Robert Kelly is managing director of XTS Energy LLC, and has more than three decades of experience as a business executive. In general, the Roth IRA allows you to pass assets tax-free to heirs, meaning that later they wont be taxed on the principal. If there is no designated beneficiary form and the account goes to the estate, the beneficiary will be stuck with the five-year rule for distributions from the account. The assets are transferred into an Inherited Roth IRA held in your name. Given the complexity of inherited IRAs, its valuable when anything simplifies the process. As the U.S. population ages, it is common to inherit an IRA from a mom, dad, aunt, uncle, or even a sibling or friend. Here is what you need to know about inheriting IRA assets as a nonspouse beneficiary. This can be helpful if the surviving spouse is older than the deceased spouse since it delays RMDs from the inherited funds until the deceased spouse would have turned age 73. In addition, your options depend on whether the deceased spouse was under or at least age 72. As a beneficiary, you must take minimum distribution amountsfrom the inherited IRA each year, according to your life expectancy, using a specific set of rules. Non-spouse beneficiaries must take the account down to zero within ten years. All assets in the Inherited IRA are distributed to you. The previous rule said those who inherited an IRA . A married person can use a spouse's compensation to fund an IRA contribution. You can withdraw inherited IRA funds at will. A Roth IRA doesn't offer an upfront tax deduction like traditional IRAs, but withdrawals from a Roth are tax-free in retirement. The IRS generally requires nonspouse inherited IRA owners to start taking required minimum distributions (RMDs) no later than December 31 in the year following the death of the original account owner. Some experts advise IRA beneficiaries to do nothing until theyve met with a financial advisor who can explain their options. Oftentimes the original account beneficiary will pass away before the IRA is completely liquidated. Only available if the spouse is the sole beneficiary. At any time up until 12/31 of the tenth year after the year in which the account holder died, at which point all assets need to be fully distributed. Can You Open a Roth IRA for Someone Else? As life events such as marriage, divorce, and death occur, it's in your best interest (and the IRA owner's) to confirm that beneficiary designations are up to date. However, a few exceptions to this treatment do exist, as explained below. Starting with those inherited after Jan. 1, 2020, the SECURE Act requires the entire balance of the participant's inherited IRA account to be distributed or withdrawn within 10 years of the original owner's death. "2021 Publication 590-B," Pages 45-47. If you don't meet this deadline, your RMD calculation will be based on the oldest beneficiary's life expectancy. A required minimum distribution is a specific amount of money you must withdraw from a tax-deferred retirement account each year, starting at age 73. But as youre navigating the process, youll want to make sure that you avoid the pitfalls, which unfortunately seem all too easy to fall into. However, if you turned 72 before January 1, 2023, you would have needed to begin taking RMDs at age 72, or at 70 if you hit that milestone before Jan. 1, 2020. A private letter ruling involves handing over an IRS fee of about $6,000 to $10,000 and then waiting six months for an answer, he adds. If the IRA owner died with a large estate on which federal estate taxes were paid, as the beneficiary you are entitled to a tax deduction for the share of these taxes allocable to the IRA. This process would mean applying the life expectancy for their age found in the Single Life Expectancy Table (Table I in Appendix B of IRS Publication 590-B). Its not necessary that you were the person who paid the taxes; just that someone did, she says. Whatever your situation, a discussion in advance with your attorney or tax professional may help you avoid any unintended consequences. But the form hasnt been completed, or its not on record with the custodian. Note: If the original account holder did not take an RMD in the year of death, an RMD must be taken from the account by 12/31 of the year the original account holder died. 3 Cash in the IRA Within 10 Years You might have $1 million of income with a $350,000 deduction to offset against that.. Inherited IRA Rules for Non-Spouses For non-spouses, the first step is always to fulfill any RMD owed by the deceased in the year of death. Most commonly, those who inherit an IRA from a spouse transfer the funds to their own IRA. If you fail to take your RMD, you can be subject to a 25% penalty on the amount you should havebut didn'twithdraw. One of the less obvious benefits of the Roth IRA is how it eliminates some tax issues in estate planning. Please speak with your tax advisor regarding the impact of this change on future RMDs. You ask who their beneficiary is, and they think they know. Just a few pieces of information can direct large sums of money. An heir will typically have to move assets from the original owners account to a newly opened IRA in the heirs name. According to the proposed regs, as of January 1, 2022, non-EDBs who inherit an IRA or defined contribution plan before the deceased's RBD satisfy the 10-year rule simply by taking the entire sum before the end of the calendar year that includes the 10th anniversary of the death. The title of the account will conform to tax law, reading: "[Owners name], deceased [date of death], IRA FBO [your name], Beneficiary" (FBO means "for the benefit of"). That means non-spousal beneficiaries must withdraw all assets from an inherited IRA or 401(k) plan by December 31 of the 10th year following the IRA owner's death. The most drastic consequence of the SECURE Act is its impact on inherited IRAs. Required Minimum Distributions (RMDs) are mandatory and you have the option to postpone distributions until the later of: If you inherited an IRA from someone other than your spouse, there are different withdrawal rules depending upon the type of beneficiary you are (Eligible Designated Beneficiary or Designated Beneficiary). However, this penalty can be reduced to 10% if you take the missed distribution within the "correction window." Beneficiaries should be reminded to speak with their attorney or tax professional before taking any distribution from a retirement account or if they have specific questions regarding protection from creditors. The first option allows most of your funds to grow for potentially decades while you take minimal amounts out each year. You can also review additional information in ourInherited IRA Brochure (SECURE Act compliant). Heres how you can avoid some costly decisions around an inherited IRA. You'll be regulated by the same distribution rules as if the Roth IRA had been yours originally; normally early withdrawal penalties may still apply. However, when the trust's beneficiaries are individuals, those individuals will be treated as designated IRA beneficiaries to determine RMDs. If youve recently inherited an individual retirement account, you can find yourself at the tricky three-way intersection of estate planning, financial planning and tax planning. If you want to split the IRA, you must do so by Dec. 31 the year following the year of the original owner's death. If you aren't careful, you may pay more in taxes than you should. If the distribution is sizable, you may need to adjust your wage withholding or pay estimated taxes to account for the tax that youll owe on the RMDs. If you inherited an IRA, and youre the spouse of the original owner, you have one set of choices. If the account owner had reached their required beginning date to start taking Required Minimum Distributions (RMDs) before they died, you will also be required to continue to take RMDs during the 10-year period. . You have to follow the IRS required minimum distribution (RMD) rules to establish a withdrawal schedule for your account. Note: If the original account holder did not take an RMD in the year of death and they were required to, an RMD must be taken from the account by 12/31 of the year the original account holder died. 6 Strategies To Make the Most of Your Roth IRA, IRA and 401(k) Withdrawal Rules and Penalties, How Designated Roth or Roth 401(k) Plans Work, The Setting Every Community Up for Retirement Enhancement Act of 2019 (The SECURE Act), Relief for Reporting Required Minimum Distributions for IRAs for 2020, IRS Provides Tax Inflation Adjustments for Tax Year 2022, Publication 590-B (2021), Distributions from Individual Retirement Arrangements (IRAs), Retirement Plan and IRA Required Minimum Distributions FAQs, "Inherited or 'Stretch' Individual Retirement Accounts (IRAs) and the SECURE Act, Understanding the Basics of Estate Planning. House Committee on Ways and Means. Non-spousal beneficiaries can take withdrawals from inherited Roth IRAs tax-free as long as. The updated data reflects the fact that people are living longer. 2 Some beneficiaries may still be exempt from the SECURE Act rule if their benefactor passed before January 1, 2020. The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) made major changes to IRA RMD rules, pushing the age of onset from 70 to 72. Starting an IRA for Your Child: The Benefits. The IRS published regulations on Feb 24, 2022, which requires beneficiaries using the 10-year withdrawal schedule to take annual RMD withdrawals in years 1-9 and fully deplete their account by December 31 of year 10, provided they inherited the account from an owner who was already taking RMDs. On Dec. 20, 2019, the SECURE Act passed, requiring that non-spouse beneficiaries of IRAs must cash in IRA assets by December 31 of the 10th year after the original owners death. The chosen option can impact the size of the required minimum distributions from the inherited funds and, as a result, have income tax implications for the spousal beneficiary. Distributions may be taken during that period without being taxed (provided that the five-year holding period has been met), otherwise only earnings are taxable. If no other beneficiaries exist, the assets will pass in accordance with the IRA provider's custodial agreement. If the owner's spouse chooses to assume the IRA, he or she must begin taking RMDs by the later of December 31 of the year after the owner's death or April 1 of the year after the spouse reaches RMD age. There are a lot of rules that apply to inherited IRA accounts. "2021 Publication 590-B.". "If IRA owners and their beneficiaries are not careful, they could end up paying higher taxes or penalties and forfeiting the opportunity for future tax-advantaged growth.". Most experts thought that annual payments wouldn't be required under the new 10-year rule. If that person is older than you are, you will need to take a larger distribution. Some beneficiaries may still be exempt from the SECURE Act rule if their benefactor passed before January 1, 2020. "2021 Publication 590-B," Page 13. "2021 Publication 590-B," Page 5. Remember, you will have years to take action. Copyright 2022 Bankrate, Inc. All rights reserved. Typically, if you own a traditional IRA, you must begin your distributions when you reach age 73, a new age limit established in 2022 under H.R. If you decline to accept all or part of the IRA assets you are entitled to, they will pass to the other eligible beneficiaries. The IRS website has more information on the topic of RMDs. If the original IRA owner died before Dec. 31, 2019, the stretch IRA option is available. Five-year and 10-year withdrawals. 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