Copyright 2001, Marc S. Weissman
Certified Specialist: Estate Planning, Trust and Probate Law
Certified by the California Board of Legal Specialization of The State Bar of California

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2001 Tax Act



Another significant part of the 2001 tax legislation offers greater retirement savings incentives, including increases in the contribution limits to individual retirement accounts (IRAs) and employer-sponsored retirement programs such as 401 (k) plans.

Retirement Savings Provisions

The new law largely incorporates another piece of legislation, called the "Comprehensive Retirement Security and Pension Reform Act of 2001." Here are some highlights.

Increases in IRA Contribution Limits. The legislation increases the contribution limits for IRAs and creates a new "catch-up" rule that raises the contribution limits for people aged 50 and above by an additional $500. The new contribution limits for traditional and Roth IRAs will be $3,000 in 2002 and will gradually increase to $5,000 in 2008, with indexing in $500 increments thereafter.

Increased Benefit and Contribution Limits for Qualified Retirement Plans. Effective for years beginning after 2001, the legislation:



Plan Loans to Owners. The new law should benefit the owners of many closely held businesses by generally eliminating the special rules relating to plan loans to S corporation shareholders, partners, and sole proprietors, thus permitting such loans without automatically triggering a violation of the "prohibited transaction" rules.

Remember, further changes in the rules are almost a certainty.

"Sunset" in 2011? One final aspect of the legislation merits comment. Technically, the changes made by the new law will cease to apply after 2010! This highly unusual provision was included to insure technical compliance with the federal budget law. The lawmakers obviously assume that this provision will be eliminated in future legislation.

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