL of your after tax contributions, in case you discover that you need some of that money before then.  In our case, we'll already have a significant taxable account balance so utilizing the after-tax 401k contributions is just a tiny bit of extra tax shelter on some fraction of our savings.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 06, 2014, 12:20:17 PM
Basically, the sooner you can get the after-tax contributions out of the 401(k) where earnings are pre-tax into the Roth IRA where the earnings are tax-free, the better. If you're planning to leave your job in the next few years, this may make sense. If you plan to stay with the same employer for the next decade or two, you may be better off investing in a taxable account. The earnings will have a lower tax rate this way and you'll have easier access to the funds if you need them.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 06, 2014, 12:41:53 PM
Basically, the sooner you can get the after-tax contributions out of the 401(k) where earnings are pre-tax into the Roth IRA where the earnings are tax-free, the better.

Not necessarily.  I'd say that for the average aspiring extremely-early retiree, forgoing in-service withdrawals is the better plan (assuming there are good investment options in the 401k plan).  Keeping the after-tax contributions in the 401k allows you to defer taxes on the earnings during your high income earning years, but allows you to access those earnings sooner (on a tax- and penalty-free basis) than if you rolled the contributions immediately to a Roth IRA using in-service withdrawals (because when you retire, you can roll the earnings to a tIRA and access them five years thereafter).  The fact that those earnings are at that point taxable upon withdrawal/conversion from the tIRA is of little consequence, because you will then be in a low enough bracket not to have to pay taxes (which is the same reason the Roth conversion pipeline idea makes sense).  Doing it this way (essentially folding the earnings into your Roth conversion pipeline) also gives you additional "dry powder" in your tIRA to play around with if, for example, you are struggling to find enough income to hit the minimum for Affordable Care Act subsidies.

In my view, the biggest trade-off of doing it this way is the lost insulation against future changes in tax laws that may change the analysis.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: johnhenry on November 06, 2014, 12:59:15 PM
Basically, the sooner you can get the after-tax contributions out of the 401(k) where earnings are pre-tax into the Roth IRA where the earnings are tax-free, the better.

Not necessarily.  I'd say that for the average aspiring extremely-early retiree, forgoing in-service withdrawals is the better plan (assuming there are good investment options in the 401k plan).  Keeping the after-tax contributions in the 401k allows you to defer taxes on the earnings during your high income earning years, but allows you to access those earnings sooner (on a tax- and penalty-free basis) than if you rolled the contributions immediately to a Roth IRA using in-service withdrawals (because when you retire, you can roll the earnings to a tIRA and access them five years thereafter).  The fact that those earnings are at that point taxable upon withdrawal/conversion from the tIRA is of little consequence, because you will then be in a low enough bracket not to have to pay taxes (which is the same reason the Roth conversion pipeline idea makes sense).  Doing it this way (essentially folding the earnings into your Roth conversion pipeline) also gives you additional "dry powder" in your tIRA to play around with if, for example, you are struggling to find enough income to hit the minimum for Affordable Care Act subsidies.

In my view, the biggest trade-off of doing it this way is the lost insulation against future changes in tax laws that may change the analysis.

<brooklyn accent>
Uhh... Hey bud, is you shoe you's from Brooklyn?  I ain't nevva heard nobody from Brooklyn talkin' like that!
</brooklyn accent>
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 06, 2014, 01:11:55 PM
<brooklyn accent>
Uhh... Hey bud, is you shoe you's from Brooklyn?  I ain't nevva heard nobody from Brooklyn talkin' like that!
</brooklyn accent>

(http://graphics8.nytimes.com/images/2013/10/02/arts/02artsbeat-banksy2/02artsbeat-banksy2-blog480.jpg)

Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 06, 2014, 01:36:11 PM
You must have missed THE NYC story of the last 20 years: Brooklyn is now officially gentrified. I hear very few NYC accents here any more. Actually, I hear more of them in my hometown in the NYC burbs. Every second elderly person there grew up in Brooklyn.

Yes.  In real life I actually do speak with a Brooklyn accent (though not quite the heavy Brooklynese of johnhenry's post), but I am a dying breed in this New Brooklyn of waxed mustaches and artisanal pickle-makers.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 06, 2014, 04:23:09 PM
Basically, the sooner you can get the after-tax contributions out of the 401(k) where earnings are pre-tax into the Roth IRA where the earnings are tax-free, the better.

Not necessarily.  I'd say that for the average aspiring extremely-early retiree, forgoing in-service withdrawals is the better plan (assuming there are good investment options in the 401k plan).  Keeping the after-tax contributions in the 401k allows you to defer taxes on the earnings during your high income earning years, but allows you to access those earnings sooner (on a tax- and penalty-free basis) than if you rolled the contributions immediately to a Roth IRA using in-service withdrawals (because when you retire, you can roll the earnings to a tIRA and access them five years thereafter).  The fact that those earnings are at that point taxable upon withdrawal/conversion from the tIRA is of little consequence, because you will then be in a low enough bracket not to have to pay taxes (which is the same reason the Roth conversion pipeline idea makes sense).  Doing it this way (essentially folding the earnings into your Roth conversion pipeline) also gives you additional "dry powder" in your tIRA to play around with if, for example, you are struggling to find enough income to hit the minimum for Affordable Care Act subsidies.

In my view, the biggest trade-off of doing it this way is the lost insulation against future changes in tax laws that may change the analysis.

I disagree that this would be an optimal strategy for many early retirees. I'm assuming that someone will max out their pre-tax 401(k) before doing the after-tax contributions. Even someone who retires very early will then have a sizable amount in their pre-tax 401(k), enough to fund a Roth pipeline maxing out the 0-10% tax brackets for quite a few years. The later you retire, the smaller this number of years needs to be in order to reach age 59½. The earlier you're able to retire, the more likely it is that you had to do some taxable saving in addition to your 401(k) and IRAs in order to get a big enough stash to retire. That taxable account will supplement the Roth pipeline, again making it quite likely that you get to 59½ before you need to even think about touching the earnings in your Roth.

I'm really having a hard time envisioning a scenario where someone both has enough money to sustain them for the rest of their life, but that money is all in the form of Roth earnings that they're too young to withdraw. Maybe if there was extremely high inflation that devalued the Roth principal in nominal terms. Beyond that, I don't think that's something most of us will need to worry about.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 06, 2014, 07:31:24 PM
I disagree that this would be an optimal strategy for many early retirees. I'm assuming that someone will max out their pre-tax 401(k) before doing the after-tax contributions. Even someone who retires very early will then have a sizable amount in their pre-tax 401(k), enough to fund a Roth pipeline maxing out the 0-10% tax brackets for quite a few years. The later you retire, the smaller this number of years needs to be in order to reach age 59½. The earlier you're able to retire, the more likely it is that you had to do some taxable saving in addition to your 401(k) and IRAs in order to get a big enough stash to retire. That taxable account will supplement the Roth pipeline, again making it quite likely that you get to 59½ before you need to even think about touching the earnings in your Roth.

I'm really having a hard time envisioning a scenario where someone both has enough money to sustain them for the rest of their life, but that money is all in the form of Roth earnings that they're too young to withdraw. Maybe if there was extremely high inflation that devalued the Roth principal in nominal terms. Beyond that, I don't think that's something most of us will need to worry about.

By definition, anyone who is a good candidate for the Roth conversion pipeline strategy won't get much (or any) benefit out of having funds inside a Roth instead of a taxable account post-retirement, so getting earlier access to the funds arguably outweighs the minimal to non-existent tax benefits of sheltering the earnings inside the Roth.  And since the after-tax 401k mega backdoor Roth strategy is an alternative to investing in taxable accounts, many aspiring early retirees who use it could build up large stashes composed entirely (or almost entirely) of tax-advantaged accounts with little to no taxable component.  Maybe it was too strong of a statement to say that this will be the optimal strategy for the typical early retiree, but it will definitely be true for some subset of us.

Let's say someone has annual income of $100k.  They max out their traditional 401k ($17.5k per year) and after-tax 401k ($34.5k per year) (their income is too high to do deductible IRA contributions).  Their annual expenses are about $30k, so after taxes and the traditional and after-tax 401k contributions they have no savings left over for taxable investments.  After ten years, assuming continuous 8% returns (for simplicity's sake), this person will have accumulated about:

 - $260k in their trad 401k; and
 - $515k in their after-tax 401k ($170k of which represents earnings)

So this person's total stash is roughly $775k -- just enough to support $30k of expenses using a 4% withdrawal rate.  But there's only $345k (the total after-tax 401k contributions) immediately available upon retirement, and, if this person did immediate in-service rollovers of the after-tax amounts, only $260k available for the Roth conversion pipeline.  If this person retires at age 30, they need to fund three decades of retirement with only $605k (345 + 260) before gaining free access to the extra $170k; there's not much safety margin in those numbers (close to 5% for that 30 year period).  If this person split off the earnings on the after-tax contributions into a traditional IRA instead of doing immediate in-service withdrawals, they can access the entire portfolio (including the 170k) during those three decades, which brings the withdrawal rate back into safe territory (4%).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: welliamwallace on November 07, 2014, 08:36:48 AM
brooklynguy, I like your example.

" If this person split off the earnings on the after-tax contributions into a traditional 401k [Or IRA?] instead of doing immediate in-service withdrawals, they can access the entire portfolio (including the 170k) during those three decades, which brings the withdrawal rate back into safe territory (4%)."

This person will pay marginal income tax rates on those earnings though. If this person were to instead not put anything into an after tax 401k and put $34.5k per year into taxable accounts, they would only pay Long term capital gains tax on the earnings, most of which would probably be 0% for this low spender. THAT's the alternative you have to assess. (the downside of course is that income taxes are owed on any interest/dividends each year on the principal).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 07, 2014, 09:25:29 AM
brooklynguy, I like your example.

" If this person split off the earnings on the after-tax contributions into a traditional 401k [Or IRA?] instead of doing immediate in-service withdrawals, they can access the entire portfolio (including the 170k) during those three decades, which brings the withdrawal rate back into safe territory (4%)."

Oops, I meant to say "traditional IRA" (not traditional 401k) in the spot you quoted.  I edited the post to fix it.


This person will pay marginal income tax rates on those earnings though. If this person were to instead not put anything into an after tax 401k and put $34.5k per year into taxable accounts, they would only pay Long term capital gains tax on the earnings, most of which would probably be 0% for this low spender. THAT's the alternative you have to assess. (the downside of course is that income taxes are owed on any interest/dividends each year on the principal).

But my point is that this frugal person will probably be paying zero taxes on those earnings in retirement either way (just like with the rest of funds in the Roth conversion pipeline).  Once starting the pipeline, he or she should be converting an amount each year right up to the total amount of available deductions (for this frugal retiree, probably the standard deduction and exemptions), and tap the Roth contributions for any shortfall.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: welliamwallace on November 07, 2014, 11:36:10 AM
Got it, thanks for the clarification. I guess I really still expect my marginal income tax to be non zero, and greater than my LTCG tax in early retirement. For someone (e.g. Madfientist) with truly low expenses, you are probably right!
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 07, 2014, 12:01:09 PM
Quote
But my point is that this frugal person will probably be paying zero taxes on those earnings in retirement either way (just like with the rest of funds in the Roth conversion pipeline).  Once starting the pipeline, he or she should be converting an amount each year right up to the total amount of available deductions (for this frugal retiree, probably the standard deduction and exemptions), and tap the Roth contributions for any shortfall.

You only pay zero tax on Roth conversions to the extent that they are less than the standard deduction and personal exemption ($10k single/$20k married). In your example ($260k pre-tax growing at 8% annually), the earnings in the account each year ($20.8k) are more than enough to max out that space for a married couple. If you leave your $170k of after-tax earnings in a tax-deferred status, that amount will accumulate another $13.6k of tax-deferred earnings each year. So you either have to withdraw more than the earnings each year and pay some tax or stick to the 0% bracket and just let your pre-tax money grow indefinitely. In this case, you would have been better off putting your post-tax funds in a taxable account because you really would pay 0% tax on this $13.6k during retirement.

Having money in a traditional after-tax 401(k) during retirement is almost never a better idea than keeping that money in a taxable account. If you have the after-tax option available, it should only be used as a way to stuff your Roth with more money than you would otherwise be able to contribute. If you're worried about having access to enough money during pre-59½ retirement, use a taxable account instead so that the earnings are taxed at a lower rate when you sell.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 07, 2014, 03:47:56 PM
You only pay zero tax on Roth conversions to the extent that they are less than the standard deduction and personal exemption ($10k single/$20k married). In your example ($260k pre-tax growing at 8% annually), the earnings in the account each year ($20.8k) are more than enough to max out that space for a married couple. If you leave your $170k of after-tax earnings in a tax-deferred status, that amount will accumulate another $13.6k of tax-deferred earnings each year. So you either have to withdraw more than the earnings each year and pay some tax or stick to the 0% bracket and just let your pre-tax money grow indefinitely. In this case, you would have been better off putting your post-tax funds in a taxable account because you really would pay 0% tax on this $13.6k during retirement.

Having money in a traditional after-tax 401(k) during retirement is almost never a better idea than keeping that money in a taxable account. If you have the after-tax option available, it should only be used as a way to stuff your Roth with more money than you would otherwise be able to contribute. If you're worried about having access to enough money during pre-59½ retirement, use a taxable account instead so that the earnings are taxed at a lower rate when you sell.

The earnings in the pre-tax account would not outpace the available space for non-taxable Roth conversions, because the standard deduction and personal exemption are increased each year at a rate approximating the inflation rate.  (Your numbers incorrectly assume that the annual amount that can be converted tax-free in the Roth pipeline remains constant, unadjusted for inflation, for thirty years.)  Cfiresim tells me that historically, during those thirty years this hypothetical married couple would completely exhaust the $260k pre-tax account 83 out of 115 times if we continue to assume a constant 8% return (and 85 out of 115 times if we use actual historical performance) (in either case, using cfiresim's default settings for the other variables, including a 75/25 stock/bond allocation).  This couple is going to need to access the $170k of after-tax earnings in tax-deferred status during those thirty years too.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on November 07, 2014, 05:58:55 PM
You only pay zero tax on Roth conversions to the extent that they are less than the standard deduction and personal exemption ($10k single/$20k married). In your example ($260k pre-tax growing at 8% annually), the earnings in the account each year ($20.8k) are more than enough to max out that space for a married couple. If you leave your $170k of after-tax earnings in a tax-deferred status, that amount will accumulate another $13.6k of tax-deferred earnings each year. So you either have to withdraw more than the earnings each year and pay some tax or stick to the 0% bracket and just let your pre-tax money grow indefinitely. In this case, you would have been better off putting your post-tax funds in a taxable account because you really would pay 0% tax on this $13.6k during retirement.

Having money in a traditional after-tax 401(k) during retirement is almost never a better idea than keeping that money in a taxable account. If you have the after-tax option available, it should only be used as a way to stuff your Roth with more money than you would otherwise be able to contribute. If you're worried about having access to enough money during pre-59½ retirement, use a taxable account instead so that the earnings are taxed at a lower rate when you sell.

The earnings in the pre-tax account would not outpace the available space for non-taxable Roth conversions, because the standard deduction and personal exemption are increased each year at a rate approximating the inflation rate.  (Your numbers incorrectly assume that the annual amount that can be converted tax-free in the Roth pipeline remains constant, unadjusted for inflation, for thirty years.)  Cfiresim tells me that historically, during those thirty years this hypothetical married couple would completely exhaust the $260k pre-tax account 83 out of 115 times if we continue to assume a constant 8% return (and 85 out of 115 times if we use actual historical performance) (in either case, using cfiresim's default settings for the other variables, including a 75/25 stock/bond allocation).  This couple is going to need to access the $170k of after-tax earnings in tax-deferred status during those thirty years too.

Are we using inflation in this scenario or not? I figured we were ignoring it because of the assumption of constant $17.5k/$34.5k contributions to the 401(k) (these limits are indexed to inflation as well). But if we're ignoring inflation, 8% return on investments is a bit higher than I would assume, so I concede that the earnings on the pre-tax account would probably not actually be higher than the 0% tax bracket most years for a married couple.

I will also concede that the couple in your example would probably be better off leaving their money in their after-tax 401(k) than converting to Roth. They would even be better off doing this than having the money in a taxable account because they wouldn't need to pay tax on dividends/capital gains during their working years.

However, I would also argue that this is pretty much the most extreme possible scenario.

If the worker had earned any more each year, they would have had some money left over to save in a taxable account, increasing the fraction of their money that isn't earnings on after-tax contributions.

If the worker had earned any less each year, they would have been unable to max out the after-tax 401(k). This would have also increased the fraction of their money that isn't earnings on after-tax contributions.

If the worker had an employer match in their 401(k), they would have more pre-tax money going in there each year, which would have reduced their after-tax contribution limit, which would have also increased the fraction of their money that isn't earnings on after-tax contributions.

If the worker's spouse also worked for a company offering a 401(k), each earning $50k instead of one earning $100k, the couple would have doubled their pre-tax contributions and the after-tax contributions would have been cut roughly in half, which would once again increase the fraction of their money that isn't earnings on after-tax contributions.

Basically any variable you tweak in your scenario increases the probability that the couple would be able to make it to age 59½ without touching the earnings on their after-tax contributions. There may be many real-life couples who are similar enough to your hypothetical couple that they would benefit from making after-tax 401(k) contributions and not converting them to Roth right away. However, I stand by my statement that this is a sub-optimal strategy for the majority of early retirees. Most would be better off either saving in a taxable account or making after-tax 401(k) contributions and regularly converting them to Roth.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: sol on November 07, 2014, 06:11:55 PM
The conversation is far too polite and the participants far too knowledgeable for it to take place on the internet.   Please report to an offline venue or get back on track with the name calling and add hominem attacks.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 07, 2014, 07:35:14 PM
Are we using inflation in this scenario or not? I figured we were ignoring it because of the assumption of constant $17.5k/$34.5k contributions to the 401(k) (these limits are indexed to inflation as well). But if we're ignoring inflation, 8% return on investments is a bit higher than I would assume, so I concede that the earnings on the pre-tax account would probably not actually be higher than the 0% tax bracket most years for a married couple.

Good point about the constant 17.5/34.5k contributions.  It didn't occur to me that inflation adjustments are relevant there too.
 
I will also concede that the couple in your example would probably be better off leaving their money in their after-tax 401(k) than converting to Roth. They would even be better off doing this than having the money in a taxable account because they wouldn't need to pay tax on dividends/capital gains during their working years.

However, I would also argue that this is pretty much the most extreme possible scenario.

If the worker had earned any more each year, they would have had some money left over to save in a taxable account, increasing the fraction of their money that isn't earnings on after-tax contributions.

If the worker had earned any less each year, they would have been unable to max out the after-tax 401(k). This would have also increased the fraction of their money that isn't earnings on after-tax contributions.

If the worker had an employer match in their 401(k), they would have more pre-tax money going in there each year, which would have reduced their after-tax contribution limit, which would have also increased the fraction of their money that isn't earnings on after-tax contributions.

If the worker's spouse also worked for a company offering a 401(k), each earning $50k instead of one earning $100k, the couple would have doubled their pre-tax contributions and the after-tax contributions would have been cut roughly in half, which would once again increase the fraction of their money that isn't earnings on after-tax contributions.

Basically any variable you tweak in your scenario increases the probability that the couple would be able to make it to age 59½ without touching the earnings on their after-tax contributions. There may be many real-life couples who are similar enough to your hypothetical couple that they would benefit from making after-tax 401(k) contributions and not converting them to Roth right away. However, I stand by my statement that this is a sub-optimal strategy for the majority of early retirees. Most would be better off either saving in a taxable account or making after-tax 401(k) contributions and regularly converting them to Roth.

I agree with most of this, except the scenario where the worker had earned less each year (which is probably the most common real world scenario, since most people don't have six figure salaries).  It is true that a worker who earns less won't be able to max out the after-tax 401k, which would increase the fraction of their money that isn't earnings on after-tax contributions, but so what?  That person would also be better off leaving their money in their after-tax 401k than doing in-service rollovers to Roth, and possibly better off doing this than doing taxable investing (depending on just how much less they earn), just like the person in the example.

We have also ignored lots of other variables, such as other potential deductions/exemptions available after retirement (what if our worker has kids after he or she retires?), state taxes (if they are high and don't get the same favorable 0% tax treatment for low income brackets as under the federal scheme, like in my home state, then the taxable investment alternative becomes less attractive), etc.

So it's tough to say which is the more common scenario.  Like I said before, it might have been an overstatement to say that keeping the funds in the after-tax 401k approach is the better approach for the "average" or "typical" aspiring early retiree, but I also don't think we can safely say the overwhelming majority of us are definitely better off doing immediate conversions to Roth.

In the interest of full disclosure, personally I am doing immediate in-service withdrawals, both because (i) I already have a sizable taxable account and (ii) I value the protection against changes in tax laws provided by the Roth (all of the analysis we are doing in these discussions could become obsolete if tax laws change).  Also, my example assumes that this worker's situation (annual expenses, absence of other income sources, etc.) are set in stone for at least three decades after retirement, but of course that's not the way it works in real life.  So even if I was in this hypothetical worker's shoes, I might do in-service Roth rollovers as a hedge against the unknown.

Oh, and for Sol's benefit, you're a schmuck!
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Schaefer Light on November 21, 2014, 12:20:31 PM
Unfortunately, my 401(k) plan doesn't allow for after-tax contributions OR in-service withdrawals.  I'm lobbying for getting both of these features added.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on November 21, 2014, 01:40:24 PM
Since this thread has just been bumped, in case anyone hasn't seen it, yesterday the Mad Fientist did a nice write-up of the mega backdoor Roth option available here (http://www.madfientist.com/after-tax-contributions/).  It doesn't contain any information not available in this thread, but in typical Mad Fientist fashion it presents the information in an easy-to-follow, clear and concise manner (it is actually missing some of the nuances discussed in this thread, but that's the price of clarity and concision, and the details and nuances will get fleshed out in the comments).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: panhead on November 21, 2014, 09:34:42 PM
Good thread.  There is some excellent discussion on this topic at bogleheads.org.  Go there and search the forum for "IRS relents" or "mega backdoor ROTH".  There are several tax experts who have chimed in.
A couple points I haven't seen mentioned:
If you have a 401k that allows 1) after tax contributions, 2) in service withdrawals and 3) separate sub-account for taxable portion, then the mega backdoor ROTH is a possiblility. 
Now, if you are a crazy saver and also want to do your $5500 back door ROTH IRA conversions as you are ineligible due to income, you have to be careful.  If you have any existing traditional IRAs, you will run afoul of the pro-rata rule, making this strategy (the backdoor ROTH IRA) unhelpful.  So if you have earnings on your after tax portion of your 401k and roll the earnings over to a traditional IRA when you do the in-service withdrawal and still want to do the backdoor strategy, you have three options:

1)  Roll the earnings into your ROTH IRA as well.  You will need to pay attention to withdrawal ordering rules and will have to pay penalty if you hit the earnings based on ordering rules (discussed above)
2)  If your original 401k plan allows it, you can roll the earnings back into your original 401k (pre-tax) plan.
3)  If the earniings are small, you could always take the earnings and pay tax and penalty on it and call it a day.

Some have mentioned leaving the after tax portion in the 401k, or doing in service conversions to the company's ROTH 401k plan.   The way the 401k plans work, is there is no way to separately define where after tax money will be invested with respect to pre-tax money.
It has been stressed that the existence of the "after tax subaccount" is one of the requirements in order to be able to do this.  My thinking is that every plan would track it separately, and considering it's just accounting, I'm not sure why all plans who allow after tax contributions wouldn't have the idea of a separate sub-account, but just something to keep in mind.

Lastly, even though you could roll the earnings back into your original 401k plan, you can't leave the earnings there when you do the in service withdrawal, as the earnings have to follow the contributions. 
-Pan


 
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Schaefer Light on November 22, 2014, 05:35:52 AM
Since this thread has just been bumped, in case anyone hasn't seen it, yesterday the Mad Fientist did a nice write-up of the mega backdoor Roth option available here (http://www.madfientist.com/after-tax-contributions/).  It doesn't contain any information not available in this thread, but in typical Mad Fientist fashion it presents the information in an easy-to-follow, clear and concise manner (it is actually missing some of the nuances discussed in this thread, but that's the price of clarity and concision, and the details and nuances will get fleshed out in the comments).
Thanks for sharing the link.  That is helpful.  I think I'll pass that along to our HR dept. in the hopes that they might see the advantage of allowing this in our 401(k) plan.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Daisy on December 14, 2014, 09:28:01 PM
Assuming you have an after-tax 401k option with the possibility of in-service withdrawals...what would happen if in the 6 month period in which you can do the in-service withdrawal the market goes down? In that case, there will be no taxable gains. In a regular after tax account you would be able to take a capital loss. All of the analysis of this strategy that I've seen just talks about gains that are made while your 6 month contributions are marinating in the company's 401k plan before withdrawing.

Is it even worth worrying about? I haven't done this yet so I don't know how my plan will treat the in-service withdrawals.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on December 15, 2014, 06:12:12 AM
If the value of the investments in the after-tax 401k account is down at the time you do the in-service withdrawal, then there are no gains and you can roll over the entire amount into the Roth IRA on a tax-free basis, which is equivalent to having done the in-service rollover immediately after the contribution was made (before you had a chance to incur any gains).  You are right that you can't take a capital loss, but that's true of any tax-sheltered investing strategy.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: WGH on January 07, 2015, 01:35:15 PM
Bumping this with a question as my company has the trifecta of after tax 401k, allowing in service withdrawals and subaccounting of the different accounts.

One complication is we have an employer match on the after tax portion. I would assume that would be considered pre tax money for the purposes of rolling it over to a Roth IRA?

In the madfientist article that was linked above there was a description of moving the earnings amount on the after tax portion $8,700 in his example to the Roth as well and not incurring any penalty or taxable event. This seems contradicting to this thread from his explanation: "You can see that the gains on the after-tax contributions that would have been taxed in the initial scenario are now protected in the Roth IRA and will be tax free whenever we decide to withdraw the money!"

So according to the above quote these gains that were originally tax deferred gains generated in the after tax 401k will now not be taxed ever in the Roth, no matter when you withdraw them..... then why would you even consider putting them in a traditional IRA?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on January 07, 2015, 02:48:41 PM
Bumping this with a question as my company has the trifecta of after tax 401k, allowing in service withdrawals and subaccounting of the different accounts.

One complication is we have an employer match on the after tax portion. I would assume that would be considered pre tax money for the purposes of rolling it over to a Roth IRA?

Are you sure you get an employer match on the after-tax contributions, above and beyond the employer match on the traditional pre-tax and/or Roth contributions?  That sounds too generous to be true.  But in any event, I believe the employer match is always treated as a pre-tax contribution.

Quote
In the madfientist article that was linked above there was a description of moving the earnings amount on the after tax portion $8,700 in his example to the Roth as well and not incurring any penalty or taxable event. This seems contradicting to this thread from his explanation: "You can see that the gains on the after-tax contributions that would have been taxed in the initial scenario are now protected in the Roth IRA and will be tax free whenever we decide to withdraw the money!"

So according to the above quote these gains that were originally tax deferred gains generated in the after tax 401k will now not be taxed ever in the Roth, no matter when you withdraw them..... then why would you even consider putting them in a traditional IRA?

You seem to be confused about what the Mad Fientist described in his example.  He wasn't describing moving any earnings from the after-tax 401k account to the Roth IRA; instead, he was describing moving the contributions from the after-tax 401k account to the Roth IRA immediately (before any earnings had a chance to accrue).  So the $8700 of earnings in his example was not transferred from the 401k to the Roth IRA--at the time of the rollover, the 8700 didn't exist yet.  It accrued later on in the year, inside the Roth IRA.  If, instead, the rollover was delayed and occurred after those earnings had accrued inside the 401k after-tax account, those earnings would be subject to tax if rolled into a Roth IRA (or they could be segregated off and rolled into a traditional IRA and maintain their pre-tax status).
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Emanonrog on January 07, 2015, 03:04:16 PM
Quick followup question to your last comment, Brooklynguy...

Assuming you did move the your after-tax contributions with some gains, and you moved everything into your Roth, the taxes you owe on the gains are just normal income taxes (no penalty).  I assume this is the case since your rolling over your balance into a Roth IRA, not withdrawing them. 
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on January 07, 2015, 03:23:47 PM
Correct.  Penalties only come into the picture when you are making withdrawals from the Roth IRA.  Any earnings in the after-tax 401k account that are rolled into the Roth IRA will be subject to tax (but not penalty) at the time of the rollover, and will be subject to a 10% penalty if withdrawn from the Roth IRA within five years after the rollover.

Seattlecyclone's post # 28 in this thread on the IRS ordering rules is an excellent resource for determining the answer to these types of questions.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: MrMoogle on January 08, 2015, 02:21:10 PM
I've been researching this and came across this article:
http://thefinancebuff.com/after-tax-401k-403b-rollover-to-roth-small-paycheck.html

If you have this "Mega Backdoor Roth" option, and have outside investments already, and won't get
up to the 53k from your annual salary, you can "convert" non-retirement money into Roth.  Basically use your outside investments to live off of, and put your whole paycheck to this.

The numbers he uses are not very mustacian, but there's still benefit IMO.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: ysette9 on January 08, 2015, 02:57:51 PM
I just spent a day reading through all of this, the related articles, checking my eligibility for after-tax contributions and all of that and then at the end stumble upon this: “Yes, the after-tax contribution option has ramifications for the highly compensated employee rules. “

Curses!

According to the email they sent me late last year I am expected to be a "HCE" and my total contributions are limited to only $3000 over the normal federal limit. I am now just informed enough on this subject to be super bummed that it really isn't an option for me.

Such is life sometimes. Back to investing in Vanguard total market....
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: waltworks on January 08, 2015, 03:08:03 PM
Anyone who is self-employed and running their own 401k through Vanguard tried to do this yet?

-W
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: MrMoogle on January 08, 2015, 03:13:21 PM
I'm not self-employed so I didn't read up about it, but I did scan through this:
http://thefinancebuff.com/after-tax-contributions-in-solo-401k.html

And it talks about some of the hurdles.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: 27y/oTennesseeRetiree on January 08, 2015, 03:20:33 PM
THANK YOU all! I have a balloon payment on a Mortgage in my Roth in 2018 and you guys have just given me the key to guarantee that I have the funds to cover it without having to borrow from a private lender at crappy terms!
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: stuckinmn on January 08, 2015, 03:24:19 PM
Just an update for some folks as I just did my first in-service distribution to my Roth using this strategy.

My 401k provider (Fidelity) knew exactly what I was trying to do and they are mailing me a check made out to my Vanguard roth for the after tax contributions, and a much smaller check made out to my Vanguard Rollover IRA for the investment gains since October when I first started the after-tax contributions. Once I get the checks, all I need to do is forward the checks to Vanguard with instructions on the account numbers and what funds to buy.  Both Fidelity and Vanguard folks were well versed with what I was trying to do. 

tl;dr version- it's pretty easy to do.  Not something I'm going to do every pay period, expecially since any gains are just rolled over to my regular IRA, but easy enough to do every couple of months or every quarter.   
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on January 08, 2015, 03:51:41 PM
I've been researching this and came across this article:
http://thefinancebuff.com/after-tax-401k-403b-rollover-to-roth-small-paycheck.html

If you have this "Mega Backdoor Roth" option, and have outside investments already, and won't get
up to the 53k from your annual salary
, you can "convert" non-retirement money into Roth.  Basically use your outside investments to live off of, and put your whole paycheck to this.

The numbers he uses are not very mustacian, but there's still benefit IMO.

That's not exactly right.  If you won't get up to the $53k from your annual salary, then there's no way to get that much into the 401k to do the rollover in the first place.  What this article is saying is very simple -- if you want to take advantage of the mega back door roth to the fullest extent possible, but can't because you won't have enough of your paycheck leftover to live on, then just live on your preexisting assets instead of your paycheck to allow you to do the mega backdoor roth.

But the comments to this article alerted me to a new IRS FAQ on the megabackdoor roth strategy that, at first blush, is very troubling.  According to the KPMG link in the comments to that article, this is from the IRS FAQ:

Quote
Can I roll over just the after-tax amounts in my account to a Roth IRA and leave the remaining amounts in the plan (i.e., take a partial distribution of just the after-tax amounts)?

No. The guidance provided in Notice 2014-54 does not alter the requirement that each distribution from a plan must include a proportional share of the pretax and after-tax amounts in the account. Accordingly, any partial distribution from the plan must include some of the pretax amounts you have in your account -- you cannot take a distribution of only the after-tax amounts and leave the pretax amounts in the plan. In order to roll over all of your after-tax contributions to a Roth IRA, you could take a distribution of the full amount (all pretax and after-tax amounts) in your account, roll over all the pretax amounts in a direct rollover to a traditional IRA or another eligible retirement plan, and roll over all the aftertax amounts in a direct rollover to a Roth IRA.

At first blush, this seems to run counter to the mega back door roth strategy.  I'm about to leave the office and won't be able to research this or give serious thought to it until later tonight at the earliest, but a quick google search didn't turn up anything.

Seattlecyclone or any of the other tax buffs, do you care to weigh in on this?
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: MrMoogle on January 08, 2015, 05:21:22 PM
Yes I mispoke and you said it much better, thanks for clearning that up :)

So about the IRS FAQ, here is how I understand it.
For in-service distributions, you can't pull out tax-advantaged funds, so if you do it in-service you take out post-tax and post-tax earnings.  And if you have 20% earnings, and take out $1000, then $200 is earnings and $800 is contribution. 

Now after you've left the company, and want to take out $1000, and you have 50% pre-tax, 40% post-tax and 10% post-tax earnings, it has to be $500 pre-tax, $400 post-tax, and $100 post-tax earnings. 

Either way, as long as you do it all at one time, you can now, thanks to the new rule, send each part to a different location.  Pre-tax can go to a tIRA, post-tax to Roth IRA, and post-tax earnings to tIRA.  But you have to specify (somehow) that the post-tax is going to Roth IRA, not just $400 is going there.  Before if you sent $400 to a Roth IRA, only 40% would be from the post-tax.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on January 08, 2015, 05:24:14 PM
My understanding is that if your 401(k) plan is structured so that you have sub-accounts for each funding source (pre-tax, after-tax, Roth, etc.), you are allowed to choose to withdraw funds from whichever sub-account you wish without affecting the other sub-accounts one bit.

If my understanding is correct, what I hope the IRS means is that you can't choose to make a withdrawal from the the after-tax sub-account of your 401(k) that includes only contributions. If you have $4,000 of contributions and $1,000 of earnings sitting in that sub-account, you may not choose to only withdraw the $4,000 of contributions. If you did withdraw only $4,000, it would be considered a withdrawal of $3,200 of contributions and $800 of earnings. Once you withdraw the $4,000, you are free to put the $3,200 in your Roth IRA and $800 in your traditional IRA and pay no tax, but just leaving the earnings where they are is a no-no.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: skyrefuge on January 08, 2015, 07:06:17 PM
Quote
Can I roll over just the after-tax amounts in my account to a Roth IRA and leave the remaining amounts in the plan (i.e., take a partial distribution of just the after-tax amounts)?

No. The guidance provided in Notice 2014-54 does not alter the requirement that each distribution from a plan must include a proportional share of the pretax and after-tax amounts in the account. Accordingly, any partial distribution from the plan must include some of the pretax amounts you have in your account -- you cannot take a distribution of only the after-tax amounts and leave the pretax amounts in the plan. In order to roll over all of your after-tax contributions to a Roth IRA, you could take a distribution of the full amount (all pretax and after-tax amounts) in your account, roll over all the pretax amounts in a direct rollover to a traditional IRA or another eligible retirement plan, and roll over all the aftertax amounts in a direct rollover to a Roth IRA.

At first blush, this seems to run counter to the mega back door roth strategy.

I haven't been following this nearly as closely as you guys, but it appears like a giant roadblock to me too. Kitces mentions it twice in his post:
https://www.kitces.com/blog/irs-notice-2014-54-acquiesces-on-splitting-after-tax-401k-contributions-for-roth-conversion/
Quote from: Kitces
Notably, to the extent a retiree takes out only part of the account, the pro-rata rules under IRC Section 72(e)(8) do still apply to determine how much is coming out in the first place. Thus, for instance, if the 401(k) balance is $100,000 including $20,000 of after-tax funds, and the individual only requests a $20,000 distribution, then the distribution is treated as $16,000 of pre-tax and $4,000 of after-tax; while this could still be split, with the $16,000 of pre-tax to a rollover IRA and $4,000 of after-tax to a Roth, if the account owner wants to get out all $20,000 of after-tax funds into a Roth, he/she will be required to take all $100,000 from the 401(k) plan – getting out the whole $20,000 of after-tax and $80,000 of pre-tax – and can then allocate the pre-tax funds to a rollover IRA and the after-tax to a Roth.

All the Examples in IRS 2014-54 (http://www.irs.gov/pub/irs-drop/n-14-54.pdf ) seem to support this view too.

Neither source mentions anything about seattlecyclone's idea of "sub-accounts" that can be withdrawn from individually, though I have seen references to 401(k) plans that allow such sub-account withdrawals, and there are people in page 4 of the bogleheads thread (https://www.bogleheads.org/forum/viewtopic.php?f=2&t=137366&start=150 ) who believe such legal separation is possible. I guess my interpretation of 2014-54 is that it explicitly disallows such sub-account withdrawals, and tells 401(k) plans "no, you can't actually do what you've been doing". But it seems like some of those bogleheads have dug deeper into the legalese than me, so my answer is probably still "who knows?" I think I'm just glad I can't do after-tax contributions of any sort in my plan so I don't have to be worried/tantalized. :-)
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on January 08, 2015, 07:25:25 PM
The legal separation is often referred to in IRS publications as a "separate contract" (since 401(k) and similar plans are covered under the section of law that deals with pensions and annuity contracts). One example is this section of publication 575 (http://www.irs.gov/publications/p575/ar02.html#d0e2610). This publication explains that if the employee's plan decides to structure employee contributions as a separate contract from employer contributions, the pro-rata taxable share of withdrawals can be lower than if the plan structured things as all one big "contract" where employee contributions were mixed with employer contributions.

Other sections of that same IRS publication (http://www.irs.gov/publications/p575/ar02.html#d0e1455) describe how a plan can have the Roth portion of a 401(k) plan separated out as a "separate contract" from the pre-tax portion. The fact that it is structured as a separate contract means that you can withdraw from the Roth portion tax-free without being considered to have withdrawn a proportional amount from the pre-tax "contract" under your plan.

My own employer has an internal financial planning mailing list. Dozens (hundreds?) of these people have been regularly making these after-tax contributions and rolling them over to Roth IRAs. Some of them have been doing this for several years. I have not heard of one of them posting back that they got in trouble for rolling over only the after-tax sub-account without pro-rating their withdrawal across their pre-tax sub-account as well. This is of course not perfect proof, but it's good enough for me.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on January 08, 2015, 08:07:21 PM
I'd like to mull this over some more and do additional research, but as of now I think seattlecyclone's interpretation is the only reasonable reading of the FAQ, since it is impossible to accompany an in-service withdrawal from an after-tax subaccount with a withdrawal from a traditional pre-tax subaccount.  But it is unfortunate that the IRS chose to use such unclear language in what was intended to be a clarification of Notice 2014-54, which I don't think needed clarifying in the first place.  This will lead to more confusion, not less.

Skyrefuge - I'm very glad to see you joining the brain trust on this issue.

Alan S. in the boglehead forums (one of the blogosphere's leading authorities on these matters) has noted that the Kitces commentary seems to be ignoring subaccounts in his thread about Notice 2014-54, which is incidentally the only other place on the internet I've been able to locate with any discussion about the new FAQ (besides the original financebuff article that MrMoogle linked to above):

https://www.bogleheads.org/forum/viewtopic.php?f=2&t=147196
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: skyrefuge on January 08, 2015, 10:10:17 PM
Ok, I'm sufficiently convinced (for someone who doesn't have to make this decision himself!) that this "separate contract/sub-account" is an actual IRS-allowed thing. It just feels weird that this artificial separation is respected in the 401(k) world, because in the IRA world, the IRS gives zero fucks about whether you have your IRAs in "separate contracts": "nice try, asshole, you thought you could trick me by holding your money in separate accounts? Get the hell out of here, it's all one pot!" But I guess the different treatment of 401(k)-vs.-IRA is just another highlight of what a jury-rigged mess the whole 401(k) concept is!

However, knowing that "separate contracts/sub-accounts" is IRS-allowed is just the first (or, eleventh?) step. There's still the question of whether your employer's plan is legally structured that way. For his part, Kitces doesn't seem to think it's terribly common (https://www.bogleheads.org/forum/viewtopic.php?f=2&t=147196&sid=c553f0545f9cb34d3dba09a495e529ca&start=50#p2208214): "Anecdotally, I find that many/most end out doing it all in one account, probably to save on administrative costs for tracking two accounts, but it does vary by plan/employer."

On the other hand, Fairmark (http://fairmark.com/retirement/roth-accounts/roth-conversions/isolating-basis-for-roth-conversion/basis-recovery-from-employer-plans/) believe that "Recordkeeping systems now in use should handle this feature easily", but does not give an opinion on how frequently this feature is taken advantage of by employers.

Fairmark also has a page dedicated to clearly describing the legal basis for the "separate contract/sub-account" theory: http://fairmark.com/retirement/roth-accounts/roth-conversions/isolating-basis-for-roth-conversion/separate-subaccount-treatment/
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: MrMoogle on January 08, 2015, 11:13:42 PM
The last fairmark link was before this new guidance in September.  Here was what I was looking at, both more recent:

http://fairmark.com/retirement/roth-accounts/roth-conversions/isolating-basis-for-roth-conversion/
http://fairmark.com/retirement/roth-accounts/roth-conversions/isolating-basis-for-roth-conversion/using-new-basis-isolation-rules/
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on January 09, 2015, 05:59:32 AM
Ok, I'm sufficiently convinced (for someone who doesn't have to make this decision himself!) that this "separate contract/sub-account" is an actual IRS-allowed thing. It just feels weird that this artificial separation is respected in the 401(k) world, because in the IRA world, the IRS gives zero fucks about whether you have your IRAs in "separate contracts": "nice try, asshole, you thought you could trick me by holding your money in separate accounts? Get the hell out of here, it's all one pot!" But I guess the different treatment of 401(k)-vs.-IRA is just another highlight of what a jury-rigged mess the whole 401(k) concept is!

When I first about the mega backdoor Roth early last year, my first concern was that since it is the 401(k) analog to the IRA world's regular backdoor Roth, there should be an analog to the pro-rata rule that would apply to any traditional pre-tax 401(k) contributions.  As you said, from a logical and policy perspective, there's no reason why there should be a pro-rata issue in the IRA world but not the 401(k) world.  I raised this concern in this old thread (http://forum.mrmoneymustache.com/investor-alley/mega-backdoor-roth/msg332373/#msg332373), but the general consensus of the tax cognoscenti was that that's indeed how it works (notwithstanding how illogical it is) and that the risk of the IRS taking a contrary view was remote.  That was before the issuance of Notice 2014-54, in which the IRS seemingly explicitly threw in the towel on reserving any objections to this approach.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: MrMoogle on January 09, 2015, 03:41:13 PM
So I asked Vanguard specifically about my 401k, here's my rep's response:

"Your plan does have an After-tax distribution option, which you may roll
over to an IRA. You are correct that you may roll over the pure after-tax
money into a Roth IRA and the earnings (pre-tax money) into a traditional
IRA. The process is not difficult and Vanguard associates will be glad to
assist you when you are ready to do this. There are no fees for an
After-tax withdrawal and no limit for the frequency of this type of
withdrawal.

As of January 8, 2015, you may request an After-tax withdrawal of up to
$XX ($YY taxable). If you would like to request a withdrawal,
please call us at the number below and an associate will be happy to assist
you. This transaction cannot be completed online."

So they don't have a problem performing the in-service distribution, although I guess technically they didn't mention tax implications.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Mississippi Mudstache on March 05, 2015, 07:38:27 AM
I just realized that my 401k allows for in-service withdrawals, so I came back to thread to read up on the topic. Last year, I made two months' worth of after-tax contributions after hitting the pre-tax maximum in October. I'm about to contact my plan administrator, and I'm crossing my fingers that I'll be able to withdraw just the after-tax contributions.

If it works out, this could be a huge boost in getting my Roth IRA filled up in preparation for ER without incurring unnecessary income taxes in the meantime. I guess I'll just have to figure out how to earn more/spend less, because $18,000 in my 401k + $6650 in my HSA + $11000 in our traditional IRAs is all I'm projecting that I'll be able to save this year.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: brooklynguy on March 05, 2015, 07:48:55 AM
I just realized that my 401k allows for in-service withdrawals, so I came back to thread to read up on the topic. Last year, I made two months' worth of after-tax contributions after hitting the pre-tax maximum in October.

Why did you make after-tax 401k contributions without a view towards doing mega backdoor roth rollovers?  Simply for the tax deferral on the earnings?

This reminds me that it's time to follow up on the status of bearkat's hiccup in executing his mega backdoor rollover (http://forum.mrmoneymustache.com/investor-alley/401k-pro-rata-rule-for-mega-backdoor-roth-ira-(vanguard)/msg536598/#msg536598)...
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: seattlecyclone on March 05, 2015, 07:52:37 AM
I just realized that my 401k allows for in-service withdrawals, so I came back to thread to read up on the topic. Last year, I made two months' worth of after-tax contributions after hitting the pre-tax maximum in October. I'm about to contact my plan administrator, and I'm crossing my fingers that I'll be able to withdraw just the after-tax contributions.

You can't withdraw just the contributions. Any earnings have to come out as well. You are allowed to divert the earnings to a traditional IRA to avoid paying tax on them for now (which could probably be rolled back into your 401(k) if you really felt like it), but you can't just leave that amount in your after-tax 401(k) subaccount.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: Mississippi Mudstache on March 05, 2015, 07:55:24 AM
Why did you make after-tax 401k contributions without a view towards doing mega backdoor roth rollovers?  Simply for the tax deferral on the earnings?

Good question. I actually changed employers in October after having already hit the $17,500 with my old employer. I made after-tax contributions so I could still receive the 6.6% match that my new employer offers.

You can't withdraw just the contributions. Any earnings have to come out as well. You are allowed to divert the earnings to a traditional IRA to avoid paying tax on them for now (which could probably be rolled back into your 401(k) if you really felt like it), but you can't just leave that amount in your after-tax 401(k) subaccount.

Right. That won't be a problem - I already have traditional and Roth IRAs open at Fidelity. I have about $4,000 in pre-tax 2015 contributions right now, and I'll just as soon leave them in the 401k. But I won't have a problem moving them if it's my only option.
Title: Re: Did the IRS just give an extra $35k/yr of tax-free-growth saving space?
Post by: michaelrecycles on March 13, 2015, 02:18:11 AM
Thank you all who contributed to this thread (as well as the Mad Fientist). I was wondering what to do once I max out the pre-tax portion. After reading this thread and confirming my plan allows it, I now have a strategy.