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RMD relief for IRAs offers tax planning opportunities

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Financial advisors, tax professionals and their clients who inherited individual retirement accounts in this year or the previous three received 12 more months of flexibility from the IRS.

In an April 16 notice, the agency and the Treasury Department tacked on at least one more year without required minimum distributions for IRA and annuity beneficiaries who must transfer the full amount into their income for federal tax purposes within a decade under the terms of the 2019 Secure Act, rather than using the previously available lifetime “stretch” strategy. The “welcome news” for heirs provides more time “for additional growth and compounding without the burden of taxes,” Allen Laufer, the director of financial planning for New York-based registered investment advisory firm Silvercrest Asset Management Group, noted in an email.

READ MORE: With Congress slow to act, financial advisors plan ahead on estate taxes

For planners and clients seeking to reduce potential estate taxes and RMD headaches down the line, that extra year of relief also creates an opportunity to consider trust strategies that could address both issues at once, according to Laufer and Theresa de Leon, the national director of sales for Arden Trust, a Kestra Holdings company. 

The notice represents “the final regulations” that “will apply for purposes of determining RMDs for calendar years beginning on or after Jan. 1, 2025,” the IRS said in the notice itself. In the meantime, heirs and their tax professionals can think through the potential timing and bracket impact of inheriting the assets amid the potential sunsetting of the lower individual rates of the 2017 Tax Cuts and Jobs Act in 2026, Laufer said. 

“If they’re currently in a low tax bracket but anticipate moving to a higher one later, it might make sense to capture taxable income in the lower bracket year,” he said. “Let’s not forget that the IRA must distribute all its assets within the 10-year period. By deferring distributions, subsequent year distributions may be larger and push individuals into a higher tax bracket.”

Since “retirement accounts are always an important part of planning” for an estate transfer, placing the IRA in a trust could be “the easiest and simplest way” for an owner to lessen the taxes and RMDs for heirs in the future, de Leon noted in an interview.

“You never want to go to a client with the answer before you ask all of the questions — that’s kind of the mantra that I live by. You have to take the step back and understand your client and what your client’s objectives are,” she said. “You can really get some of the trusts out of the estate, so that you don’t have that first bite of the apple of the estate tax.”

READ MORE: How a life insurance strategy could save some wealthy estates millions

Estate taxes, the sunset date of many Tax Cuts and Jobs Act provisions and RMDs under the Secure Act have emerged as three complicated prongs of related planning questions that could occupy planners and their clients for several years. Just as it did the last time the IRS pushed back the beginning of RMDs this past summer, the question remains whether the agency will do so again next year. 

The wording in the IRS notice that the Secure Act rules “will apply” on or after the beginning of 2025 displays a notable difference with the ones bringing that relief in prior years by stating that the RMDs would have to begin “no earlier than the subsequent” year, certified public accountant Ed Zollars wrote on Kaplan Financial Education’s “Current Federal Tax Developments” blog.

“Such omissions have historically left the applicability of penalties in the following year ambiguous, with the IRS not specifying its expectations regarding the enforcement of these rules for distributions in that year,” Zollars wrote. “And, in fact, such penalties have not applied in those subsequent years. Instead, the current notice indicates that the final regulations are projected to be applicable for determining required minimum distributions for calendar years starting from January 1, 2025. Consequently, it is prudent for taxpayers to operate under the assumption that distributions are likely to be mandated for the tax year 2025 and beyond.”

In light of the eventual implementation of the 10-year distribution rules, IRA owners and their tax professionals could set up a charitable remainder trust (CRT) to be the beneficiary, Laufer said. That strategy comes with its own guidelines, such as restricting the annual payouts to heirs to between 5% and 50% of the trust’s value and other specific qualifications, he noted. 

“A CRT is a tax-exempt entity that can distribute an annuity based on a percentage of the annual fair-market value of the trust assets,” Laufer said. “The beneficiary of the CRT would retain the right to receive an annuity expressed as a percentage of the annual fair-market value of the trust’s assets. This annual annuity can be paid to individual beneficiaries for life or for a term up to 20 years. At the end of the CRT term any remaining trust property will pass to the designated qualified charitable beneficiaries.”

READ MORE: 26 tips on expiring Tax Cuts and Jobs Act provisions to review before 2026

The many family dynamics involved with estate planning often bring other factors into the mix around a decision about placing the assets in a trust, de Leon noted. Those may include the relative financial sophistication and well-being of one heir as compared to another, protecting assets in the event of a divorce or even concerns about substance abuse problems, she said.

“It’s really those kinds of issues — those emotional issues — that tend to lead people to trusts,” she said. “Those tend to be more the rationale for people these days. More of my conversations are about that than the tax consequences, frankly.”

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Is gen AI really a SOX gamechanger?

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By streamlining tasks such as risk assessment, control testing, and reporting, gen AI has the potential to increase efficiency across the entire SOX lifecycle.

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FASB offers retainage guidance for construction contractors

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The Financial Accounting Standards Board released a staff educational paper Tuesday to answer questions about how to apply its revenue recognition standard to presentation and disclosures to construction contracts that contain retainage (or retention) provisions. 

The paper pointed out that construction businesses are often subject to contracts that contain retainage (or retention) provisions. 

Companies that operate in the construction industry are frequently subject to contracts that include retainage provisions. Those provisions generally offer a kind of security to the customer by permitting the customer to withhold a portion of the consideration billed by the company until certain project milestones are met or the project is finished.

The revenue recognition standard, also known as Topic 606 or ASC 606 in FASB’s Accounting Standards Codification, offers guidance on the presentation of a contract with a customer on the balance sheet as a contract asset or a contract liability and related disclosures, but lacks specific guidance on retainage. 

The educational paper explains the presentation and disclosure requirements in GAAP about retainage for construction contractors and provides some examples of voluntary disclosures of retainage that would provide more detailed information about contract asset and contract liability balances.

The FASB staff received feedback from private company stakeholders in the construction industry, as well as the FASB-affiliated Private Company Council,  questioning the proper application of Topic 606 guidance to retainage. Some users of private company financial statements, including sureties, provided feedback that information about retainage is important to their analysis. 

The educational paper aims to clarify the presentation and disclosure requirements in GAAP about retainage for construction contractors and provide example voluntary disclosures of retainage that would currently be permissible under GAAP and would provide users with more detailed information about contract asset and contract liability balances. 

The educational paper doesn’t change or modify current GAAP and isn’t intended to be a comprehensive assessment of the accounting for retainage in accordance with Topic 606. The exhibits included in the paper are for illustrative purposes and don’t create additional requirements beyond those in current GAAP. Entities should refer to current GAAP and consider entity-specific facts and circumstances when preparing financial statements.

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Small business wage and job growth stayed flat in March

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Hourly earnings and job growth for workers in small businesses remained mostly unchanged last month, according to payroll provider Paychex.

The Paychex Small Business Employment Watch, which includes the Paychex Small Business Jobs Index, showed job growth continued at levels seen over the last several quarters at 99.75 in March for U.S. businesses with fewer than 50 employees. Paychex wage data found the hourly earnings growth rate (2.91%) for workers in U.S. small businesses remained essentially similar in March compared to February.

The national Small Business Jobs Index dipped 0.29 percentage points to 99.75 in March, slightly less than the pace set at the end of the past two quarters. At 2.91%, hourly earnings growth stayed below 3% for the fifth month in a row in March, while one-month annualized hourly earnings growth (3.51%) outpaced annual growth (2.91%) for the fourth consecutive month.

“We don’t see any signs of recession,” said Frank Fiorille, vice president of risk, compliance and data analytics at Paychex. “It looks like they’re still doing OK, not gangbusters, but still keeping up with the range that they have done the past few months.”

The Midwest remained the top region for the 10th consecutive month on small business job growth, despite slowing 0.58 percentage points in March. Texas continued to lead the other states on small business job growth in March, while Minneapolis gained 1.87 percentage points to move into first place in March among metropolitan areas. The manufacturing industry gained 1.05 percentage points during the first quarter of 2025 to perform best among the industry sectors on job growth.

On the wage front, Tampa topped the other metro areas in March in terms of both hourly earnings growth (4.20%) and weekly earnings growth (4.00%).

Fiorille doesn’t see much impact on small businesses yet from the tariffs that President Trump administration has threatened to impose on Wednesday. “My handicapping of this is that it will obviously impact them, but not as much as you’d think,” he said. “I do think a lot of them are service related, but even in the service-related ones, they’ll have some issues if they import stuff as well. Then there might be some indirect inflation costs on them.”

He advises accountants to keep an eye on further developments on tariffs, tax changes and the steady stream of executive orders from the White House.

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