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George Saenz, the Bankrate.com Tax Talk columnistExcess Roth IRA contribution

Dear Tax Talk,
I made the maximum IRA contribution of $5,000 in early January 2007 for tax year 2007. I am 62-plus years old and retired in July 2006. I will have no "earned" income -- from wages, etc. -- in 2007. I do get a company pension in excess of $5,000 per year that is taxed. Is my 2007 IRA contribution legal in the eyes of the IRS?

Thanks.
-- Jim

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Dear Jim,
Even though a contribution to a Roth IRA is not deductible, you still have to meet the eligibility requirements to contribute.

If you are age 50 or older before 2008 and you only make contributions to Roth IRAs, your contribution limit for 2007 will generally be the lesser of two amounts.

Your contribution limit for 2007:
$5,000.
Or your taxable compensation for the year.

Taxable compensation includes wages, salaries, commissions, self-employment income (including self-employment income from a partnership), alimony and separate maintenance payments. Taxable compensation does not include interest and dividends, deferred compensation, or pension and annuity income.

An excess contribution results in a 6-percent excise tax for each year that the excess contribution exists. To avoid the excise tax, you need to withdraw the funds from the Roth IRA by the due date of your 2007 tax return and include in your 2007 income any earnings on the contribution. If you notify the IRA custodian of the excess contribution, he or she will guide you through the process of withdrawal.

Alternatively, you may want to consider getting a job for 2007.

Bankrate.com's corrections policy-- Posted: Jan. 19, 2007
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