The IRS inherited IRA inheritance and distribution process can be a daunting task, but it doesn't have to be.
You can inherit an IRA from a deceased spouse, parent, or any other eligible individual, but you'll need to follow the IRS's rules to avoid any potential tax penalties.
The IRS allows you to take distributions from an inherited IRA over your lifetime, which can be a relief for those who don't need the funds immediately.
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Eligible Beneficiaries
Eligible Beneficiaries are those who can stretch out payments over their life expectancies, thanks to the SECURE Act. This favorable treatment is only available to certain heirs.
To qualify as an Eligible Designated Beneficiary, you must be one of the following: a surviving spouse, a child younger than 21, an individual with disabilities, a chronically ill individual, or an individual who is no more than 10 years younger than the account owner.
Here are the Eligible Designated Beneficiary options:
- Surviving spouse
- Children younger than 21
- Individuals with disabilities
- Chronically ill individuals
- Individuals who are no more than 10 years younger than the account owner
These individuals can take distributions based on their life expectancy, which is determined by their age in the calendar year following the year of death and reevaluated each year. This can be a significant advantage, as it allows them to stretch out their distributions over a longer period of time.
Surviving Spouse as Beneficiary
As a surviving spouse, you have more flexibility when it comes to inheriting an IRA. You can choose to treat the IRA as your own, roll it over into your own IRA, or treat yourself as the beneficiary.
You can delay RMDs from an inherited IRA by planning ahead, as the RMDs are based on the life expectancy of the original IRA owner. If the IRA owner dies before reaching age 73, you don't need to start taking RMDs until the year they would have reached 73.
If you're the sole beneficiary, you can transfer the assets into your own existing or new IRA, or you can transfer them into an Inherited IRA held in your name. If you choose the latter, you'll need to take RMDs over your single life expectancy, which is determined by your age in the calendar year following the year of death and reevaluated each year.
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You can also choose to roll over the assets into your own IRA, which can be a good option if the deceased spouse is older than you, as it delays the RMDs. However, if you make a rollover and need funds before age 59½, you'll be subject to the 10% penalty.
Here are the options for surviving spouses:
Keep in mind that 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.
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Eligible Designated Beneficiary Options
Eligible Designated Beneficiaries are permitted to stretch out payments over their life expectancies, according to the SECURE Act.
This favorable treatment applies to specific individuals, including surviving spouses, children younger than 21, individuals with disabilities, chronically ill individuals, and individuals who are no more than 10 years younger than the account owner.
These beneficiaries are not obligated to deplete the IRA within 10 years, unlike Designated Beneficiaries.
The size of their annual RMDs is usually based on their life expectancy.
A surviving spouse beneficiary may delay the commencement of distributions until the end of the year when the original IRA owner would have begun taking RMDs or until the surviving spouse’s required beginning date.
If a minor child inherits an IRA, they must take an RMD over their life expectancy up until reaching age 21.
Once a child reaches age 21, the 10-year rule kicks in, and they must continue to take life expectancy payments over the 10-year inherited IRA period.
Here are the types of Eligible Designated Beneficiaries:
- Surviving spouses
- Children younger than 21
- Individuals with disabilities
- Chronically ill individuals
- Individuals who are no more than 10 years younger than the account owner
Distribution Rules
If you inherit an IRA, the distribution rules have changed significantly. Under the SECURE Act, non-spousal beneficiaries must withdraw the entire balance of the inherited IRA account by the end of the 10th year following the original owner's death.
The 10-year rule applies regardless of whether the participant dies before, on, or after the required beginning date (RBD), the age at which they had to begin RMDs. This means you must withdraw the inherited funds within 10 years and pay income taxes on the distributed amounts.
There are some exceptions to the 10-year rule, including minor children of the original account holder, up to age 21, and people who are chronically ill or permanently disabled.
A designated beneficiary is a person designated by the IRA owner or retirement plan participant to be a beneficiary. Charities, estates, and most trusts cannot qualify as designated beneficiaries.
Here's a summary of the distribution periods under the old rules:
Note that the old rules still apply if the person who owned the account died before Jan. 1, 2020.
10-Year Distribution Rule
The 10-year distribution rule is a significant change to inherited IRA rules that affects non-spouse beneficiaries. This rule requires the entire balance of the inherited IRA account to be distributed or withdrawn by the end of the 10th year following the original owner's death.
Curious to learn more? Check out: Inherited Ira 10-year Rule Example
The 10-year rule applies to beneficiaries who inherit an IRA from an account owner who died in 2020 or later. This rule is a result of the SECURE Act, which made major changes to IRA RMD rules.
The 10-year rule is a departure from the previous rules, which allowed beneficiaries to stretch out withdrawals over decades. Now, non-spouse beneficiaries must withdraw the entire balance within 10 years, and pay income taxes on the distributed amounts.
Eligible designated beneficiaries, such as surviving spouses, disabled or chronically ill individuals, and certain other family members, are exempt from the 10-year rule. These beneficiaries can instead take annual RMDs based on their life expectancy.
The 10-year rule applies regardless of whether the account owner died before or after their required beginning date (RBD). The RBD is the age at which the account owner would have started taking RMDs.
Here's a summary of the exceptions to the 10-year rule:
The 10-year rule is a significant change to inherited IRA rules, and it's essential for beneficiaries to understand their options and obligations.
Distribution Periods Under Old Rules
You have to start making RMDs (Required Minimum Distributions) from your traditional IRA or defined contribution retirement plan by April 1 of the calendar year following the year you turn 72.
The rules are a bit tricky, but essentially, you have two options: you can either distribute the entire interest by your required beginning date, or you can start making distributions over the life of the employee, or the lives or life expectancies of the employee and a designated beneficiary.
A designated beneficiary is someone you've chosen to inherit your IRA or retirement plan benefits. However, charities, estates, and most trusts don't qualify as designated beneficiaries.
Designated beneficiaries who are also surviving spouses get more favorable treatment. The other kind of beneficiary includes entities like estates, charities, and most trusts, as well as individuals who don't qualify as designated beneficiaries.
Here are the two timing situations to consider:
- If you die after RMDs have begun under the life expectancy rules, the rules apply to your beneficiary.
- If you die before RMDs have begun, the rules also apply to your beneficiary.
The rules distinguish between two kinds of beneficiaries: designated beneficiaries who can use their own life expectancy for distribution periods, and all other kinds of beneficiaries.
Secure Act Changes
The SECURE Act made significant changes to inherited IRA rules, affecting non-spouse beneficiaries. Starting with those who inherited IRAs after January 1, 2020, the 10-year rule applies, requiring the entire balance to be distributed or withdrawn by the end of the 10th year following the original owner's death.
The 10-year rule applies regardless of whether the participant dies before, on, or after their required beginning date (RBD), which is the age at which they had to begin taking required minimum distributions (RMDs). This rule supersedes the old stretch IRA rules, which allowed beneficiaries to stretch out withdrawals over decades.
Here are the exceptions to the 10-year rule:
- The surviving spouse of the taxpayer
- A child of the taxpayer who has not reached the age of majority
- Disabled
- Chronically ill
- Not more than ten years younger than the taxpayer
- A designated beneficiary of a taxpayer who died on or after January 1, 2020
In these cases, the 10-year rule is treated as satisfied if distributions are paid over the designated beneficiary's lifetime or life expectancy.
Secure Act Changes
The SECURE Act made significant changes to IRA rules, affecting both account owners and beneficiaries.
The Act pushed the age of onset for IRA owners to take RMDs from 70½ to 72, and later to 73, depending on the account owner's age. The age is set to jump to 75 in 2033.
Intriguing read: Secure Act Inherited Ira
One of the most notable changes is the elimination of "stretch IRAs." Previously, all beneficiaries of inherited IRAs could stretch RMDs over their entire life expectancies. Younger heirs in particular benefited by taking smaller distributions for decades, deferring taxes while the accounts grew.
The SECURE Act also introduced a 10-year rule for inherited IRAs. Under this rule, the value of an IRA inherited by a non-spouse beneficiary must be zero by Dec. 31 of the 10th anniversary year of the owner's death.
Here are the groups of beneficiaries exempt from the 10-year rule:
- A surviving spouse
- A disabled or chronically ill person
- A child of the deceased who hasn't reached the age of majority
- A person not more than 10 years younger than the IRA account owner
These beneficiaries can take distributions based on their life expectancy, rather than depleting the IRA within 10 years.
Prior to the Secure Act
Prior to the Secure Act, inherited IRAs had specific rules for Required Minimum Distributions (RMDs). If the taxpayer died after their Required Beginning Date (RBD), the beneficiary could take distributions based on their own life expectancy or the longer of their life expectancy or the life expectancy of the taxpayer.
The RBD for RMDs was April 1 of the calendar year following the year the employee or IRA owner turned 72. Defined contribution retirement plans had to provide either that the entire interest of the employee was distributed by the RBD, or that the entire amount would be distributed beginning not later than the RBD, over the life of the employee or the lives or life expectancies of the employee and a designated beneficiary.
Designated beneficiaries, who were typically spouses, got more favorable treatment. They could use their own life expectancy for distribution periods. Other kinds of beneficiaries, such as estates, charities, and most trusts, did not qualify as designated beneficiaries.
The rules distinguished between two timing situations: one where the employee died after RMDs had begun under the life expectancy rules, and the other where they died before RMDs had begun.
Related reading: Rules for Custodial Roth Iras
Frequently Asked Questions
What is the new IRS rule on inherited IRA?
The "10-year rule" requires inherited IRAs to be empty by the 10th year after the original account owner's death, unless the heir is a spouse, minor child, disabled, chronically ill, or certain trusts. This rule applies to inherited IRAs inherited since 2020.
Do I have to pay taxes on an IRA I inherited?
Taxes on an inherited IRA are generally not due on withdrawals of contributions, but may be due on withdrawals of earnings if the account is less than 5 years old. Learn more about tax implications for inherited IRAs
Are RMDs required on inherited IRAs in 2024?
RMDs are not required on inherited IRAs in 2024 if the deceased owner was already subject to RMDs. However, beneficiaries of inherited IRAs from 2023 may still need to take distributions in 2024.
What are the new rules for inherited IRAs in July 2024?
As of July 2024, inherited IRAs have new rules: beneficiaries must continue taking annual RMDs based on the deceased's schedule for 10 years after their passing. This change affects how inherited IRA distributions are managed.
Sources
- https://www.schwab.com/ira/inherited-and-custodial-ira/inherited-ira-withdrawal-rules
- https://www.investopedia.com/inherited-ira-rules-for-beneficiaries-8661569
- https://www.eisneramper.com/insights/tax/navigating-inherited-ira-rules-post-secure-act-1124/
- https://www.cshco.com/insights/final-irs-regulations-released-inherited-iras
- https://www.wolterskluwer.com/en/expert-insights/irs-clarifies-10-year-rmd-rule-and-pub-590-b
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