Like many folks you know, Mitt Romney has an IRA. Unlike most folks you know, Mitt's IRA is worth somewhere between $20.7 million and $101 million. How did it get so big?
How does money get into an IRA? Three ways: 1) deductible and non-deductible contributions; 2) rollovers of distributions from other retirement plans; and 3) investment growth.
Like all taxpayers, Mr. Romney's contributions to the IRA were limited. And he is exactly like us in that he has limits on how much he can contribute to an IRA or to a 401(k) plan that can be rolled into an IRA. For most of the years he worked at Bain Capital, the annual IRA pre-tax contribution was capped at $2,000 and the annual 401(k) pre-tax contribution, including employer match, was capped at $30,000. [Limits in 2012 are 5,000 for an IRA ($6,000 if you over 50) and $16,500 for a 401(k) ($22,000 if you are over 50)]. Given those contribution limits, Mr. Romney's IRA investments must have produced extraordinary returns for his IRA to be now worth between $20.7 and $101 million.
A former Bain Capital partner said that Bain Capital had a 401(k) plan that allowed employees to invest in its deals. Romney's 401(k) was rolled over to his IRA. Apparently the IRA has holdings in Bain Capital, the private equity firm Romney helped to start. Private equity is equity capital that is not quoted on a public stock exchange. It consists of investors and funds that make investments directly into private companies or conduct buyouts of public companies that result in a delisting of public equity. Capital for private equity is raised from institutional investors and accredited investors who can invest large sums of money for long periods of time. Private equity can be used to fund new technologies, expand working capital within an owned company, make acquisitions, or to strengthen a balance sheet.
The Internal Revenue Code provides that any person investing an IRA in a private-equity fund, as Mr. Romney did, would incur a special tax on "unrelated business income" also known as UBIT. This tax, assessed at a maximum 35% rate, is meant to discourage tax-exempt entities such as an IRA, pension plan or endowment fund from unfairly competing with for-profit, taxpaying entities by operating a business without paying taxes on it. Investing in a partnership that uses debt to buy companies would trigger the tax.
Some expert commentators speculate that Mr. Romney uses a strategy involving offshore funds to avoid UBIT. He could have had the IRA invest through an offshore affiliate of the private-equity firm, known as an offshore blocker corporation, which in turn invests the same money in the private-equity partnership. The tax is avoided because the IRA technically is investing in the offshore corporation, not in a private-equity partnership.
Mr. Romney is required by law to begin withdrawing funds from his account beginning in 2017, when he reaches age 70½. Those withdrawals will be treated as ordinary income, which currently is taxed at a maximum federal rate of 35%. (For most Americans, IRAs make sense because their savings are so modest their retirement income won't likely trigger high tax rates.)
Why hasn't Mr. Romney converted his huge traditional IRA to a Roth IRA? In a Roth IRA, funds are contributed after tax, but then grow with no further tax liability, and are distributed to the ultimate beneficiary with no tax liability. He could convert his traditional IRA to a Roth IRA by paying income tax on the balance of the whole IRA account in the year of conversion. That would be excellent estate planning if the IRA goes to family members. The huge income tax he would pay on conversion is out of his estate and the family will receive the entire IRA income-tax free.
The current top tax rate on the conversion would be 35%. Since converting your traditional IRA to a Roth is essentially a bet on future tax rates, maybe Mr. Romney expects tax rates to be lower in the future. Most people think, or at last fear, that taxes will be higher later.
On the other hand, Mr. Romney has a record of being a generous charitable donor. Perhaps, he plans to give his IRA to charity. Charities could receive all of the IRA and there would be no income tax and no estate tax. That would be a huge win for charity.