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Form 5305-S Illinois: What You Should Know

With the new law, any money that a “traditional” (non-non-deductible, taxable) IRA contains will now be tax-free and not subject to taxation whether the money is held in the account for  up to five years or converted to cash (or converted back to an IRA).  This change was a reaction to numerous lawsuits and state and federal government actions brought by individuals and groups concerned the IRAs, even the traditional IRAs, were not doing enough to protect against potential tax liability for the conversion of non-taxable money into taxable money. The IRS had a responsibility to protect taxpayers, but it was also bound by the rules of a new law (the Roth Conversion  Act) and the rules that applied to conversion accounts before the new law was passed (the 2023 I.R.C. section 401(a)).  Thus, a taxpayer can, with the new law, convert as much as 5,500 of non-taxable (non-deductible), pre-tax money into a Roth IRA, and the money is completely tax-free and not subject to tax in the future. In a recent ruling by the IRS, the IRS confirmed that it would not enforce a conversion between a traditional IRA  and a Roth IRA, that the taxpayer will be allowed to convert any excess non-covered money on a Traditional IRA to a Roth IRA, and that, in the event that the taxpayer is under 65, the taxpayer can, with the new law, convert up to 1 million dollars (or 50,000 per year) of non-taxable non-deductible money into a Roth IRA. (The  IRS ruled the taxpayer should, however, have been allowed to convert 1 million dollars a year, and that the maximum amount that must be converted is 5,500 annually in order to avoid the conversion restrictions.) The IRS also stated that if a taxpayer converts the excess into cash (or cash conversion to a Roth IRA), this will no longer be considered as the conversion, but as a cash withdrawal and be subject to income tax. The IRS's new policy is to treat the conversion as a cash withdrawal and tax it accordingly. Because of these decisions, the IRS will no longer require the taxpayer to make any statements concerning the Roth Conversion Act on any documentation.

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