May 13, 2024
We've updated this article with new information. Please see the new post here:
For many years, non-spousal beneficiaries of a decedent’s defined contribution plan who established their Beneficiary IRAs could often take RMDs (required minimum distributions) based on their own life expectancy, which could last for many years. These arrangements were commonly referred to as “stretch IRAs.” The ability to set up stretch IRAs was impacted by the SECURE Act of 2019. The Act provided that starting in 2020, many non-spousal beneficiaries (i.e., “designated beneficiaries”) were required to withdraw funds from their beneficiary IRAs using a ten-year rule. This rule was created to allow the government to raise tax revenue to offset the consequences of a rise in the age for requiring RMD distributions from non-beneficiary retirement accounts with “pre-tax” assets.
The ten-year rule generally provides that beneficiaries must empty the entire beneficiary IRA account by the end of the 10th year following the year of the decedent account owner's death. What was unclear was whether a Beneficiary IRA recipient was also subject to RMD rules during that ten-year period or whether the recipient could wait until the end of the ten-year period and take all the money out at that time. This lack of clarity was concerning because the penalties for failure to take an RMD were stiff, either 50% or 25% under the SECURE Act of 2019 and the Secure Act 2.0, respectively.
The IRS attempted to clarify the rules related to these distributions in Notice 2022-53, released Oct. 17, 2022. The IRS stated that it would not treat a beneficiary of an inherited account in a plan or IRA subject to the 10-year rule and who failed to take an RMD for 2021 and 2022 as having failed to take the correct RMD. The IRS stated that it intended to issue final regulations related to required minimum distributions (RMDs) to apply “no earlier than the 2023 distribution calendar year.”
On April 16, 2024, the IRS issued Notice 2024-35, which announced that penalty relief under the 10-year rule for beneficiaries has been extended through 2024. Persons taking distributions under the 10-year rule should be aware of this notice and avoid getting pushed into higher tax brackets with counterproductive distribution timing. Understanding the RMD distribution rules is an essential element of strategic financial planning.
For further reading, see the following resource:
IRS Extends Waiver of Excise Tax for Inherited IRAs, but Not RMDs | Morningstar
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