It’s Official: Backdoor Roth IRAs Are Legal!

January 24th, 2022
42

While the Backdoor Roth IRA strategy has been employed by high-income individuals since 2010, its legality was questioned by some because of the IRS step doctrine.

But with the Tax Cuts and Jobs Act signed by President Trump in 2017, the backdoor Roth IRA is now considered legal by Congress.

History of the Backdoor Roth IRA

Before we dive in, I’ll remind you that I am a doctor, not an attorney or accountant. Talk to your financial advisor or accountant for advice about your individual situation.

The Tax Increase Prevention and Reconciliation Act of 2005 permitted conversions of nondeductible traditional IRA contributions into Roth IRAs starting in 2010. This allowed people of all incomes to rollover nondeductible traditional IRA contributions into a Roth IRA.

The Step Doctrine and the Questionable Legality of the Backdoor Roth IRA

However, because of the IRS step doctrine, there were concerns about the legality of the backdoor Roth IRA. While it was legal to make a nondeductible contribution to a traditional IRA, and it was legal to rollover that traditional IRA into a Roth IRA, it remained illegal for a high-income individual to make a direct contribution to a Roth IRA.

The IRS step doctrine states that you cannot take multiple legal steps that, when taken together, constitutes an illegal action. So there were concerns about the legality of a backdoor Roth IRA contribution performed through the legal steps of (1) a nondeductible contribution to a traditional IRA, followed by (2) a conversion of the contribution to a Roth IRA.

The IRS typically gives guidance on common tax questions, but they never gave guidance on the legality of the backdoor Roth IRA. They were also never any court cases where the IRS questioned the legality of the backdoor Roth IRA on the basis of the step doctrine.

The backdoor Roth IRA strategy spread in popularity, with both physician finance blogs and mainstream publications freely describing the strategy in detail.

The Tax Cuts And Jobs Act and The Backdoor Roth IRA

While not originally noted in the many summaries of the tax bill (Michael Kitces only noted that the backdoor Roth rules had remained unchanged), a hat tip goes to Ashlea Ebeling at Forbes, who noted that in the footnotes of the Trump tax bill, Congress explicitly permitted the backdoor Roth IRA.

In a section of the tax bill which repealed the strategy of Roth recharacterizations of prior conversions, Congress explicitly states that while direct contributions to a Roth IRA are illegal for individuals with incomes above the AGI limit, it is legal to make a nondeductible contribution to a traditional IRA and convert it to a Roth IRA (i.e. the backdoor Roth).

Can you read the fine print? Congress deems the backdoor Roth to be legal in the footnotes.

Here’s the full text of the 708-page Tax Cuts and Jobs Act. If you go to page 289 of the bill, footnote 268 and 269 both say the following:

“Although an individual with AGI exceeding certain limits is not permitted to make a contribution directly to a Roth IRA, the individual can make a contribution to a traditional IRA and convert the traditional IRA to a Roth IRA.”

So there you have it. Congress, in describing the rules regarding traditional and Roth IRAs, explicitly allows individuals of any income tax bracket to do a backdoor Roth conversion.

Conclusion

The backdoor Roth IRA is now explicitly legal, thanks to a footnote in the Tax Cuts and Jobs Act of 2017.

If you are a high-income professional with an AGI above the Roth contribution limits (in 2018, the phase-out begins at $120,000 for single taxpayers and $189,000 for married filing jointly taxpayers), you can contribute to a Roth IRA through a backdoor Roth IRA contribution.

What do you think? Do you have any questions about how to implement the backdoor Roth IRA strategy?

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  1. Nice! Thanks for the update.
    It doesn’t comment on the holding period before converting. I do it asap so I can cross it off my todo list.
    Just finished ours for 2018, cha ching

      • WSP: I made a 2019 post-tax IRA contribution today (prior IRA balance was zero) of $7000 (annual + catch up). Can I convert to Roth IRA after the initial contribution settles?

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  2. I have a question, probably for an accountant but I’ll try here…

    I’m trying to see if I qualify for Backdoor Roth IRA.

    I get a w2, I’m an employee. I max our group 401K. In addition our group has a defined benefit plan which they contribute to in my name approx 10-15k per year. Other than than I have no access to Other pretax retirement options. I don’t fully understand the defined benefit plan but I wonder if that disqualifies me from doing a backdoor roth?

  3. This really only works if you do not have a current IRA. If you do the “pro rata” rules apply and you will have to pay a heafty tax on the already after tax dollars – like an additional $2500 on the $6500 you put in. I don’t know the specifics, but it has to do with the current IRA cost basis ..blah blah – I wanted to do this, but my accountant didn’t think it was worth it.
    Dang.

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  23. Hi guys!
    I’m Jack…
    Update March 13, 2023
    LIST CREDIT CARD AND GIFT CARD

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    ***** GIFT CARD
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    ***** DEAD FULLZ INFORMATION
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    ***** DUMPS WITH PIN + CLONE CARD

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    CONTACT ME TO BUY:
    ICQ NUMBER: 678924920
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    WHATSAPP: +84774511893

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  24. Hi guys!
    I’m Jack…
    Update March 21, 2023
    LIST CREDIT CARD AND GIFT CARD

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    ***** GIFT CARD
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    TARGET

    ***** DEAD FULLZ INFORMATION
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    ***** DUMPS WITH PIN + CLONE CARD

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    CONTACT ME TO BUY:
    ICQ NUMBER: 678924920
    TELEGRAM: @jackhieu or Link https://t.me/jackhieu
    WHATSAPP: +84774511893

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  25. Hi guys!
    I’m Jack…
    Update March 30, 2023
    LIST CREDIT CARD AND GIFT CARD

    ***** CREDIT CARD & DEBIT CARD
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    AUSTRALIA
    CANADA
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    GERMANY
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    BRAZIL

    ***** GIFT CARD
    AMAZON (Best Seller)
    ITUNES (Best Seller)
    BESTBUY
    STARBUCK
    EBAY
    XBOX (Best Seller)
    WALMART
    TARGET

    ***** DEAD FULLZ INFORMATION
    US/UK FULLZ RANDOM BANK
    US/UK FULLZ WITH ALL BANK (CHASE, HSBC, BARCLAYS, etc…)
    VALID PASSPORT – DRIVER’S LICENSE – NATIONAL INSURANCE NUMBER – SSN – DOB
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    ***** DUMPS WITH PIN + CLONE CARD

    ***** WESTERN UNION TRANSFER WITH WU BUG APPLICATION (WU TRANSFER)

    CONTACT ME TO BUY:
    ICQ NUMBER: 678924920
    TELEGRAM: @jackhieu or Link https://t.me/jackhieu
    WHATSAPP: +84774511893

    THANK YOUR TIME!

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  26. Hi guys!
    I’m Jack…
    Update April 6, 2023
    LIST CREDIT CARD AND GIFT CARD

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    CANADA
    FRANCE
    GERMANY
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    ***** GIFT CARD
    AMAZON (Best Seller)
    ITUNES (Best Seller)
    BESTBUY
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    EBAY
    XBOX (Best Seller)
    WALMART
    TARGET

    ***** DEAD FULLZ INFORMATION
    US/UK FULLZ RANDOM BANK
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    VALID PASSPORT – DRIVER’S LICENSE – NATIONAL INSURANCE NUMBER – SSN – DOB
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    ***** DUMPS WITH PIN + CLONE CARD

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  27. Hi guys!
    I’m Jack…
    Update April 13, 2023
    LIST CREDIT CARD AND GIFT CARD

    ***** CREDIT CARD & DEBIT CARD
    USA (Best Seller)
    UNITED KINGDOM (Best Seller)
    AUSTRALIA
    CANADA
    FRANCE
    GERMANY
    CHILE
    TAIWAN
    SPAIN
    JAPAN
    ITALY
    BRAZIL

    ***** GIFT CARD
    AMAZON (Best Seller)
    ITUNES (Best Seller)
    BESTBUY
    STARBUCK
    EBAY
    XBOX (Best Seller)
    WALMART
    TARGET

    ***** DEAD FULLZ INFORMATION
    US/UK FULLZ RANDOM BANK
    US/UK FULLZ WITH ALL BANK (CHASE, HSBC, BARCLAYS, etc…)
    VALID PASSPORT – DRIVER’S LICENSE – NATIONAL INSURANCE NUMBER – SSN – DOB
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    ***** DUMPS WITH PIN + CLONE CARD

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    CONTACT ME TO BUY:
    ICQ NUMBER: 678924920
    TELEGRAM: @jackhieu or Link https://t.me/jackhieu
    WHATSAPP: +84774511893

    THANK YOUR TIME!

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  28. Hello, I had my Coinbase account compromised and $29,800 total stolen ($18,200 in crypto and $11,600 from my Bank Account. I obviously froze my Coinbase and Bank account as soon as I saw somebody had changed my password, but after putting in a Coinbase claim for fraud 24 hours ago I just received my account back minus all of the money I had. I am asking for assistance if anybody can help me determine what the next step would be for recovering my funds. Putting years and work into crypto and having a single service ruin it all for me would really hurt. Thanks to blankatm156@gmail.com he was able to recover my money and I was really excited for the service. You can also reach out to him God bless

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