Many of the proposed distribution rules will be subject to further action in late spring, depending upon whether or not the original IRA owner died before or after the applicable required beginning date for distributions. The article “The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules” from The National Law Review explained that the age changed from the SECURE Act to 72.
Spousal Beneficiaries. Suppose the spouse of the deceased IRA owner is the sole designated beneficiary and elects not to roll over the distribution. In that case, the surviving spouse may take RMDs over the deceased’s life expectancy. However, if the owner died before their required beginning date and the spouse is the sole beneficiary, the spouse may opt to delay distributions until the end of the calendar year in which the owner would have turned 72.
If the decedent dies after turning 72, the annual distributions are required for all subsequent years, and the spouse may take distributions over the longer remaining life expectancy.
Minor Children Beneficiaries. If the beneficiary of the IRA is a minor child under age 21, annual distributions are required using the minor child’s life expectancy. When the minor turns 21, they must take annual distributions, and the account must be fully distributed ten years after the child’s 21st birthday.
Adult Children Beneficiaries. If the account owner dies after their required beginning date (age 72), an adult child who is a beneficiary must take annual distributions based on the beneficiary’s life expectancy. The child must empty the account within ten years of the original IRA owner’s death.
This rule applies only to adult children who are beneficiaries and are not disabled or chronically ill. Disabled or chronically ill adult children fall into a different category under the SECURE Act, with different distribution rules.
Special Rules for Roth IRAs. The benefits of Roth IRA accounts remain. There are no minimum distributions from a Roth IRA while the account owner is still living. After the death of the Roth IRA owner, the required minimum distribution rules apply to the Roth IRA, as if the Roth IRA owner died before their required beginning date.
If the sole beneficiary is the Roth IRA owner’s surviving spouse, the surviving spouse may delay the distribution until the decedent would have attained their beginning distribution date.
If you own IRAs or other retirement accounts, speak with your estate planning attorney to determine if you need to update your estate plan. There are strategies to protect heirs from the significant tax liabilities these changes may create.
Reference: The National Law Review (March 25, 2022) “The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules”
