Jun 07, 2023
If you find yourself in a position where you recently
inherited an IRA, you might feel as though you're at a crossroads filled with
many planning tasks pertaining to estates, finances and taxes. According to IRS
regulations instituted in 2020 (with significant updates later), the majority
of beneficiaries who inherit IRAs must withdraw their portion of the IRA's
total value within a 10-year period.
The requirement to withdraw all funds within an IRA before
10 years pass is known as the 10-year rule. If you're younger than 59.5 years
old, you won't be required to pay the 10% penalty, though you will need to pay
income taxes on any distributions that are made until the account has been
fully emptied. Furthermore, you will need to take the required minimum
distributions for the first nine years if the original owner of the IRA passed
away after the date at which withdrawals must be made.
Prior to the passing of the SECURE Act, heirs of inherited
traditional IRAs were able to stretch the tax-deferring power of the account by
basing the RMD calculations on their own life expectancy. This resulted in
decades' worth of tax-free asset appreciation, resulting in the value of the
IRA increasing substantially as opposed to what happens now, which is that IRA
values shrink due to RMD requirements.
This year, people are preparing for the IRS to publish the
official list of regulations regarding how beneficiaries must go about the
process of drawing down inherited IRAs. Until the regulations are released, the
understanding is that beneficiaries must move their assets from the account of
the original IRA and place them in a newly opened IRA with the beneficiary's
name on it. There are many rules that dictate how the new IRA must be treated,
but the rules will depend on how the beneficiary is related to the deceased
individual as well as the beneficiary's age, illnesses or disability status.
Figuring out who receives the most leeway
If you're the spouse of the individual who died, you are
allowed to treat the IRA as though it is yours. You would simply name yourself
as the owner of the account.
Alternatively, you can roll it over into a new account,
whether that's an IRA or a qualified employer plan, like a 403(b) plan. As the
spouse, you are the recipient of a unique privilege that permits you to treat
yourself as the beneficiary of the plan. Somewhat similarly, those who are
regarded as sole beneficiaries of a plan can also treat the IRA as if it is
their own, but in doing so, these individuals might be required to take RMDs.
Another possibility is the beneficiary being required to withdraw all the money
within 10 years.
Determining other beneficiaries who are exempt from the
10-year rule
Once minor children of the IRA owner reach the age of
majority, they are subject to the 10-year rule, but the owner's minor children
are exempt. Additionally, a person who is not more than 10 years younger than
the IRA owner or plan participant is also exempt if that beneficiary is
disabled or chronically ill as defined by the IRS.
Sorting out responsibility in specific situations
If the original IRA owner did not take RMDs in the year of
their death, it becomes your responsibility to ensure that the minimum has been
met. Failure to do so will result in a penalty of 50% of the undistributed
amount.
However, if the original account owner was not required to
take distributions, you are not required to either. The decision of whether to
minimize taxes or maximize cash distributions from the account should also
consider whether the original account owner was required to take RMDs. These
are all important considerations for recipients of an inherited IRA.
As a designated beneficiary, you have the option to select
the 10-year rule. Any type of IRA, including traditional, Roth, Simplified
Employee Pension or SIMPLE, may be turned into an inherited IRA and is treated
the same way. However, while Roth IRA owners do not need to take RMDs during
their lifetimes, beneficiaries who inherit Roth IRAs must take them.
Most, but not all, beneficiaries will have a 10-year window
in which to make withdrawals. In 2021 and 2022, RMDs from inherited IRAs were
not required due to a regulatory reprieve, but it is likely that they will be
required this year when the IRS issues its final rules.
If the account owner died before being required to begin
taking RMDs, an undesignated beneficiary such as an estate or charity would
generally be subject to a five-year window. When deciding how to take
withdrawals, it is important to balance the legal requirements with the tax
impact of withdrawals and the advantages of letting the money continue to grow
over time.
This is just a summary. The rules are complex. As always,
consulting a tax adviser for advice on taking distributions is recommended.
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